notice at end of lease

M

MovingOn

Guest
Hi There

Hoping you can help. We moved out of our apartment a few weeks ago and are ready to rent it out. Our neighbours called in and were interested in moving from their apartment which is smaller into ours. Very nice young family, we were delighted as would not have to advertise etc.

Their lease expired on the 16th January but as their landlord was on holiday they could only get to meet with him tonight.

Things did not go well and the lady just called me in tears. He told them they would have to give 4 weeks notice to leave. Their lease is up so I do not understand how this could be correct?? He also told them they may owe arrears etc etc. I think he was basically trying to frighten them as he has rung them back 4 times this evening everytime with a reduction in rent.

I understand that he is probably not too happy about losing them as they are great tenants and have been there for 3 years,

I do not like his tactics though as they are foreign nationals and are very upset that they are feeling forced into staying and do not know their rights.

I need to tell them their legal rights..Can anyone help?

Thanks
 
If your friends letting agreement expired on 16th Jan. then that letting agreement is over.
There is no obligation to serve notice on their part.The letting agreement is a contract and provided they have performed their part then the contract is performed and they have no obligation to him(they have rights arising out of the Residential Tenancies Act 2004 though)
I have some articles on www.businessandlegal.ie on landlord/tenant law, PRTB and Residential Tenancies Act 2004 if you want to have a look.
If they have arrears of rent then it is slightly more complicated.
 
Hi,

if they had moved out on the 16th Jan, then the 1 year lease would be finished. As they have stayed on , they now have a part 4 tenancy agreement. This requires specific notice periods. 1-2 years means 42 days notice. They should try to come to some arrangement with the current landlord.
 
Try contacting [broken link removed] - they will be able to help with advice on renting rights and leases. They have a phone helpline on 01 678 6096
 
steelblue said:
Hi,

if they had moved out on the 16th Jan, then the 1 year lease would be finished. As they have stayed on , they now have a part 4 tenancy agreement. This requires specific notice periods. 1-2 years means 42 days notice. They should try to come to some arrangement with the current landlord.
Click to expand...
The tenants statutory entitlement to a Part 4 tenancy arises after 6 months(Residential Tenancies Act 2004)
But they do not have to exercise their right to a part 4 tenancy and the 12 month letting agreement terminates after 12 months on 16th Jan. and provided they have performed their part of the contract(letting agreement) it is over and they are under no obligation to give notice,although it would be courtesy.

If there is outstanding rent due that would complicate things slightly.
 
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