Part 4 and new fixed term

Hi,

I started renting out my house in 2014. The initial lease was for 12 months. This tenancy was registered with PRTB.

In 2015 towards the end of the fixed term, the tenants asked for another fixed lease for 12 months (presumably as they wanted some security of tenancy). I agreed to this. I did not register this tenancy as the tenants etc.. were the same.

Questions:
- Should I have registered a new tenancy for the second fixed term?
- For the purposes of part 4, does giving a new fixed term reset the 4 year clock (as it was at the time) for part 4?

Thanks!

You only have to register the tenant with the PRTB once every four years.

I've no idea though about Part 4's as I don't bother with leases or take any head of the rules and the tenants likewise. They pay me the rent and they are left in peace and can leave whenever they feel like it as far as I'm concerned.

The PRTB will send you a reminder letter after the four years are up. I've got a few of those and you just reregister again.

I heard something recently about the four years being changed to six years.

Bronte said:

I heard something recently about the four years being changed to six years.

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Thanks for the reply. It has gone up to six years for tenancies created after December 2016.

I am inclined to agree with Bronte but would like other opinions. I have always given my tenants fixed term leases but reading the rtb website I am wondering is there any point. A tenant can end a lease anytime with very little notice. If I dont allow him sublet he can just leave or this is my understanding so is there any real value in drawing up a fixed term lease. Any thoughts. Do you have to have a lease to register with the RTB.

Meath Lady said:

I am inclined to agree with Bronte but would like other opinions. I have always given my tenants fixed term leases but reading the rtb website I am wondering is there any point. A tenant can end a lease anytime with very little notice. If I dont allow him sublet he can just leave or this is my understanding so is there any real value in drawing up a fixed term lease. Any thoughts. Do you have to have a lease to register with the RTB.

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As far as I am aware, a fixed lease benefits the tenants as they have complete security of tenure (assuming they keep up to date with rent etc..) so a house sale has no impact on their tenancy and a landlord can't move back in. Whereas with part 4, they can be asked to leave for one of these reasons.

For a tenancy that has lasted between 6 months and 4 years – known as a Part 4 tenancy – the landlord can end it only in the following circumstances:

• If you do not comply with the obligations of the tenancy
• If the property is no longer suited to your needs (for example, if it is overcrowded)
• If the landlord intends to sell the property within 3 months (Sections 38, 39 and 40 of the 2016 Act provide for amendments to the rules on termination due to intention to sell. These amendments are not yet in effect.)

or for the following 3 specific reasons:

• If the landlord needs the property for their own use or for an immediate family member (this only applies to private landlords)
• If the landlord intends to refurbish the property substantially
• If the landlord plans to change the business use of the property (for example, convert it to office use)

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I don't think you need a lease to register with RTB, but any disputes may be harder to resolve without a lease. A lease does not need to be fixed term either (afaik).

Meath Lady said:

I am inclined to agree with Bronte but would like other opinions. I have always given my tenants fixed term leases but reading the rtb website I am wondering is there any point. A tenant can end a lease anytime with very little notice. If I dont allow him sublet he can just leave or this is my understanding so is there any real value in drawing up a fixed term lease. Any thoughts. Do you have to have a lease to register with the RTB.

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No you do not need a lease for the RTB.

I wouldn't dream of letting a tenant sublet, they leave, get new tenants in.

And no lease in Irekand is going to stop a tenant leaving. What can you do to them if they do? Go to the RTB, LOL.