Part 4 Notice Periods

K

Kine

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Hi,

A quick clarification point on Part 4 agreements. I am aware of teh 6 reasons you can ask a tenant to move out etc, but when exactly is the notice period from? If I want to sell my property, is it the (for example) 30 days before I get the for sale sign up, or when exactly do they get the notice?

Thx
 
The notice period starts when the tenant receives the Notice of Termination.

I am not sure where you got the 30 days from; Part 4 notice periods are 28 days, 35 days, 42, 56, 84 and 112 days.

Obviously, you cannot expect to have viewing of the property while the tenant is in occupation (they are entitled to deny any such request).

Furthermore, most of the six grounds under which a landlord may regain possession of the property have a stipulation that the ground is executed correctly, and if the property is re-let within 6 months, the landlord is in breach of the ground specified in the Notice of Termination.
 
Hi,

30 days was a random number I threw in to give an illustrative example as I was asking the question without the official notice periods to hand.

But I think you answered my question. I will basically need to give them notice before I put it up for sale and have it for sale tenant-less? As soon as they move out the viewings can start? Presumably if they haven't found somewhere to live in teh period and request to stay there a little longer (assuming the house hasnt sold ofc) there are no implications ehre as long as I get their agreement in writing to maintain the property in a presentable condition and they agree to viewing times once given sufficient notice?

Thx again,

K
 
You may put the property on the market even while there are tenants occupying the place. However, as I said earlier, they do not have to allow viewings.

You may find that a purchaser would be happy to buy the property as an investment and keep the tenants.

Once you have served a valid Notice of Termination, the tenants must move out by the specified time. If they do not vacate, they will be over-holding and you would then have to go to the PRTB to confirm that they must vacate.

Even if the tenants are over-holding, unfortunately you would be in breach of your landlord's obligations with any written agreement to permit viewings could be classed as illegal and impinging on the rights of the tenant to the peaceful and exclusive use of the property given them in the RTA 2004.
 
Ahhh. Nothing about being a landlord is ever easy is it?! So, I have two choices really:

1) Put it up for sale with tenants in situ and hopefully have them cooperative with the process (I have an OK relationship as have sorted any issues they have had asap). Once I get an offer give them their notice (assuming a non-investor buying) and have the closing date soon after they depart.

2) Give them their notice and sell vacant.

Thanks for the input, much appreciated.
 
That's about it. However, remember that the selling /purchasing process takes a minimum of 2-3 months (if you are lucky) once the purchaser's offer has been accepted.

You may well be into six months or more before the sale goes "agreed".

OK relationships are great until something happens that the other party doesn't want - like having to move out of their home.

Once the tenants know that the property is for sale, they may make a move themselves in finding a new abode.
 
Facetious,

Many thanks for the input much appreciated. I will most likely ge the property vacant before I put it on the market as there is less hassle this way and I know it is always guaranteed to look prestine then!

As an aside, I have a friend who is in a similar position of needing to move back into their rented out property - they have a fixed term lease as opposed to a Part 4 tenancy. I have looked at citizen info but it is not 100% clear, do you have to wait until the end of the fixed term (assuming no break clause) in these situations

Thx again,

K
 
Yes, the lease must be allowed run its course unless there is some provision to break it.

Also, there is nothing to stop the tenant availing of their Part 4 rights (assuming the tenancy has existed 6 months) upon expiration of the lease (they should inform the LL of this between 1-3 months before the end of the lease agreement), meaning the wait could potentially be the lease + the necessary notice period under Part 4.
 
Ah ok, so assuming the tenant is in a second or third 1 yr lease (i.e. a new lease signed when the old one expired) there is no scope for Part 4 rights from the tenant's point of view, and if there is no break clause then the landlord will need to wait until the expiry of the lease. In this case the lease expires 3 odd months from now so I don't think the landlord notice period will be too tight if they are informed now.

If the landlord informs the tenant now and the tenant says they can move out earlier, my understanding of the ACt is that this is OK as well and doesn't cause any issues?
 
I am not sure I fully follow your first sentence, but if there is a fixed term lease signed with no break clauses then both parties are bound to the lease. The tenant has a mechanism whereby they can assign the remainder of the lease to someone else (refusal means they can serve notice of termination), but the landlord has nothing similar. So in this case the notice periods of 28/35/42 days etc are of no relevance as long as the fixed term lease is in effect.

There is nothing to stop the landlord and tenant mutually agreeing to dissolve the tenancy, either before or after the lease expires.
 
A Fixed Term lease is, as it says on the label - for a fixed term. A landlord cannot break the contract unless the tenant is in breach of their obligations or there is a suitable break clause.

Tenants, on the other hand, are allowed to assign a lease and thus break it legally.

It must also be remembered that once a tenant has been in occupancy of the property for six months, they are entitled to remain for a total of 4 years without signing a new lease.

A landlord may only use the grounds provided for in the RTA 2004 when the lease becomes a Part 4 tenancy. However, there is a difference of opinion as to whether a valid Notice of Termination may be served on the tenants during a fixed term lease.

That is to say, if a landlord serves a NoT six weeks prior to the expiry of the fixed term, giving notice of 35 days which expire at the same time as the fixed term (or even a days or two after the fixed term expires, is it legally valid as the Notice was served during the Fixed term?

Some say yes it is valid and other say it is not valid and a landlord must wait until the fixed term expires and enters into a Part 4 tenancy before the Notice is valid.

IMHO, it is valid to serve a NoT during a fixed term lease for several reasons:
1. after six months Part 4 rights become effective but precedence is given to a fixed term agreement as it is more secure than just a Part 4.
2. A NoT may be served during a Part 4 tenancy which will expire after the Part 4 tenancy has become a Further Part 4 - that is a notice served (with 112 days notice) six weeks before the Part 4 expires (i.e. six weeks before the the end of the 4th year. The RTA 2004 rules that the Notice does not expire at the end of the Part 4 tenancy but must continue into the Further Part 4 tenancy, until the 112 days have expired.
 
bugler said:
I am not sure I fully follow your first sentence, but if there is a fixed term lease signed with no break clauses then both parties are bound to the lease. The tenant has a mechanism whereby they can assign the remainder of the lease to someone else (refusal means they can serve notice of termination), but the landlord has nothing similar. So in this case the notice periods of 28/35/42 days etc are of no relevance as long as the fixed term lease is in effect.

There is nothing to stop the landlord and tenant mutually agreeing to dissolve the tenancy, either before or after the lease expires.
Click to expand...
Are you of the opinion that a valid NoT may be served during a fixed term agreement which expires after the fixed term ends?

From my understanding of your post, you are one of the people who say a landlord must wait until the fixed term expires before a valid NoT may be served.
 
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