Tenant Lease up and renewing lease

Hi simple questions,

My tenants 12 month lease has just passed, they dont want to sign any new lease.

Am I within my right to give them 42 day notice because they wont renew a lease?

I know I am within my right to increase rent within reason and in accordance to market value, this would actually increase rent by about 10% as I reduced rent 12 months ago as I was feeling generous.

thank you in advance

You have absolutely no right to evict your tenants because they won't sign a new lease. Damages awarded to tenants for illegal eviction are usually either 4 or 5 figure sums - excluding cents!

Once a tenant has been living in a property for six months, the automatically acquire the right to remain in the property for a total of 4 years without signing a new lease.

However, the type of tenancy that they now have is called a Part 4 tenancy and it is not as secure as having a fixed term lease because the landlord has 6 options or grounds on which he may terminate a Part 4 tenancy, whereas, with a fixed term lease, the landlord may only terminate if the tenant is in breach of the terms and conditions of the lease or there is a suitable break clause.

It is the tenants' choice to decide if they want to remain on a Part 4 tenancy for to go for another more secure Fixed Term lease.

I respectfully suggest that you google "Residential Tenancies Act 2004" and download a copy (available in pdf format, and read section 34, "grounds for termination of a Part 4 tenancy". Also available on the PRTB website (last time I looked).

Sections 19 to 24 cover rent reviews.

I assume that you have the tenancy registered with the PRTB.

goose said:

I know I am within my right to increase rent within reason and in accordance to market value, this would actually increase rent by about 10% as I reduced rent 12 months ago as I was feeling generous.

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You have the right to increase rent in accordance with market value and not according to within reason.

Have you had good tenants for the last 12 months and are there any issues with the house?

If the answer is positive I suggest you forget about a new lease and rent increase and be happy you've got good tenant's.

thank you for your response. I am not in the business of evicting people; I just wanted to know my entitlements. As a Landlord I feel in a better position when tenants have a fixed term agreement. I understand now they dont need to renew the lease but must provide at least 42 days notice.

Yes tenants are register with PRTB.