What Is A Tenancy?
A tenancy is a legal interest in land/property for a period of time. A tenancy agreement is the contract between the Landlord and the Tenant.
The Residential Tenancies Act 2004 as amended defines a tenancy as follows: –
“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated.”
What Is The Duration Of A Tenancy?
A tenancy under the Act is for a four-year period or a six-year period. Tenancies can continue into further tenancies after the initial four-year/six-year period has ended. A property owner must serve a notice of termination to prevent it rolling into another tenancy (should they wish) prior to the end of the previous tenancy. The notice of termination served must contain items laid down in the Residential Tenancies Act 2004 as amended. There is a proforma notice that can be used, which IPOA can provide.
- Any tenancy that commenced before the 24th December 2016 is for four years.
For Example: A tenancy that commenced in September 2015 may be terminated in September 2019.
- Any tenancy that commenced after 24th December 2016 is for 6 years.
For Example: A tenancy that commenced in September 2018 may be terminated in September 2024.
If a tenancy commenced in Jan 2005, further tenancies, commenced in 2009, 2013 and 2017 and may be terminated in 2023.
Do Tenancies Have A Probationary Period?
The first six months of a new periodic tenancy (tenant not already in occupation) is a probationary period. Notice of termination can be served during this period. The probationary period also applies in a fixed term tenancy where there is a clause contained in the lease agreement featuring this right. The IPOA letting contract, available to members on the website contains the relevant clause.
What Is A Periodic Tenancy?
A periodic tenancy is a tenancy that runs from month to month. After a period of 6 months and as in the normal course, a tenant becomes entitled to the provisions of a ‘Part 4’ tenancy (i.e. they can stay in the property for 4 or 6 years).
What is A Fixed Term Tenancy?
A fixed term tenancy is a tenancy that lasts for a specific period of time. A ‘Part 4’ tenancy runs in conjunction with a fixed term tenancy, which means the tenant shall, after a period of 6 months and as in the normal course, become entitled to the provisions of a ‘Part 4’ tenancy (i.e. they can stay in the property for 4 or 6 years). This simply means that irrespective of the length of the fixed term-lease, a tenant has an entitlement to remain in the dwelling for up to 4 or 6 years and the landlord can only terminate the tenancy on limited grounds.
These grounds are: –
– Breach of Obligation
– Unsuitable for tenants needs (bed-spaces)
– Intention to sell within 9 months of notice of termination
– Required for landlord’s own or family use
– Substantial Refurbishment
– Change of use of the dwelling
Notice of terminations cannot be served during the emergency Period. They cannot be affected during the emergency period unless a notice of termination was issued before the emergency period took affect and the RTB issued a Determination Order supporting the termination of the tenancy for breach of tenant obligations.
What Is A Further Part 4 Tenancy?
A ‘further Part 4 tenancy’ begins once the initial ‘Part 4 tenancy’ has concluded. From the 24th December 2016, when a ‘further Part 4 tenancy’ commences, it lasts for 6 years for all tenancies
If a landlord wishes to prevent a Further Part 4 tenancy coming into existence, they may serve a notice during the Part 4 tenancy with the notice period given to the tenant expiring on or after the end of the existing tenancy. A notice served in this way should provide a reason for termination, but the reason does not need to be one of the grounds set out above.
A further Part 4 tenancy can also be terminated on the grounds mentioned above, assuming a fixed term lease is not in place.
Notice of Terminations are available from the IPOA.