Has a tenant tried to put you in your place by telling you that he wants to exercise his right to a part 4 tenancy just a few days before the fixed term of the tenancy is due to come to an end, or even after the end of the term of the lease?
Did you know that under s.195 of the Residential Tenancies Act 2004 there is a positive obligation on a tenant to notify a landlord that he is exercising his right to a part 4 tenancy? The section sets out that the tenant who has been living in a property for 6 months must notify the landlord of the intention to exercise a Part 4 not later than 1 month before the expiration of the tenancy. So the next time a tenant tells you he’s going to exercise his part 4 right, make sure he has given you the requisite notice period. If he doesn’t and you suffer damage as a result (for example, you had arranged to re-let the property), then your tenant will be liable to you for those damages.
This document contains a general summary of recent developments and is not a definitive statement of the law. Specific legal advice must be obtained before taking action based on the summary set out herein and landlordsolutions.ie take no responsibility for any loss or damage caused in reliance of the information herein.
