Security of tenure
If you have been renting for at least 6 months and haven't been given a written notice of termination, you automatically acquire some security of tenure called a 'Part 4 Tenancy'.
In the absence of a fixed term agreement, your Part 4 tenancy can only be ended on specific grounds set out in the Residential Tenancies Act and the longer you are in the tenancy the more notice that you have to be given.
From 24th December 2016 all new Part 4 and further Part 4 tenancies have been extended from 4 to 6-year cycles.
Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease and wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed-term tenancy or lease agreement. You may download the template opposite to do this. If you fail to do this, you do not lose your right to a Part 4 tenancy but you may have to compensate the landlord for any financial loss incurred because you did not notify them of your intention to remain in the tenancy.
Once your lease expires there is no obligation on you to sign another lease.
Further Part 4 Tenancies
If you remain in your tenancy for the full period of your Part 4 tenancy, another cycle automatically begins called a 'Further Part 4 tenancy'. For any new Part 4 and Further Part 4 Tenancies that come into existence from 24th December 2016 the cycle has been extended from 4 to 6 years. In the absence of a fixed term agreement, the landlord can only end your Further Part 4 tenancy on one of the six specific grounds.
Exceptions to Part 4 Tenancy
There are some exceptions to claiming security of tenure through a Part 4 tenancy:
- A dwelling that is one of 2 within a building which was originally one and the landlord resides in the other. Must notify tenant of this in writing.
- Section 50 student accommodation
- Accommodation tied to the tenant's job.
Section 34(b) enables a landlord to give notice with no reason where you are coming to the end of your Part 4 or Further Part 4 Tenancy to expire on or after the end of the cycle. Threshold has lobbied for this to be removed as it goes against security of tenure provisions.
What to do
- If you are unsure as to whether you have a part 4 tenancy or not contact your nearest Threshold office.
- If you have a lease and wish to notify the landlord of your intention to stay on used the template provided.