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Security of tenure

If you have been renting for at least 6 months and have not been served a written notice of termination of tenancy then you automatically acquire security of tenure. This is referred to as a 'Part 4 Tenancy', named after Part 4 of the Residential Tenancies Act 2004 to 2019. Once you are in a ‘Part 4 Tenancy’ you can only be given notice to termination your tenancy for specific reasons, outlined in Threshold advice document 'How your landlord may end your tenancy'.

If you do not have a fixed term agreement your ‘Part 4 Tenancy or 'Further Part 4 Tenancy’ can only be ended on specific grounds, set out in the Residential Tenancies Act 2004 to 2019 and outlined in Threshold advice document 'How your landlord may end your tenancy'. The longer you are in a tenancy, the longer your notice period entitlement. From 24th December 2016 all new ‘Part 4 Tenancies’ and further ‘Part 4 Tenancies’ have been extended, from 4-year, to 6-year cycles.

Claiming a Part 4 tenancy at the end of a fixed term agreement

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, not more than 3 months and not less than 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 so, 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.

Leases

Once your lease expires there is no obligation on you to sign another lease. For further information on leases, click here

 

 Further Part 4 Tenancies

If you remain in your tenancy for the full period of your ‘Part 4 Tenancy’, another tenancy cycle automatically begins called a 'Further Part 4 tenancy'. For any new ‘Part 4 Tenancies’ 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 six specific grounds, see Threshold advice document; How your landlord may end your tenancy for further information.

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 dwellings, within a building that was originally one dwelling; where the tenant resides in one dwelling and the landlord resides in the other. The landlord must notify the tenant of this exemption in writing, at the commencement of the tenancy in order for it to be enforceable. - Section 50 student accommodation - Accommodation tied to the tenant's job.

Section 34(b) enables a landlord to give notice with no reason where the tenant is coming to the end of a ‘Part 4 Tenancy’ or ‘Further Part 4 Tenancy’. The notice must 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 in the tenancy, use the template provided.