# Renewing Tenancy Agreement



## Kine (5 Nov 2012)

Hi,

My tenant has thankfully agreed to renew their lease for another twelve months. As they are good tenants, I am happy to oblidge but am slightly unsure of what to do - presumably I just issue them a new contract and date ot for the next twelve months. 

My questions is am I missing something obvious on rolling a tenant onto a new 12 month lease or is it as simple as it seems?

Thanks,

K


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## facetious (6 Nov 2012)

Actually, it is the tenant who has the choice of the type of lease  that they want to sign - another Fixed term or a Part 4.

Fixed term leases offer more security for the tenant than a Part 4 tenancy in that the only legal way out of the lease is by assignment (the landlord has no way out of a fixed term unless there is a well worded break clause).

From the tenants point of view, a Part 4 is easy to get out of (just give the required notice in writing) but the disadvantage is that the landlord may also evict the tenant (but only citing one or more of six specific reasons).

If the tenant does not sign a new fixed term lease, he automatically has a Part 4 tenancy under the RTA 2004 laws.

To enter into a new fixed term tenancy agreement, just have the same agreement as before but with the new dates as required (unless you want to have any new clauses in the lease).

I assume that you have done periodic inspections of your property during the current agreement, as permitted under the law, to ensure that all within the property is well and there is no damage nor anything that requires fixing (internally and externally) for which you are liable.

Of course, as it is a new tenancy agreement it must be registered again with the PRTB, where as a Part 4 tenancy may continue for up to 4 years without re-registering.


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## Kine (13 Nov 2012)

Facetious,


Many thanks for the info, you're a fountain of rental knowledge! 


K


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## facetious (14 Nov 2012)

You are welcome.


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## Manuel (14 Nov 2012)

Hi,
Rather than start a new thread, can someone reassure me of something please, on the same subject?

The Revenue have asked me to provide my Lease Agreement(s) for 2011, presumably because my Gross Rent came in a lot lower than the previous year.

Now the reason the rent is so much lower is that the property was "To Let" until Feb. This tenancy lasted from Feb to May (long story). It was then "To Let" again until September, and that tenancy lasted to end of year and beyond.

There was no Lease Agreement in place for either of these tenancies, but I do have the PRTB registration details.

I presume the PRTB documentation will be sufficient for the Taxman?

So, my question is: I don't need a Lease Agreement to be tax-compliant, right?

Many thanks,
/M.


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## oldnick (14 Nov 2012)

You don't need a lease agreement to be tax-compliant.
(You don't even need any written agreement to be compliant with PRTB or any other authority. verbal agreements are still valid legally.)

All Revenue really want is an explanation as to why the rent was much lower than previous year. You are obviously far more of a danger to the Irish economy than the bankers, developers and others earning millions after losing us billions - and so there's some snotty little civil servant wanting you to fully explain this potential vast fraud you may have pulled off.

A letter outlining the history with PRTB forms will suffice.


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## Manuel (14 Nov 2012)

Thanks oldnick.
Quick question: is something like this better done via a letter or in person? Only reason I ask is that I can go in to the Revenue Office in the town (and queue).
I suspect that a letter might be easier though than having a lengthy discussion over the counter ....
/M.


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## oldnick (14 Nov 2012)

they'll want something on record so you'll hagve to write it anyway. And keep a photocopy.
So post it registered.


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## facetious (14 Nov 2012)

facetious said:


> Actually, it is the tenant who has the choice of the type of lease  that they want to sign - another Fixed term or a Part 4. ..............
> 
> *Of course, as it is a new tenancy agreement it must be registered again with the PRTB, where as a Part 4 tenancy may continue for up to 4 years without re-registering.*



Suprised someone hasn't corrected this as I think I am incorrect on this point. 

If the new agreement is with the same tenant/s, they (and the landlord) have acquired Part 4 rights (after the tenancy has lasted 6 months) - thus, the tenancy continues for a total of 4 years. Therefore, as the tenancy continues (but with a new fixed term agreement) there is no need to register the tenancy again until the end of the 4 years (and if the tenancy continues), it will be a Further Part 4 which must be registered.

However, if *all* the tenants leave, then a new tenancy comes into existence and must be registered.


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## oldnick (14 Nov 2012)

Facetious -nobody would correct you as regards the rules of tenancy agreements .


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## facetious (14 Nov 2012)

oldnick said:


> Facetious -nobody would correct you as regards the rules of tenancy agreements .



Thanks, oldnick!  I may be facetious - but not infallible.

(I like the word *facetious* because, as far as I know, it is the only word in the English language that contains all 5 vowels in alphabetical order)


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## oldnick (14 Nov 2012)

Damn you -I've spent ages trying to find another word that proves you wrong.


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