Hi - I wonder could you advise me please as to the information contained in the following exerpt from the Residential Tenancies Act 2004. I'm confused as to the phrase "fixed term lease" - I assumed I'd be giving my tenant a year's lease. Would this preclude me from invoking the 'probationary period' clause as spoken of in the legislation? Thanks.
Part 4 Tenancy
One of the major changes introduced on the 1st of September 2004 is the concept of the tenant gaining the right to remain in occupation after a six-month probationary period. After the initial six months, the tenant may remain in occupation for a period up to 3 and a half years. The tenancy becomes known as a Part 4 Tenancy. The landlord may terminate the tenancy during this period on specified grounds only and these are outlined below.
Terminating a Tenancy
Terminating within the first six months.
If a tenancy is terminated within the first six months, not due to any fault on the tenant and there is no fixed-term lease, the landlord must serve notice to quit of at least 28 days. The landlord does not have to provide a reason for terminating the tenancy.
Part 4 Tenancy
One of the major changes introduced on the 1st of September 2004 is the concept of the tenant gaining the right to remain in occupation after a six-month probationary period. After the initial six months, the tenant may remain in occupation for a period up to 3 and a half years. The tenancy becomes known as a Part 4 Tenancy. The landlord may terminate the tenancy during this period on specified grounds only and these are outlined below.
Terminating a Tenancy
Terminating within the first six months.
If a tenancy is terminated within the first six months, not due to any fault on the tenant and there is no fixed-term lease, the landlord must serve notice to quit of at least 28 days. The landlord does not have to provide a reason for terminating the tenancy.