Query re tenancy termination

[Cortino]

If a tenant's 12 months contract expires, say, end of December, and the landlord gives the tenant 120 days notice in 1st August that he wants to sell the house, does the tenant have to go at the end of December, or is he entitled to stay till end of April? In other words, when does the notice of termination kick in? Any replies greatly appreciated...

 

[NoRegretsCoyote]

The notice period begins the day after it is served.

However once a tenant is in place for 6 months they benefit from a "Part 4" tenancy. With this in place the landlord can only terminate on certain grounds (planning to sell is one of them). The landlord must give 90 days notice.

Section 18(2) of the RTA allows more favourable notice terms for the tenant to be agreed. So in theory a tenant could benefit from a protection for the full twelve months if this is what is in the tenancy agreement.

So what does the tenancy agreement say?

 

[Cortino]

Thanks for your reply...yes, I would have thought the same about the notice period beginning the day after it is served. But the reason I asked the question where the answer would seem obvious is because of a query I had with the RTB just the other day.
I spoke with a helpful person there and in the course of the conversation he was quite emphatic in stating that the notice period began at the END of the contract. It didn't make sense to me but because he was so sure about it, I doubted myself and this is why I decided to check with the good people on Askaboutmoney..
I am on good terms with the tenants and I want to be fair to them as well as to myself! So thanks again for your reassurance...

 

[NoRegretsCoyote]

I spoke with a helpful person there and in the course of the conversation he was quite emphatic in stating that the notice period began at the END of the contract

Maybe it does!

What does the contract say?

 

[Cortino]

Maybe it does!

What does the contract say?

There was no discussion about the details of the contract, other than the fact that it was a for a 12 month period, so there wouldn't have been any particular reasoning behind his assertion. He was just talking in general terms. So anyway, I think I'm safe in proceeding on the basis that the notice period kicks in the day after it is served...time will tell!

 

[NoRegretsCoyote]

There was no discussion about the details of the contract, other than the fact that it was a for a 12 month period,

But there could literally be a clause in the contract that says: "The landlord may not serve notice even for specified reasons within the first 12 months of the tenancy" or something like that.

Most standard contracts are for six months because at that period a Part 4 tenancy kicks in so the rest becomes irrelevant.

 

[Cortino]

But there could literally be a clause in the contract that says: "The landlord may not serve notice even for specified reasons within the first 12 months of the tenancy" or something like that.

Most standard contracts are for six months because at that period a Part 4 tenancy kicks in so the rest becomes irrelevant.

No, nothing in the contract to that effect. It is a template of an earlier contract supplied by the letting agent, with a provision added retrospectively: "The landlord and tenant agree to be bound by the provisions as set out by the Residential tenancies Board".

 

[kinnjohn]

By retrospectively do you mean after the tenant signed the agreement,

 

[Sarenco]

@Cortino

Does the letting agreement say anything at all about termination?

A fairly common clause in modern letting agreements would provide that "termination this Tenancy Agreement by the Landlord or Tenant may only be made under the provisions of the Residential Tenancies Act 2004".

But older forms of letting agreements would only allow for early termination for cause (eg. where the tenant is in breach of their obligations to pay rent, etc.).

 

[Cortino]

By retrospectively do you mean after the tenant signed the agreement,

No, this was shown as part of the agreement at the time of signing...

 

[Cortino]

@Cortino

Does the letting agreement say anything at all about termination?

A fairly common clause in modern letting agreements would provide that "termination this Tenancy Agreement by the Landlord or Tenant may only be made under the provisions of the Residential Tenancies Act 2004".

But older forms of letting agreements would only allow for early termination for cause (eg. where the tenant is in breach of their obligations to pay rent, etc.).

Yes, as mentioned above, this RTB clause was part of the contract when signed , over-riding the "simpler" termination procedure.
Thanks, all, for your interest and replies, much appreciated...

 

[bipped]

I'd also like to understand how does the 90 day notice work for a fixed term contract. If the lease is for 1 year say 1/1/21 to 31/12/21 and 90 day notice can't be issued until 1/1/22, then the lease is actually for 15 months and not 1 year. Why cant the notice be issued on 1/9/21 as both landlord and tenant know the lease is due to finish on 31/12/21 so the notice is just a formality.