Tenants refusing to sign a term lease

S

stella

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Hi,

last year I rent my propery with 12 months term contract and the tenants have sent me a letter to say that they intend to stay in the property. The letting agency sent them a new lease agreement for 12 months, which they don't want to sign.

What can I do? I want to have the option to go back to the property if I need to.

Kind Regards
Stella
 
Doesn't no lease meant they go Part IV automatically and therefore you have more legal protection, if you decide to move back in?
 
Just wonder why you need a lease at all. What actual difference will it make that is not covered already by the law.
 
Because I am living abroad and I might come back and would like to have the option to be back in my house.
 
stella said:
Because I am living abroad and I might come back and would like to have the option to be back in my house.
Click to expand...

I too live abroad and have tenants and no leases. What exact difference do you see with a lease? You have as far as I can tell the right back into the house under the relevant legislation, you cannot change the tenants rights to security of tenure with a lease.

Perhaps you think that you can put in a clause that says they have to leave? But they will still have the legislation on their side.

Of course in reality neither leases nor laws will help you get back into the propery if the tenant decides otherwise. If you've good tenants who want to stay on, then I would suggest you are in a fortunate position. Did you see what tenants did to a property in Cork recently. ( they used bin backs for excrement)

Do you know why the tenants don't want to sign your lease? There must be something in it they don't like. Are you registered with the PRTB?
 
The tenants don't have to sign a new lease as they acquired Part IV tenancy rights after 6 months. They can stay for up to 4 years unless the tenancy is terminated by either party within the rules and the required notice is given. All other terms of the original lease still apply.

Also, if you want to move back in this is provided for in the Private Residential Tenancies Act. All you need to do is give the required notice if you or a family member wish to move in to the house. See point 4 here - [broken link removed]
 
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