Security of Tenure

Recent changes to the legislation aim to move the rental sector towards a situation where longer term tenancies are more common

Tenancies commencing before 24th December 2016

For tenancies that began before the 24th of December 2016, after a 6 month probationary period, the tenant secures the right to remain in the property for a further 3 1/2 years. This is known as a ‘Part 4 tenancy’.

Tenancies commencing after the 24th December 2016

For tenancies that began after the 24th of December 2016, security of tenure has increased, and after a 6 month probationary period, the tenant secures the right to remain in the property for a further 5 1/2 years.

Further Part 4 tenancies

A ‘further Part 4 tenancy’ begins once the initial ‘Part 4 tenancy’ has finished. From the 24th December 2016, when a ‘further Part 4 tenancy’ commences, it lasts for 6 years for all tenancies

This also applies to tenants in Approved Housing Bodies.

Fixed term tenancies

A fixed term tenancy is a tenancy that lasts for a specific amount of time. A ‘Part 4’ tenancy runs alongside a fixed term tenancy, which means the tenant shall, after a period of 6 months and as in the normal course, become entitled to the provisions of a ‘Part 4’ tenancy (i.e. they can stay in the property for 6 years). This simply means that irrespective of the length of the fixed term lease, a tenant has an entitlement to remain in the dwelling for up to 6 years and the landlord can only terminate the tenancy on limited grounds  See here for grounds on which a landlord can end a tenancy.