land lord and tenancy determination

Question 1

Tenant-landlord relationships can be determined in a lot of ways.

Answer 1

A. Expiry
b. notice to quit.

Question 2

expiry:

Answer 2

Obviously, a tenancy ends when it expires, like at the end of its term.
In such cases, you don’t need a notice to quit. It is not uncommon in Ireland to find leases for lives, where the tenancy ends at a future date, that is, when a last life is dropped.

Question 3

The renter should also remember that, even in the case of a fixed-term tenancy, a special clause may permit the landlord, and possibly the tenant as well, to determine the tenancy before the fixed term has ended, otherwise known as a

Answer 3

The renter should also remember that, even in the case of a fixed-term tenancy, a special clause may permit the landlord, and possibly the tenant as well, to determine the tenancy before the fixed term has ended, otherwise known as a ‘break option’.

Question 4

A ……. clause will usually be included in a tenancy agreement to allow the landlord to terminate the tenancy prematurely if the tenant fails to comply with a covenant or agreement.

Answer 4

re-entry or forfeiture clause

Question 5

Re-entry rights are now almost always enforced

Answer 5

by a possession action.

Question 6

B. Notice to Quit

Answer 6

Periodic tenancies, such as weekly or monthly tenancies, are usually determined by a notice to quit.

A tenancy at will or at sufferance may also be governed by this provision, but it is not necessary in this situation.

Question 7

sub tenancies and notice to quit

Answer 7

A notice to quit doesn’t terminate any subtenancies like a surrender 495, 496 and the Law Reform Commission recommends that subtenants in such cases at least get the right to ask for relief, just like if the head lease got forfeited.

Question 8

It takes a lot of formalities for a notice to quit to be valid.

Answer 8

1. Form
2. contents.
3. service.
4. Waiver.

Question 9

1. form:

Answer 9

So far as agricultural and pastoral holdings are concerned, and note that these are rare in Ireland today, a landlord’s notice to quit must be printed or in writing, signed by the landlord or his lawfully authorised agent, and duly stamped.

You don’t need to write anything about other holdings or tenancies unless the agreement says so. If a particular form of writing is required, this must be followed strictly.

Question 10

1!: form

Answer 10

Apart from the landlord, a notice to quit may be signed by the landlord’s authorised agent, but not by a rent collector.

It’s okay for one joint tenant to give notice without the consent of the other, as well as a mortgagor in possession or a receiver named by the court.

Question 11

2. Contents

Answer 11

It’s generally a good idea to put a clear indication that you’re going to intend to end the tenancy in the notice. This can be implied by a higher rent demand, which can be thought of as a new tenancy offer.

The parties may specify in the original tenancy agreement the length of notice required, though it has been quite common for them to contract that no notice will be given so long as the rent is paid.