“Part 4 Tenancy”
If you live in a residential property for more than six months, a “Part 4 Tenancy” occurs. This entitles you to remain in the property for a further set period. As and from 24th December 2016, a Part 4 Tenancy has been increased from four to six years.
Essentially, if your tenancy commenced before 24th December 2016 and the six month probationary period is completed, you are entitled to remain in the property for a further three and a half years.
If your tenancy began after 24th December 2016, you will be entitled to remain in the property for a period of five and a half years after the initial six month probationary period.
What happens when the Part 4 Tenancy ends?
A “Further Part 4 Tenancy” begins once the initial “Part 4 Tenancy” has finished. Since 24th December 2016, all Further Part 4 Tenancies last for six years. This six year cycle will apply to any subsequent Further Part 4 Tenancies also.
What happens if I have a lease for a fixed period?
A Part 4 Tenancy will run alongside a fixed term tenancy. Accordingly, after the initial probationary period of six months, you are entitled to the provisions of a Part 4 Tenancy regardless of the length of the fixed term lease. You should notify your landlord of your intention to stay in the property.
Can a Landlord end a tenancy?
During the probationary six month period, a landlord can end a tenancy without giving a reason.
After the six month period, the landlord must give a reason as to why the tenancy is ending. The grounds for terminating a tenancy are set out in law as follows:
1. The tenant has breached their responsibilities.
2. The property is not suited to the tenant’s needs.
3. The landlord requires the property for personal or family use.
4. The landlord wants to sell the property.
5. Significant refurbishment of the property is being undertaken.
6. The use of the property is changing.
Can a Landlord stop a Further Part 4 Tenancy arising?
Yes, if they serve a notice during the original Part 4 Tenancy, with the notice period expiring on or after the end of the tenancy. While it is best practice for the landlord to provide a reason for termination, the reason does not have to be one of the valid grounds in the paragraph above.
Timing is the key to security of tenure!