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Now where are we left standing??:(

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  • 16-07-2010 2:44pm
    #1
    lippy88
    Closed Accounts Posts: 82 ✭✭


    A the beginning of June myself and 5 others were looking for a house to rent for college in September!! after viewing over 6 houses we finally agreed on one across from st.pats college in drumcondra! We all paid our months deposit on the house and 2 of the girls signed the lease on the house! Now the auctioneer has got back to us telling us the landlord is ill and wants to sell the house and we must go back up to Dublin scouting for a new house:( I dont know whether this is truth or lies but we are now left in a very awkard position as we must start our search again!!! Is this a stunt being pulled or what is our rights in this case!!? Any help would be appreciated!:)


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    A sale of the premises would certainly be grounds for them to change situation. While it might be difficult for you, there is not much that can be done. You should get any deposit back very quickly.


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    #3
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    It doesn't sound like any sort of stunt, you'd be the exact type of tenants the landlord would be looking for.

    Get every cent back though.

    It's a nuisance but at least it's only mid July and there's plenty of properties out there for rent.


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    #4
    RentDayBlues
    Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    Not so sure on this one, a signed lease normally means the LL cant sell while you are there, but does the lease start from September of the day you signed it?

    Defo worth giving threshold a call as you might be legally allowed to maintain the lease


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    #5
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    RentDayBlues wrote: »
    Defo worth giving threshold a call as you might be legally allowed to maintain the lease

    That would apply when you're resident there. The fact they haven't moved in gives the owner the right to sell without sitting tenants.

    No harm hearing what Threshold have to say though.


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    #6
    RentDayBlues
    Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    But if the lease is dated from the signed date rather than Sept (which is unlikely) its an active lease


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    #7
    Eglinton
    Closed Accounts Posts: 992 ✭✭✭Eglinton


    Paulw wrote: »
    That would apply when you're resident there. The fact they haven't moved in gives the owner the right to sell without sitting tenants.

    No harm hearing what Threshold have to say though.
    RentDayBlues wrote: »
    But if the lease is dated from the signed date rather than Sept (which is unlikely) its an active lease
    RentDayBlues wrote: »
    Not so sure on this one, a signed lease normally means the LL cant sell while you are there, but does the lease start from September of the day you signed it?

    Defo worth giving threshold a call as you might be legally allowed to maintain the lease


    All of this advice is wrong. A landlord may terminate an agreement if they intend on selling the premises within the next three months.

    Just get your deposit back and look for another place. There's no shortage!:cool:


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    #8
    Calina
    Registered Users Posts: 8,219 ✭✭✭Calina


    lippy88 wrote: »
    A the beginning of June myself and 5 others were looking for a house to rent for college in September!! after viewing over 6 houses we finally agreed on one across from st.pats college in drumcondra! We all paid our months deposit on the house and 2 of the girls signed the lease on the house! Now the auctioneer has got back to us telling us the landlord is ill and wants to sell the house and we must go back up to Dublin scouting for a new house:( I dont know whether this is truth or lies but we are now left in a very awkard position as we must start our search again!!! Is this a stunt being pulled or what is our rights in this case!!? Any help would be appreciated!:)

    Call Threshold with a copy of your lease. Also talk to the accommodation officer in your college which, I think, may be in DCU if you are in Saint Pats. If your lease does not have a break clause, you may be in a stronger position. Is it signed by both parties - ie tenants and landlord?

    Typically, landlords cannot break fixed term leases for reason of sale; only Part VI; however, there is some scope for leases to be terminated in the first six months of activity. There is the added issue that you had not taken possession of the property which may confound matters.


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    #9
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    What good would it do going to threshold over this? Would anyone really want to fight someone who is ill and either needs the money from the sale of the house for medical expenses or can't handle dealing with tenants due to illness??

    Where's the compassion here? Aside from compassion having an ill landlord is not good if things need doing in the property.

    OP get your deposit back and look elsewhere, you've loads of time to look around before September comes.


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    #10
    RentDayBlues
    Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    Eglington, where exactly did you get that information from? According the Threshold, a LL cannot terminate a lease if they want to sell

    4. Can the landlord terminate a lease early?
    The landlord can only terminate a lease before its end date if the contract contains a 'break clause' which allows both parties to end the lease prematurely. If there is no break clause, a lease can only be ended if the tenant is in breach of an obligation.
    5. Can the landlord sell the property?
    Unless there is a break clause, the landlord must sell the house with the tenant living there. The new owner is also bound by the lease.


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    #11
    Cookie_Monster
    Registered Users Posts: 24,499 ✭✭✭✭Cookie_Monster


    Point 5 above is a fairly standard clause though, isn't it?


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    #12
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    RentDayBlues wrote: »
    According the Threshold, a LL cannot terminate a lease if they want to sell

    5. Can the landlord sell the property?
    Unless there is a break clause, the landlord must sell the house with the tenant living there. The new owner is also bound by the lease.

    However, as the OP stated, they are currently NOT living there.

    It would be interesting to hear what Threshold have to say, especially since there is no resident tenant.


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