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House i'm renting for sale..

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  • 10-08-2010 6:21pm
    #1
    inode
    Closed Accounts Posts: 578 ✭✭✭


    i got a phone call from a mate about an hour ago to tell me the house i have been renting for the last 3 years this September is up for sale on daft.ie

    We have been getting 6 month leases with people moving in and out and our latest lease just ran out there today but was talking to the landlord last month about staying to January as we are moving to Canada for a year so will be moving out then, he said that was fine.

    The landlord has not informed us of the property being for sale(its a letting agency).

    Do we have any rights in terms of people coming in to view the house/being put out on the streets...:confused:


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    #2
    zuroph
    Registered Users Posts: 11,097 ✭✭✭✭zuroph


    Have a chat with your landlord about it, he's entitled to sell his house. He may just be sussing out interest for now.


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    #3
    lube5150
    Closed Accounts Posts: 36 ✭lube5150


    Ah dont worry about it,again the two buyers out there get around to veiwing your house,you'll haved moved,


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    #4
    inode
    Closed Accounts Posts: 578 ✭✭✭inode


    of course he has the right to sell it and understand that.
    he owned the house attached to us and put that up for sale as no one was renting it and got it sold within two months.

    the add says:
    Presently tenanted, the property would benefit from some minor redecoration and this is reflected in the realistic asking price. Your early appointment to view is strongly recommended. (Available with or without tenants)

    i dont want to be paying rent in a house where i'll have people coming to view it whenever they please, i like my privacy.

    will be taking a run down to the landlords in the morning to see what the craic is.


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    #5
    muletide
    Registered Users Posts: 1,506 ✭✭✭muletide


    Seems a little overpriced for Letterkenny (especially as there are so many properties for sale in the town) So I would think you won't have to move any time soon.

    Anyway your notice period would be quiet substantial having lived there for 3 years


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    #6
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    inode wrote: »
    i dont want to be paying rent in a house where i'll have people coming to view it whenever they please, i like my privacy
    Whilst you pay rent, anyone coming in uninvited will be trespassing. If the landlord wants people to view the house, he must clear the dates with you first, to ensure that you're not on the couch butt naked watching hardcore porn, with loud techno music pumping some bass :pac:


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    #7
    Dymo
    Registered Users Posts: 1,561 ✭✭✭Dymo


    Banks are making people put there rental houses up for sale especially people on interest only mortgages and unless they do they won't be granted an extension of their interest free mortgage. I'm guessing no Estate agent was around to measure up, and this could only be a show to the bank that their making an effort to sell with no intention to sell realistically as a they have a tenant paying rent.


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    #8
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    One or two properties we were interested in recently were also for sale; we were told that we would have to be prepared to let folk in to view at 24 hours notice AND leave if a sale happened....


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    #9
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Graces7 wrote: »
    we were told that we would have to be prepared to let folk in to view at 24 hours notice
    Well, no. Pretty sure the PTRB states that they have arrange a time that suits you, as whilst you pay rent, it's "your" house, and they can't come in willy nilly. If they do, tell them you'll ring the Gardai. That'll look lovely for any prospective buyer :D
    Graces7 wrote: »
    leave if a sale happened....
    The notice depends on how long you've lived there. The longer you've been there, the longer notice they have to give you. But yes, you'll have to move.


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    #10
    wench
    Registered Users Posts: 1,644 ✭✭✭wench


    the_syco wrote: »
    But yes, you'll have to move.
    Unless you've got a fixed term lease, and then you don't. The new owner becomes your landlord, but they have to honour your lease.


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    #11
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    wench wrote: »
    Unless you've got a fixed term lease, and then you don't. The new owner becomes your landlord, but they have to honour your lease.

    That is interesting; even if the fact and conditions of projected sale are in the lease? Is that not akin to a break clause in a lease? The lease was for a year I think


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    #12
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    wench wrote: »
    Unless you've got a fixed term lease, and then you don't. The new owner becomes your landlord, but they have to honour your lease.
    http://www.threshold.ie/page.asp?menu=96&page=240
    The landlord can terminate the tenancy without reason during the initial six months but once the tenancy has lasted six months, the landlord will only be able to end it on specific grounds. Acceptable grounds include the tenant not complying with their obligations (e.g. not paying their rent), the landlord intending to sell the dwelling
    Seems that the landlord can terminate teh tenancy if they want. They'll have to give you 35 days notice if you've been there between 6 and 12 months.

    If the tenancy was rent controlled, or has lasted twenty years, then it's not so straight forward.


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    #13
    wench
    Registered Users Posts: 1,644 ✭✭✭wench


    the_syco wrote: »
    http://www.threshold.ie/page.asp?menu=96&page=240

    Seems that the landlord can terminate teh tenancy if they want. They'll have to give you 35 days notice if you've been there between 6 and 12 months.

    No, they can't. From your own link:
    Leases for fixed Periods

    A formal lease or letting agreement is usually for a fixed period (e.g. a year). You cannot be asked to leave during that time unless you are in rent arrears or in breach of your tenancy obligations.
    From the PRTB
    A landlord can only terminate a fixed term tenancy where there the tenant has been in breach of his or her obligations. Accordingly, a landlord cannot rely on the provisions of Section 34, to terminate a fixed term tenancy during the fixed term.
    http://www.prtb.ie/DownloadDocs/Termination%20of%20FT.pdf


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    #14
    wench
    Registered Users Posts: 1,644 ✭✭✭wench


    Graces7 wrote: »
    That is interesting; even if the fact and conditions of projected sale are in the lease? Is that not akin to a break clause in a lease? The lease was for a year I think

    Firstly, no clause in a lease can reduce your rights under the Act, it can only increase them. Even if you sign it with them in there, they cannot be enforced.

    The 24 hr notice is probably on shakey ground, as it erodes your right to quiet enjoyment of the property. The landlord can only enter with your agreement, and I'm not sure you can give your blanket agreement in the lease.

    If there is a clause to break the lease in event of a sale, you would revert to a part 4 tenancy. As that does allow for termination of the tenancy in event of sale, then you probably would have to leave.


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    #15
    mathie
    Registered Users Posts: 5,102 ✭✭✭mathie


    Dymo wrote: »
    Banks are making people put there rental houses up for sale especially people on interest only mortgages and unless they do they won't be granted an extension of their interest free mortgage.

    I'm sorry .... what?!


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    #16
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    wench wrote: »
    From the PRTB
    http://www.prtb.ie/DownloadDocs/Termination%20of%20FT.pdf
    Ah, cool. Didn't know that. OP will need to see if they have a fixed lease, though.


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    #17
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    wench wrote: »
    Firstly, no clause in a lease can reduce your rights under the Act, it can only increase them. Even if you sign it with them in there, they cannot be enforced.

    The 24 hr notice is probably on shakey ground, as it erodes your right to quiet enjoyment of the property. The landlord can only enter with your agreement, and I'm not sure you can give your blanket agreement in the lease.

    If there is a clause to break the lease in event of a sale, you would revert to a part 4 tenancy. As that does allow for termination of the tenancy in event of sale, then you probably would have to leave.

    That is interesting; thank you... The agent sounded very definite about it all.

    And it is the same as the situation we are in here with the threat of illegal eviction... The landlord has no idea re the law so truly thinks he can just give notice regardless of a long lease.( that is with PTRB for adjudication by the way... thanks to Threshold)


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    #18
    Dymo
    Registered Users Posts: 1,561 ✭✭✭Dymo


    mathie wrote: »
    I'm sorry .... what?!

    Yes, people bought house's and the first 3 years of the mortgage were interest only then they have to start paying the principle after the 3 years has passed, now things have changed and rents have dropped they can't afford principle and interest so the banks are telling people to sell the property(In this market!) where as they can still afford the interest only repayment but to get that must be seen to be trying to sell them.

    The person I know had to get the property valued by a valuer and put an add up on daft and the bank manager checked the add! before they granted interest only for 6 months and then maybe they have to go through the same thing again. To me it seems there getting so greedy they'd prefer some one defaulting than paying the interest only. AIB bank

    This person has no intention of selling but it is up on daft for sale so maybe similar circumstances for the OP


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