House we're renting has been sold

slowmoe

Have only been told that we will be let know when we have to leave by. Signed a new 1 year lease about 3 months ago. What are our rights? Thanks!

amdublin

Had you known it was up for sale?

Pandora2

Call the PRTB asap...they will advise you of your rights as a sitting tenant.

Paulw

slowmoe wrote: »

Signed a new 1 year lease about 3 months ago. What are our rights? Thanks!

You have a 1 year lease. You should contact Threshold as soon as you can, to find your exact rights, but I believe that they must give you proper notice to leave (which should be in your lease contract).

vicwatson

Section 34 or 35 of the Landlord and Tenant act 2004 states that the landlord can break the lease if they are selling the property BUT you are entitled to proper notice regardless.

slowmoe

what would the notice period be? the lease has been in same flatmates name for 5 years. did not know it was for sale

vicwatson

16 weeks or 112 days for over 4 years (since Sept 2008)

More info here -

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Section 34 here (page 33) is what you need -

http://www.oireachtas.ie/documents/bills28/acts/2004/a2704.pdf

sophia25

Section 34 of RTA allows notice to be given to Part 4 tenants in the event of sale of property. However, this is not applicable during a lease, this is the only reason a tenant should consider signing a lease once they have acquired Part 4 rights. Section 58 of RTA prohibits notice to be given during a fixed term contract (lease) unless there is a specific break clause in the lease. If there is no break clause in the lease the landlord is entitled to sell property but he has two options, sell property with a sitting tenant or buy out the lease.

quozl

vicwatson wrote: »

Section 34 or 35 of the Landlord and Tenant act 2004 states that the landlord can break the lease if they are selling the property BUT you are entitled to proper notice regardless.

You're confusing a fixed term and a part 4 lease, so that's incorrect. Unless the fixed term has a break clause (unlikely), the leaseholder is entitled to stay until their fixed term lease expires.

Proper explanation here - http://www.boards.ie/vbulletin/showthread.php?t=2056099064

Pandora2

Irrespective of your knowledge of the property being sold...I would suspect that you have not formally been given "notice" as yet.

When you are informed in writing, then you are "On Notice" .........Clock isn't ticking just yet imo;) Check it out with PRTB.

All the best:)

RentDayBlues

If you have a signed lease you are entitled to stay until the end of the lease - that's the benefit

They cant just give you notice

Mister Dread

You could offer to leave if the landlord compensates you.

He can sell with a sitting tenant but it's unlikely. You have no obligation to facilitate viewings and make this clear to the landlord.

RentDayBlues

RentDayBlues wrote: »

If you have a signed lease you are entitled to stay until the end of the lease - that's the benefit

They cant just give you notice

Incorrect, they can give you notice if they are selling it or want to move back in themselves.

Mister Dread wrote: »

You could offer to leave if the landlord compensates you.

He can sell with a sitting tenant but it's unlikely. You have no obligation to facilitate viewings and make this clear to the landlord.

Well it seems the property has been sold already according to the OP.

Mister Dread

Seriously, people should be banned for mixing up part fours and fixed term leases. This forum is ruined with bad advice. The op can stay till the end of the lease.

subway

It's a fixed term lease. Unless theres a break clause they are both in it for he 12 months

edanto

I would worry more about your options than your rights.

You might be better off if you work with your landlord. It's got to be hard enough to sell a house in this market and it would be a bit mean to stand in the way of it.

You could always tell your landlord that you don't want to leave at all, and it will be a big inconvenience. Get them to give you a rent-free period (6-8weeks) to compensate.

In the scheme of things, 2 months rent isn't a huge amount of money compared to the sale value and they might be happy to give up the amount of rent in return for a certain date by which you will vacate.

Victor

RoverJames wrote: »

Incorrect, they can give you notice if they are selling it or want to move back in themselves.

I don't think so, that only applies to a Part 4 lease.

slowmoe

slowmoe wrote: »

Have only been told that we will be let know when we have to leave by. Signed a new 1 year lease about 3 months ago. What are our rights? Thanks!

Is there not a mention in your lease about a months notice?
Also were you in the house prior to signing this 12 month lease, ie did you have a lease on it before. How long have you been in the house?

Mister Dread wrote: »

Seriously, people should be banned for mixing up part fours and fixed term leases. This forum is ruined with bad advice. The op can stay till the end of the lease.

Banned? :rolleyes:
You'd be banned yourself I reckon, stay till the end of the lease, nope, not if they are selling the property.

Mister Dread

Why post if you don't know what you are talking about?

vicwatson

You're confusing a fixed term and a part 4 lease, so that's incorrect. Unless the fixed term has a break clause (unlikely), the leaseholder is entitled to stay until their fixed term lease expires.

Surely it is a part 4 tenancy as they are there over 4 years, and there are certain circumstances in which the property owner can break the lease as I've already described so....I am right and the information I gave is correct.

sophia25

vicwatson wrote: »

Surely it is a part 4 tenancy as they are there over 4 years, and there are certain circumstances in which the property owner can break the lease as I've already described so....I am right and the information I gave is correct.

I have said this already but section 34 of RTA is not applicable during a fixed term lease. Under section 58 of the Residential Tenancies Act a fixed term can not be broken if there is no break clause.

beeno67

vicwatson wrote: »

Surely it is a part 4 tenancy as they are there over 4 years, and there are certain circumstances in which the property owner can break the lease as I've already described so....I am right and the information I gave is correct.

No I am afraid you are wrong

Victor

sophia25 wrote: »

I have said this already but section 34 of RTA is not applicable during a fixed term lease. Under section 58 of the Residential Tenancies Act a fixed term can not be broken if there is no break clause.

It can be broken - but only with the agreement of both/all parties.

sophia25

Victor wrote: »

It can be broken - but only with the agreement of both/all parties.

Well now I thought it was a given that we all knew an agreement could be broken if all parties agreed to do so :rolleyes:

slowmoe

There are 3 tenants in the house, the lease has been in one tenants name for 5 years. Its a new contract every year when the old one runs out. We checked with the letting agent who got in a huff because he hadn't been told it was for sale and started giving out that he should have been the one to sell it :rolleyes:

Its not under offer or sale agreed, its actually sold. The landlord(who lives abroad) told us that he doesn't own the property anymore and the new owners agents will be in touch to facilitate our vacating the property.

Have rang threshold but they were a bit confused about it as well. They said we should be given 4 months notice but they're not sure as the landlord doesn't own it now??? :eek: They seemed to be more concerned about the landlord or ea letting themselves into property for valuations and assumed viewings without permission than anything else.

Ptrb said they'd ring us back.....still waiting...

We've had no contact from anyone else at this point and are just hoping our stuff hasn't been thrown out in the street every evening. We pay our rent for the next month on the last day of each month so we've already paid for this whole month too.


MESS!!!!!!!!!

subway

how was the house sold without anyone noticing EA, viewers, for sale sign, listings etc?

slowmoe

We don't stay camped in the house 24/7, we work and we have lives. There was no for sale sign. The landlord was back in Ireland about 6-8 weeks ago and said he was coming over just to ensure everything was ok but we told him no because none of us could be there. We guess now that they took the house photos etc then

Mister Dread

The new owners have a serious problem on their hands.

There are issues with paying rent in the future. Also in the past as the landlord was non resident.

slowmoe

And our deposit

The landlord is irish but living in spain now. We've been in touch with our letting agent and he is no help, says he's trying to contact the landlord but hasn't een able to. We've been trying to contact him ourselves but phone is off. We found the listing on the internet and rang the ea and explained ourselves but said he couldn't comment on it with us under data protection as we are not his clients. But the advetisement makes no mention of existing tenants.

We had assumed from phone call no 1 that the house was sale agreed and that this would be sorted out. As its actually sold i think we will have to keep after ptrb/threshold and possibly seek legal advice.

Thanks to everyone for all the help anyway!

subway

slowmoe wrote: »

We don't stay camped in the house 24/7, we work and we have lives. There was no for sale sign. The landlord was back in Ireland about 6-8 weeks ago and said he was coming over just to ensure everything was ok but we told him no because none of us could be there. We guess now that they took the house photos etc then

thats ****ed up, sounds like you will be plenty rich,
its the new owners who will be evicting you as they will have bought the house with tenants in place. they are your new landlord etc.

make sure you stop paying the old landlord and start paying the new one as you will never get money back from him.

make sure prtb / threshold are on your side for everything you do. if they illegally evict you, screw / sue em. should be about 15k per tenant going by previous judgements.
landlord will want to cop the **** on (the new on that is)

subway

slowmoe wrote: »

The landlord is irish but living in spain now. We've been in touch with our letting agent and he is no help, says he's trying to contact the landlord but hasn't een able to. !

he's not your landlord anymore, he should have included secuirty deposit as part of sale to the new landlord.
if he didnt, they can sue him, the new owners owe you the deposit afaik.

if the new owners are so clueless they may not have engaged a solicitor and dont realise how dodgy the situation they are in is.
suggest you cross post this in thepropertypin.com (property a&e subforum)