Rented house being sold - ok to break our rental contract?

ofthelord

Currently renting a house - few months ago landlord put house up for sale (at the time we were told there was no chance of house being sold within a year or two) - & now a sale agreed sign has been placed in the garden. we are currently trying to contact the landlord to find out where we stand regarding when sale will be completed & we'll need to exit the house.
We have rental contract signed until end of the summer.
My question is in relation to us now breaking this contract & moving to a new property. Given that the sale of the house has been 'agreed' & we have not been updated as to when we are expected to be out of the house ( next month or next year or whenever) - would we now be within our rights to move out (after giving about 1 months notice) & not forfeit the deposit?
Any replies appreciated.
Thanks.

D3PO

your lease stands and you are sitting tennants so whoever is buying cannot just move in or ask you to leave before the end of your lease.

this also means you cannot legally break your lease for this reason and are bound by the clauses in it.

however for the sake of it being easy your landlord will probably be ok with you arranging to leave just speak to him and see what he say.

Dub.

Pretty sure your Landlord has no right to stick a `for sale` sign in the garden you are paying for.

D3PO

Dub. wrote: »

Pretty sure your Landlord has no right to stick a `for sale` sign in the garden you are paying for.

well your wrong. He has every right to do this. This doesnt tump the tennats rental rights though and the property is sold wirth a sitting tennant.

the_syco

Ensure the new owners know that you're there (as tenants), and find out who now has your deposit.

Ray Palmer

D3PO wrote: »

your lease stands and you are sitting tennants so whoever is buying cannot just move in or ask you to leave before the end of your lease.

this also means you cannot legally break your lease for this reason and are bound by the clauses in it.

however for the sake of it being easy your landlord will probably be ok with you arranging to leave just speak to him and see what he say.

Actually they can arrange to break the lease as they are selling. It is one of the clauses that allows the owner end an agreement early.

However he still needs to contact you and arrange this. He could sell the house and leave you as sitting tenants. It is actually the discretion of the person selling. If he hasn't told you then you still have all your rights. You have to wait till you talk to the LL you signed the lease with.

If you want to move it is unlikely anybody is going to argue but the current LL has to let you out of the agreement prior to the sale otherwise the new owner may and can pursue you for the remainder of the rent for the lease. I would if I was them as I would be depending on the rent after buying .

D3PO

Ray Palmer wrote: »

Actually they can arrange to break the lease as they are selling. It is one of the clauses that allows the owner end an agreement early.

.

Firstly your wrong. your confusing part 4 and a fixed term lease.

taken from www.threshold.ie

Notice of Termination
As stated above, the Residential Tenancies Act 2004 affords greater security of tenure to tenants. During the three and a half year period the landlord can only terminate the tenancy on specified grounds.
Acceptable grounds include the

• tenant not complying with their obligations (e.g. not paying their rent)
• landlord intending to sell the dwelling
• landlord requiring the dwelling for his own occupation or for a family member

However, please note that if a fixed term tenancy exists it cannot under any circumstances be terminated before the expiry of the term, unless the landlord or the tenant is in serious breach of the agreement. Please contact Threshold if you have any query about these rules.

secondly re-read the opening psot he is the tennant not landlord. so your not even addressing the right question.

odds_on

D3PO wrote: »

Firstly your wrong. your confusing part 4 and a fixed term lease.

taken from www.threshold.ie

Notice of Termination
As stated above, the Residential Tenancies Act 2004 affords greater security of tenure to tenants. During the three and a half year period the landlord can only terminate the tenancy on specified grounds.
Acceptable grounds include the

• tenant not complying with their obligations (e.g. not paying their rent)
• landlord intending to sell the dwelling
• landlord requiring the dwelling for his own occupation or for a family member

However, please note that if a fixed term tenancy exists it cannot under any circumstances be terminated before the expiry of the term, unless the landlord or the tenant is in serious breach of the agreement. Please contact Threshold if you have any query about these rules.

secondly re-read the opening psot he is the tennant not landlord. so your not even addressing the right question.

At last Threshold have recognized a difference between a Part 4 and a Fixed Term lease. Previously they haven't and that has lead to so much confusion where many posters have jumped at what Threshold say on their site only to find that the tenant has a Fixed Term lease and it doesn't apply.