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Landlord putting house up for sale

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  • 08-01-2013 11:52am
    #1
    dead_tree
    Registered Users Posts: 19 ✭


    Hi,

    My landlord is putting the house I rent up for sale as a going concern with tenant.

    I have no current lease. (I know....)

    Does this mean if someone buys it I can be evicted straight away and it's just up to the discretion of the new owner to work out reasonable notice?

    Is there any options available without a lease?

    In the house less than one year.

    Thanks.


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    #2
    Aye Bosun
    Registered Users Posts: 349 ✭✭Aye Bosun


    Not sure about the in's and out's of selling a house as a going concern with tenant, but if you've been in the house longer than 6months and in the absence of a fix term lease you are automatically entitled to rights as a tenant under a Part 4 Lease. See the following link:

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


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    #3
    dead_tree
    Registered Users Posts: 19 ✭dead_tree


    I have been there longer than 6 months but never had any lease originally.

    I'll have a read through that. Thanks for the info.


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    #4
    aN.Droid
    Closed Accounts Posts: 1,911 ✭✭✭aN.Droid


    You will be entitled to your notice period. Depend's on how long you have been there as to how much notice you are entitled too.


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    #5
    [Jackass]
    Closed Accounts Posts: 9,193 ✭✭✭[Jackass]


    It's very difficult to evict someone from a property, particularly if you bought it whilst they were tenants.

    But I doubt someone is planning on being unreasonable, but at the same time, you have to be reasonable.

    Certainly you can't be thrown out on the street, you must be given a notice period to request you leave. That could be a month or three months or whatever to find a new place. If you are asked to leave and are given a reasonable time frame, then I don't see a problem. It's not your property, so you may have to find somewhere else.

    It's possible that someone may be interested in buying the place as an investment, but it's equally as possible that they are not. If I was you, I'd either talk to the landlord and see what (s)he thinks, or I'd wait until it's sold (which could be a long time from now given current climate, a year +) and see what the new person wants to do with the place, and if they are looking to live in it, ask for 6 - 8 weeks to find a new place or something.


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    #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    It would be impossible for a prospective purchaser to get a mortgage to buy the property, unless they were granted vacant possession of the property. No mortgage lender will lend with a sitting tenant- its simply not going to happen.

    Under a part 4 tenancy- sale of the property is one of the allowed conditions for the eviction of a sitting tenant. Normal notice periods apply.


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    #7
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    To me, it sounds like the landlord might be trying to hold on to you as a tenant and so still receive rental income while he tries to sell the house. After all it could take a few months to sell. Even a cash buyer would be very foolish to buy a house with a sitting tenant.


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