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If rental property is put on the market?

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  • 29-03-2013 4:42am
    #1
    Neadine
    Registered Users Posts: 996 ✭✭✭


    Have a question about rental properties; where does a tenant stand if a landlord should decide to put property on the market?
    Are they obliged to tell tenant this is the case? And when it comes to viewings, etc., I realise landlord can not enter property without permission from tenant, but would it be fair to assume that viewings can only be arranged at times that are suitable and convenient to current tenant?


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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    You are entitled to private and peaceful enjoyment of your home. Whether or not viewings are conducted- is up to you, and not the landlord. Selling the home is a legitimate reason for ending the tenancy. No prospective purchaser will get a mortgage unless they have vacant possession of the property. You need to start looking for new accommodation asap- and in the interim, whether you facilitate the landlord or not with viewings and what arrangement you come to- is up to you, and not him.


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    #3
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Just to add that the above only applies where you are on a part 4 tenancy. If you are on a fixed term lease then you cannot be asked to leave until the lease has expired, even if the house is sold during the term of the lease. Should the house be sold during the term of a fixed lease then the new owners would become your landlord and could not take possession until the lease has expired and they can ask you to vacate under the terms of a part 4 lease.

    Of course, you can always negotiate an early release from a fixed term lease if you so choose, but that is up to you. With regards viewings, it would not be unheard of for a tenant to come to an arrangement with a landlord to be compensated for the disruption of allowing viewings.


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    #4
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    smccarrick wrote: »
    Selling the home is a legitimate reason for ending the tenancy.
    It is a valid reason for ending a Part 4 tenancy, not for ending a fixed term tenancy.
    No prospective purchaser will get a mortgage unless they have vacant possession of the property.
    Don't panic just yet -- the new owner may be a buy-to-let landlord who is happy to continue the tenancy.


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    #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    the world wonders wrote: »
    Don't panic just yet -- the new owner may be a buy-to-let landlord who is happy to continue the tenancy.

    Unless he is paying for it in cash- no lending institution in Ireland will finance a purchase such as this. They may have done in the past- but 100% certainly not anymore.........


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    #6
    Joe Hart
    Closed Accounts Posts: 358 ✭✭Joe Hart


    Neadine wrote: »
    Have a question about rental properties; where does a tenant stand if a landlord should decide to put property on the market?
    Are they obliged to tell tenant this is the case? And when it comes to viewings, etc., I realise landlord can not enter property without permission from tenant, but would it be fair to assume that viewings can only be arranged at times that are suitable and convenient to current tenant?

    You have no obligations to allow viewings, onlly tenancy related inspections and these cannot be too frequent.


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    #7
    Chris_5339762
    Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    djimi wrote: »
    Just to add that the above only applies where you are on a part 4 tenancy. If you are on a fixed term lease then you cannot be asked to leave until the lease has expired, even if the house is sold during the term of the lease. Should the house be sold during the term of a fixed lease then the new owners would become your landlord and could not take possession until the lease has expired and they can ask you to vacate under the terms of a part 4 lease.

    Of course, you can always negotiate an early release from a fixed term lease if you so choose, but that is up to you. With regards viewings, it would not be unheard of for a tenant to come to an arrangement with a landlord to be compensated for the disruption of allowing viewings.

    Just make sure in this case that you know who has your deposit. Not who **should** have it, but who ACTUALLY has it. Get this in writing or someone may just pocket it.


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    #8
    Neadine
    Registered Users Posts: 996 ✭✭✭Neadine


    Ok, I've been renting the same property for the past 18 months, prior to me the property had been empty for a while and was on the market, prior to my moving in the letting agent told me that the property was being taken off the market while it was rented, not sure if I have this in writing, will have to check.
    Anyway, have been considering moving for a while now, for various different reasons, so I was having a look on Daft for rental properties and even had a look at properties for sale in the area, wanted an idea of prices, and there was my humble abode up for sale, entered yesterday!


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    #9
    UDP
    Closed Accounts Posts: 1,188 ✭✭✭UDP


    OP, are you in a fixed term lease or out of lease/under part 4 tenancy? If under lease then read it and see if there is a term regarding sale of the property. You are probably in a position to seek a significant reduction in rent in return for allowing people to view the property. The alternative for the owner is that you move out and the owner loses rent in the meantime. Use this to you advantage. A friend of mine ended up paying 50% for about 6 months under similar circumstances. That was worth €2.5-3k to him.


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    #10
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Neadine wrote: »
    Ok, I've been renting the same property for the past 18 months, prior to me the property had been empty for a while and was on the market, prior to my moving in the letting agent told me that the property was being taken off the market while it was rented, not sure if I have this in writing, will have to check.
    Anyway, have been considering moving for a while now, for various different reasons, so I was having a look on Daft for rental properties and even had a look at properties for sale in the area, wanted an idea of prices, and there was my humble abode up for sale, entered yesterday!

    The owner may not be committed to selling. Might just be testing the waters, so to speak.


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    #11
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    murphaph wrote: »
    The owner may not be committed to selling. Might just be testing the waters, so to speak.
    It may also just be up to keep the bank happy, in case the bank want the LL to sell it. Is the apartment above or below the average price of nearby apartments?


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