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Need Some advice

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  • 06-06-2013 2:28am
    #1
    Stu_77
    Closed Accounts Posts: 34 ✭


    Hi,

    The flat I am renting is part of a house that is divided into 4 separate, self-contained flats. A few months ago the house went into receivership because the previous landlord/owner couldn't keep up mortgage repayments so was repossessed by the bank but then passed over to a management company who look after day to day dealings with tenants.

    In the meantime, the house was put up for sale and was recently sold to somebody. On the for-sale sign outside the house it says on the sign, "Tenants not affected". I was also told by the property management company that current tenants would not be asked to move out when the property was sold.

    I received a letter today from the Management company as did the other 3 tenants, basically saying that we have 56 days to vacate our flats. No explanation of who the new owner is or how we can contact him.

    Can the new owner kick out 4 long-term tenants with 8 weeks notice? I've been living here for 2 and a half years and was lead to believe that my tenancy would not be affected, regardless of who purchased the property.

    I'm very confused as are the other tenants. Can anybody tell me what my rights are in this situation? Thanks for reading, Stu.


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    #2
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Are you fixed term or do you have Part 4 tenancy?


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    #3
    Stu_77
    Closed Accounts Posts: 34 ✭Stu_77


    Well, I would assume that I'm a Part 4 tenancy given that I never signed a new lease with my previous landlord after my original 9 month lease was up. I just kept paying him rent each week as normal until the house went into receivership. But, does having a new landlord change my situation in the sense that we don't have a contract because he's just purchased the house? Can he just throw me out in 8 weeks or do I still have a Part 4 tenancy?


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    #4
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Stu_77 wrote: »
    Well, I would assume that I'm a Part 4 tenancy given that I never signed a new lease with my previous landlord after my original 9 month lease was up. I just kept paying him rent each week as normal until the house went into receivership. But, does having a new landlord change my situation in the sense that we don't have a contract because he's just purchased the house? Can he just throw me out in 8 weeks or do I still have a Part 4 tenancy?

    they can give notice if you are on part 4 provided the reason notice is being given meets that outlined in the RTA 2004.

    Selling of a house is a valid reason as is giving notice to move in / move a family member in. So it would seem to me there is probably valid grounds to issue you notice.

    56 days notice complies with the notice required for your tenure as setup by the RTA so everything seems above board here. time to find new accommodation unfortunately OP


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    #5
    Stu_77
    Closed Accounts Posts: 34 ✭Stu_77


    D3PO, There are 4 flats in the house I live in and each tenant is being asked to move out but we haven't been given an explanation as to why? Also, on the for sale sign out front it says "Tenants not affected" and I was told by the management company that my tenancy would not be affected by new ownership. Something doesn't add up and the other tenants are also in agreement.

    So what you're saying is a new owner can just say he's moving family members in and long-term tenants just have to suck it up and move out in 8 weeks? Sure if that's the case, what rights do any tenants have under a Part 4 tenancy.

    There's no way the new owner is turning this house into a family home because he's bought 3 houses in a row (very close to Dublin city centre) and adjoining land behind the properties. Each house is split into self containing flats and there are 12 tenants being affected by this 8 week eviction notice. The guy is obviously a property investor who wants to bring his own tenants in by the looks of it but I guess I can't prove it.


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    #6
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Stu_77 wrote: »
    D3PO, There are 4 flats in the house I live in and each tenant is being asked to move out but we haven't been given an explanation as to why? Also, on the for sale sign out front it says "Tenants not affected" and I was told by the management company that my tenancy would not be affected by new ownership. Something doesn't add up and the other tenants are also in agreement.

    So what you're saying is a new owner can just say he's moving family members in and long-term tenants just have to suck it up and move out in 8 weeks? Sure if that's the case, what rights do any tenants have under a Part 4 tenancy.

    There's no way the new owner is turning this house into a family home because he's bought 3 houses in a row (very close to Dublin city centre) and adjoining land behind the properties. Each house is split into self containing flats and there are 12 tenants being affected by this 8 week eviction notice. The guy is obviously a property investor who wants to bring his own tenants in by the looks of it but I guess I can't prove it.

    Firstly notice has been issued by your current LL so they are perfectly entitled to do so in regards to the selling of the property. The fact the sign says tenants not affected has no bearing. Perhaps that was originally the situation but now the new owner wants vacant possession.

    the notice is perfectly legitimate and you have no rights under part 4 to can counteract that. You are perfectly within your rights to ask your landlord why they are serving notice but once it is for one of the reasons allowed to terminate a part 4 tenancy then they are within their rights to do so.

    even if as you suspect the guy is a property investor who has tenants lined up that still gives you no rights to stay. If he has asked for vacant possession your current landlord can correctly give you notice to move as he is selling.


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    #7
    Stu_77
    Closed Accounts Posts: 34 ✭Stu_77


    D3PO, thanks for your feedback. It does seem as if the Management company/estate agent lied to us in the sense that we were given false assurances so they could continue receiving rent from reliable tenants until they sold the property. But then I suppose it's a bit too much to expect honesty from an estate agent. Cheers, Stu.


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    #8
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Stu_77 wrote: »
    D3PO, thanks for your feedback. It does seem as if the Management company/estate agent lied to us in the sense that we were given false assurances so they could continue receiving rent from reliable tenants until they sold the property. But then I suppose it's a bit too much to expect honesty from an estate agent. Cheers, Stu.

    I suspect that's exactly what's happened to be honest. Unfortunately its not illegal


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