Landlord selling up during a fixed term lease & gives notice - allowed?

TouchingVirus

I'm under a fixed term lease until October 2014. I received notice from the landlord that they are exercising their rights to sell the property under section 34 and are terminating the lease at the beginning of June. They write that they have provided me with the 35 days notice required by law.

I don't intend on dragging this out and would rather avoid going to the PRTB route. I don't like moving in October having been on that cycle for a few moves in previous years so it suits me to look for a new place now. With the current state of rentals in Dublin, and in particular close to the city centre, I'm worried I will be unable to find a satisfactory new place to live before the final date provided by the landlord. I would like to negotiate with them that we will be out as soon as another suitable property is found and with a reduction in the notice period (currently 1 month).

Obviously to do this I have to be pretty sure of my right to stay in the property and that Section 34 doesn't apply, otherwise I really have to be out by the start of June. I did some research online and from what I can tell the provisions of 34 do not apply to fixed term leases. Can somebody confirm? This is mentioned on the PRTB website in an informal article but I'm trying to find the relevant piece of legislature I can quote should the need arise. It's my understanding that the only way our lease could be terminated is if we are in breach of our tenant obligations, which we're not. For what it's worth there are no provisions in the lease that state it reverts to Part 4 tenancy after six months, so it's a standard fixed term 1 year lease.

zl1whqvjs75cdy

I think (and I am open to correction) that the landlord is entitled to terminate the lease if he or she intends to sell the property. You seem to actually have faired better than most what with getting proper written notice. I'd start looking if I was you.

TouchingVirus

donkeyoaty0099 wrote: »

I think (and I am open to correction) that the landlord is entitled to terminate the lease if he or she intends to sell the property. You seem to actually have faired better than most what with getting proper written notice. I'd start looking if I was you.

I've been looking since I received the notice - see that point about finding rental houses close to Dublin city centre, not easy when you're a group of people and don't want to split it up to find two different houses. As I said we have no intention of dragging our heels on this and are trying to facilitate the owners, it's completely pointless and I see us leaving before our fixed term is up, but I don't want to be forced to accept a complete hole or other unsuitable property because we're working to a deadline in a very tight market.

The reason for my doubting their right to terminate is an exerpt from the PRTB article titled 'Terminating a Fixed Term tenancy':

Fixed Term Tenancies
A landlord can only terminate a fixed term tenancy where the tenant has been in breach of his or her obligations. Accordingly, a landlord cannot rely on the provisions of Section 34, to terminate a fixed term tenancy during the fixed term. Following the expiration of the fixed term period however, if the tenant has exercised his rights under Part 4, to extend his tenure for the remainder of the Part 4 tenancy of 4 years, the landlord can from then on, rely on the provisions of Section 34.

Similarly, a tenant can only terminate a fixed term tenancy where there the landlord has been in breach of his or her obligations. In addition however, where the landlord has refused consent to an assignment or sub-let, the tenant can also terminate the tenancy, in accordance with Section 186.

Nino Brown

donkeyoaty0099 wrote: »

I think (and I am open to correction) that the landlord is entitled to terminate the lease if he or she intends to sell the property. You seem to actually have faired better than most what with getting proper written notice. I'd start looking if I was you.

That's not my understanding at all, I thought a landlord can end a part 4 tenancy to sell the place. But a fixed term lease is exactly that, "fixed term" unless the tenant is in breach of their obligations.

Penny Tration

If you have a lease until October, he cannot make you leave before then.

Nino Brown

This confirms you cannot be forced to leave, if I were you'd I'd offer to be on my way for 2K, otherwise I'd stay put.

Fixed Term Tenancies
A landlord can only terminate a fixed term tenancy where the tenant has been in breach of his or her obligations. Accordingly, a landlord cannot rely on the provisions of Section 34, to terminate a fixed term tenancy during the fixed term. Following the expiration of the fixed term period however, if the tenant has exercised his rights under Part 4, to extend his tenure for the remainder of the Part 4 tenancy of 4 years, the landlord can from then on, rely on the provisions of Section 34.

http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy

TouchingVirus

Yep, but that's like a helper article on the PRTB site. I'm trying to find out if it's got basic in a legal act, section & paragraph I could refer to? Maybe I'm just being a bit anal about this

accensi0n

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

Section 58.

garhjw

OP, I would speak with the landlord and explain your situation - you are looking but may need more time.

Get clarification if you can be given notice. If the ll won't give you more time then state your rights. I would suggest keeping it as civil as possible.

Also, it will take him time to see the property and for the conveyancing to be completed so it should suit him to continue receiving rent.

Good luck

TouchingVirus

accensi0n wrote: »

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

Section 58.

Thanks, missed that one. Hopefully I won't have to use it in anger, this is just in case we can't come to an agreement