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New Landlord Problem

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    #32
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    TheBandicoot wrote: »
    This is the attitude that makes the rental market in Ireland a complete joke and causes so many issues and hardship for people. Though I suppose you are a builder so there is no surprise that is your attitude.

    I nearly took a bite myself but was half way through typing out a response when I figured he might be trolling.

    I really do wonder how commonplace that mentality is in this country, though. The wording is downright scary...
    You rent, therefore this is the life you choose.

    :eek:


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    #33
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    The_Morrigan wrote: »
    The new owner and the estate agent have ignored the law - the OP is not being a pain in the ass, they are exerting their rights to peaceful enjoyment of their home.
    'Reasonable time' doesn't come into property law, there are defined notice periods stipulated in legislation, they are the minimum notices that can be given to a tenant or a landlord. In the case of a fixed term lease it cannot be broken with notice unless there is a break clause contained in the lease or the tenant breaches their obligations.

    Just out of curiosity- where does the tenant stand with respect of the contract? Surely the contract is between them and the previous owner- and the breach of the contract thus a civil matter between the tenant and the previous owner?

    One way or the other- the tenant has a contract which copperfastens entitlements for them.

    The most reasonable course of action in my opinion would be for the seller to offer to buy out the tenancy (perhaps in lieu for a month's rent?) from the tenant.

    If the landlord was selling the property- what the hell were they doing giving the tenant a 1 year lease- they seriously screwed up.........


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    #34
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    The_Conductor wrote: »
    Just out of curiosity- where does the tenant stand with respect of the contract? Surely the contract is between them and the previous owner- and the breach of the contract thus a civil matter between the tenant and the previous owner?

    One way or the other- the tenant has a contract which copperfastens entitlements for them.

    The most reasonable course of action in my opinion would be for the seller to offer to buy out the tenancy (perhaps in lieu for a month's rent?) from the tenant.

    If the landlord was selling the property- what the hell were they doing giving the tenant a 1 year lease- they seriously screwed up.........

    Gonna qualify with an IANAL but it really does not matter that the ownership has changed in hands with regards to the tenant. The tenant has a lease which gives them rights over the property for the time period specified. Regardless that the lease was signed with the previous owner, in any property sale existing leases must always be honored to completion. Basic real estate contract law in effect.

    The question comes down to whether or not there's a break clause in the lease or the new owner has a valid argument that the lease has been breached which will allow them to terminate the tenancy.


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    #35
    cpoh1
    Registered Users Posts: 1,605 ✭✭✭cpoh1


    There is no way this house has been sold yet. Both solicitors wont allow parties to exchange contracts with an open issue like this unresolved. And if the solicitor doesnt know yet they will eventually find out either with the landlord coming clean or the estate agent letting them know.

    I would imagine the threats are the landlord starting to panic as he tries to get the sale closed and nothing more.

    OP stick to your guns and leave on your terms, in the long run you are better off out and it is the decent thing to do but make sure you find the right place for yourself first.


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    #36
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    Stick around and you might be illegally evicted which is worth a fair wedge.

    Ignore the bend over and take it crowd here. So many of them seem desperate to do a landlord a favour which would be considered bizarre in any other business setting.

    I'd settle for a lease buyout of the full remaining term, nothing less.


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    #37
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Thomas D wrote: »
    Stick around and you might be illegally evicted which is worth a fair wedge.

    Ignore the bend over and take it crowd here. So many of them seem desperate to do a landlord a favour which would be considered bizarre in any other business setting.

    I'd settle for a lease buyout of the full remaining term, nothing less.

    When does one or two posters constitute a crowd? The majority of posters here have noted that you can only break a fixed term lease in certain circumstances & the OP has been given some ideas on ways of leaving early if they wish.

    Mod bit/
    You've been warned before about your anti-landlord posts, making up an agenda in a thread that doesn't have one is a bit much.


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