Landlord looking for vacant possession a month and half prior to the end of lease

raemie10

I'm currently renting an apartment with two other people.
Our lease isn't up until May 1st.
We received a letter last week saying we had 112 until the termination of our lease as the landlord intends to sell within three months..

One of my housemates was intending to move out in Jan (and get somebody to take his room) He explained this to the property management company and they said that we could leave whenever we wanted before March 18th, as naturally we will need to look for another place to live.

They have now backtracked and said that no, we have to pay rent up until March 18th.
Unless we all move out together... which isn't going to happen!
So my housemate is trying to find someone to take on the lease until March..

I contacted threshold & PRTB and they said as we have a lease until May 1st that the 112 days notice must end on May 1st...

We were hoping that if the landlord does sell within 3 months that the new owner if looking to rent out apartment, would take us on as existing tenants (which would hopefully work if there wasn't vacant possesion on the apartment)

I'm thinking that rent is going to go up AGAIN in May (It has increased by €250pm in the last few years) and the landlord wants us def out by then!

Would love to know if anyone on boards has had a similar problem in the past?!

drumswan

If youve a fixed term lease you dont need to go anywhere. LL can serve you notice when it expires if he likes.

raemie10

drumswan wrote: »

If youve a fixed term lease you dont need to go anywhere. LL can serve you notice when it expires if he likes.

Would just a standard lease be a fixed term lease?! (Sorry if that's a stupid question!)

drumswan

raemie10 wrote: »

Would just a standard lease be a fixed term lease?! (Sorry if that's a stupid question!)

If its a lease covering a fixed period (e.g. one year) its a fixed term lease yes.

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

raemie10

Thanks so much.
Apparently the LL can serve that notice if there is a break clause built into the lease....
We're looking for the lease to see if that's the case

anonyanony

raemie10 wrote: »

I'm currently renting an apartment with two other people.
Our lease isn't up until May 1st.
We received a letter last week saying we had 112 until the termination of our lease as the landlord intends to sell within three months..

One of my housemates was intending to move out in Jan (and get somebody to take his room) He explained this to the property management company and they said that we could leave whenever we wanted before March 18th, as naturally we will need to look for another place to live.

They have now backtracked and said that no, we have to pay rent up until March 18th.
Unless we all move out together... which isn't going to happen!
So my housemate is trying to find someone to take on the lease until March..

I contacted threshold & PRTB and they said as we have a lease until May 1st that the 112 days notice must end on May 1st...

We were hoping that if the landlord does sell within 3 months that the new owner if looking to rent out apartment, would take us on as existing tenants (which would hopefully work if there wasn't vacant possesion on the apartment)

I'm thinking that rent is going to go up AGAIN in May (It has increased by €250pm in the last few years) and the landlord wants us def out by then!

Would love to know if anyone on boards has had a similar problem in the past?!

LL cannot remove you till lease is up unless there is break clauses check with prtb if they are valid if there are, also you don't have to show viewings, tell them if they are accommodating with you via move out times you will allow reasonable viewings. Just remember if one moves early and two stays the two still have to pay the full rent of the unit.

If buyer is buying using a montage bank will want it vacant to issue a mortage

drumswan

You should also note that what Threshold and the PRTB told you about notice ending on May the 1st is incorrect. They can only serve the notice then.

Assuming as you say, you havent agreed to a break clause in the lease.

Victor

drumswan wrote: »

You should also note that what Threshold and the PRTB told you about notice ending on May the 1st is incorrect. They can only serve the notice then.

I'm not sure about that. Can you point to the specific text of the act that says that?

witchgirl26

drumswan wrote: »

You should also note that what Threshold and the PRTB told you about notice ending on May the 1st is incorrect. They can only serve the notice then.

Assuming as you say, you havent agreed to a break clause in the lease.

I'm pretty sure that you or your landlord can give notice that would cause the tenancy to cease on the last day - i.e. in this case May 1st. I know my friend has given notice so that her lease would be up completely on the date it would be due for renewal.

raemie10

anonyanony wrote: »

LL cannot remove you till lease is up unless there is break clauses check with prtb if they are valid if there are, also you don't have to show viewings, tell them if they are accommodating with you via move out times you will allow reasonable viewings. Just remember if one moves early and two stays the two still have to pay the full rent of the unit.

If buyer is buying using a montage bank will want it vacant to issue a mortage

We checked our original lease from 2010 and there doesn't appear to be a break clause built in.
So is the fact that he is 'intending to sell in the next three months' definitely not a problem?
As a lot of people are telling me that if that is the reason, the termination is legal?

anonyanony

raemie10 wrote: »

We checked our original lease from 2010 and there doesn't appear to be a break clause built in.
So is the fact that he is 'intending to sell in the next three months' definitely not a problem?
As a lot of people are telling me that if that is the reason, the termination is legal?

He cannot remove you till the lease is up what does your 2014 one say? Contact the prtb to get more details, you don't have to do viewings either unless in the lease.

Try to work out something that suits all of you but you have the power, but annoy the LL to much don't expect more then a very basic reference.

nibtrix

raemie10 wrote: »

We checked our original lease from 2010 and there doesn't appear to be a break clause built in.
So is the fact that he is 'intending to sell in the next three months' definitely not a problem?
As a lot of people are telling me that if that is the reason, the termination is legal?

Did you sign a new lease this year? If you haven't signed a new lease since the first one then you are probably on a Part 4 tenancy and the notice to terminate could be valid. If you did sign a new lease to run from May 2014 to May 2015 then he can't evict you because he wants to sell.

If you are on a fixed term and one of your housemates wants to move out sooner, then make sure they know they are responsible for paying their share of the rent until the end of the lease - whether by getting someone in short-term or paying it themselves.

the_syco

raemie10 wrote: »

They have now backtracked and said that no, we have to pay rent up until March 18th.

If they backtrack on their agreement, ask how they'd feel if you backtracked on your agreement to move in March, and stayed to the end of the fixed term lease in May?

gaius c

raemie10 wrote: »

We checked our original lease from 2010 and there doesn't appear to be a break clause built in.
So is the fact that he is 'intending to sell in the next three months' definitely not a problem?
As a lot of people are telling me that if that is the reason, the termination is legal?

Only if it's a Part IV tennacy but you have a fixed term lease which is a legal contract.

If he wants you out, you don't really have much choice past the date of lease expiry as the contract will have ended and he will have provided sufficient notice. My advice is that you use the lease to negotiate something to your mutual satisfaction. If the shoe was on the other foot and you were leaving before the lease ended, you'd probably lose your deposit so you are quite within your rights to be stubborn and stay right up to the end of the lease (paying full rent) unless they sweeten the deal for you somewhat.

P.S. Is the bank involved in the sale? If so and they appoint a receiver, your lease basically goes up in smoke!

raemie10

gaius c wrote: »

Only if it's a Part IV tennacy but you have a fixed term lease which is a legal contract.

If he wants you out, you don't really have much choice past the date of lease expiry as the contract will have ended and he will have provided sufficient notice. My advice is that you use the lease to negotiate something to your mutual satisfaction. If the shoe was on the other foot and you were leaving before the lease ended, you'd probably lose your deposit so you are quite within your rights to be stubborn and stay right up to the end of the lease (paying full rent) unless they sweeten the deal for you somewhat.

P.S. Is the bank involved in the sale? If so and they appoint a receiver, your lease basically goes up in smoke!

The property agent office won't pick the phone and emailed to say she is sick (lady who sent initial termination mail)

I think the apartment is NAMAd....

El_Duderino 09

According to a thread recently your deposit goes up in smoke too if you are still in residence when nama take over.

So you might stay the extra 6 weeks and lose your deposit

the_syco

raemie10 wrote: »

I think the apartment is NAMAd....

Tell them you'll leave if they give you your deposit, as if it's NAMA, you won't get the deposit from the bank, as they'l tell you to chase the landlord, who'll say to get it off the bank.

raemie10

FYI.
If anyone's interested... Some of you were right. I def entitled legally to stay until May 1st!
Propert company were, in my opinion just chancing their arm!