Rented apartment being sold-notice to move out?

padyjoe

I've been living in the same apartment since Nov of 2013. It was a 1 year lease which expired a year later. I have not signed any new contract just carried on with the original one. It's not easy to get another rent where I live. I'm on good terms with my landlord. I wonder am I entitled to an 8 weeks notice for moving out? I didn't get any written notice at all, didn't sign anything, just was told over the phone and in person that the new buyers when to want move in. I don't wanna interfere with my landlord's business much but in this case it's my interest as well to have my rights.

pc7

Looks like you are due at least 56 days as its more than 2 years less than 3, landlord must notify you in writing. You can see more details here, http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/notice-periods-for-notice-of-termination,

4ensic15

You should initiate a dispute with the PRTB for breach of your right to peaceful enjoyment and invalid notice of termination. Ultimately you will have to leave but you will, at least, get some extra time.

handlemaster

4ensic15 wrote: »

You should initiate a dispute with the PRTB for breach of your right to peaceful enjoyment and invalid notice of termination. Ultimately you will have to leave but you will, at least, get some extra time.

Your probably right for the tenant they more than not side with the tenant. The landlord pays for this service but is left swinging

padyjoe

Thank you to all! I don't want to be a bad tenant, try to be nice and accommodating all the time (need a good reference for next place as well). I have read through my contract it states at least 4 weeks written notice. I just need time not because of messing rather not finding a proper place. Wish I should have bought my very own place now! Hopefully happens soon! :-)

Best thing you could do seeing as you're on good terms is to give the landlord a buzz and have a chat about the situation. Even come to an agreement with him/her that you can move on a few days notice if you're lucky enough to find somewhere soon. They might even agree to keeping back a months rent for your deposit before moving out as well.

At least you'll both know where ye stand then and everythingis nice and amicable.

athtrasna

padyjoe wrote: »

Thank you to all! I don't want to be a bad tenant, try to be nice and accommodating all the time (need a good reference for next place as well). I have read through my contract it states at least 4 weeks written notice. I just need time not because of messing rather not finding a proper place. Wish I should have bought my very own place now! Hopefully happens soon! :-)

The contract doesn't apply, you're in a part four tenancy and the notice is 56 days as above.

4ensic15

If the place has been sold, then the new owners are the landlord. If not, then your landlord can't sell without giving vacant possession. Landlord references are rarely worth the paper they are written on so it should not be a consideration.

MarkAnthony

4ensic15 wrote: »

Landlord references are rarely worth the paper they are written on so it should not be a consideration.

As a landlord who checks with the previous landlord I strongly disagree.

Butters1979

4ensic15 wrote: »

You should initiate a dispute with the PRTB for breach of your right to peaceful enjoyment and invalid notice of termination. Ultimately you will have to leave but you will, at least, get some extra time.

Explain where you read this? All I have seen is he was told that he is selling and the new owners are buying to live rather than rent. The post wasn't clear as to what notice if any he has been given yet. It could be 6 months from now and he is just giving a verbal notice long before the written one is needed out of courtesy. There's too much 'run to the PRTB' on this forum without any facts.

OP. You weren't clear. I understand you have nothing in writing yet, but did your LL mention timelines at all? When is he expecting you to move out?

As you never signed an updated lease, that notice period means nothing. as someone already said, based on the time you are there you are entitled to 56 days notice in writing.

Arbiter of Good Taste

4ensic15 wrote: »

You should initiate a dispute with the PRTB for breach of your right to peaceful enjoyment and invalid notice of termination. Ultimately you will have to leave but you will, at least, get some extra time.

Why is it always the nuclear option? Surely the OP can make a civilised call to the LL to discuss firstly?

GreatDefector

I was in this situation and unfortunately the landlord gave us 30 days after 4 years there

It wasn't nice but I couldn't do much as the landlord has us with our deposit which we needed and i'm sure everyone here has heard horror stories about deposits. I think a 3rd party holding system for deposits should have been introduced years ago but that's a different story

Ultimately we were never going to do anything about the fact he was selling but it was such a nightmare knowing that if we dragged our heels in, then he could do the same with deposit. He was a good landlord to that point but it went dramatically downhill fast at that point. We luckily found a place within a week but he wouldn't let us leave even 1 day early and held us for the 30 days despite it being in his interest that we vacate and took rent right up that very last day too. Very un-accommodating.

If you get agreement that the last month is withheld for the deposit, then hopefully you get sorted soon

PRTB for me were useless, they told me that I should insist on 56 days notice but I knew full well in doing that would hold up the landlord and I know its his problem, but he could make the deposit my problem

davo10

4ensic15 wrote: »

If the place has been sold, then the new owners are the landlord. If not, then your landlord can't sell without giving vacant possession. Landlord references are rarely worth the paper they are written on so it should not be a consideration.

Wrong on all counts. Vacant possession is preferable but not a requirement, particularly if the new owner is a cash buyer.

LL references are essential, most if not all LLs now check them as no LL wants to risk letting to a bad tenant.

pc7

davo10 wrote: »

LL references are essential, most if not all LLs now check them as no LL wants to risk letting to a bad tenant.

I check all references, facebook, twitter etc. to see if they are party animals, some are very surprised to be turned down based on the fact they are lying in vomit on the fb page when drunk!

Claw Hammer

davo10 wrote: »

Wrong on all counts. Vacant possession is preferable but not a requirement, particularly if the new owner is a cash buyer.

LL references are essential, most if not all LLs now check them as no LL wants to risk letting to a bad tenant.

If the new owner is getting a mortgage vacant possession is essential. If they are going to move in it is most unlikley that, even as cash buyers, they would take their chances on getting a tenant out. It is highly unpredictable how long they might be waiting. In my experience references are mostly ignored. It is easy to explain that the last place was sold. If there are 4 years of utility bills most landlords would accept that as evidence of stability.
From what I can see the O/p has been told to pack and go.

padyjoe

There's a heap of information in this thread! Thank you! The apartment will be sold to an organisation, not to a private person(s). (For some strange reasons this 'company' for re-settling people and I'll be unsettled this way. Sad! :-(((