Landlord selling house, what's my rights?

GGTrek

davo2001 wrote: »

We have never received any notices, only a renewal in 2015 asking if we are happy to stay for another 12 month period at X per month.

Look at this thread that shows the very limited knowledge of RTA on the matter of one of the posters that has been frequently answering you in this thread:
https://www.boards.ie/b/thread/2057614807
It looks very similar to your case, then my following question would be when did your first lease start? You see you gave too few details in your post and again the content of the lease is unknown so the question about: "do I have to allow viewings?" is impossible to answer, it depends on the content of the Tenancy agreement.

Graham

GGTrek wrote: »

Do not assume that you have 168 days notice just from the suggestions in this forum, a lot of the posters above have no clue about the RTA and they just shoot with their limited knowledge (in the first two pages of this thread they even missed the statutory declaration requirement!), if you want to go the legal way my suggestion is to go to a solicitor with experience in Tenancy law. If the Landlord gave you proper notice of termination on your previous lease and then you signed a 12 months fixed lease starting in April 2015, then the poster who says that Further Part 4 rights supercede the lease is dead wrong, you might not have Further Part 4 rights, only Part 4 rights so no 168 days but only 42, others did not even bother to look at the fact that you have a new Part 4 lease. You need to present to the solicitor: (a) your previous lease (b) the notices you received over the past 7 years from your landlord (c) your current lease. Only in this way you will receive proper legal advice (it may cost you 100-200 EUR but might be worth it). If needed PM me and I can give you the details of the solicitor that took the High Court case against the landlord that wanted to terminate due to sale. I believe the case was mentioned and discussed in this forum. The case at the High Court with respect to termination due to sale of property is Hennessy -v- PRTB. Also be very careful about what they say about notice being invalid, the section 64A of the RTA can invalidate non materially relevant errors in the notice and the people deciding if it is material or not are the RTB Tribunal or worst case the judges. As I said it is very complex and you cannot just rely on the sometimes well intentioned but plain wrong advice of some of the posters. These where the conclusions of the High Court Judge in the recent case: "45. Therefore, I will allow the appeal and answer the question therein raised as follows: A notice of termination served by a landlord who intends to sell the premises the subject matter of a Part 4 tenancy must contain a statement of the grounds contained in the s.34, namely, that the landlord intends to enter into a binding contract for sale within three months of the termination of the tenancy and to enter into a enforceable agreement for the transfer for full consideration of his or her interest in the premises. Variations may arise if the landlord intends to sell a premises comprising an area greater than that the subject matter of the Part 4 tenancy but that factual situation did not arise in this case. The notice does not require to be expressed in the precise form of the statutory provisions, but the information cited must sufficiently identify that the intention is to conclude a contract for sale within three months."

Seriously?? Trying to pull the relevant pieces out of that wall of text is almost impossible. Allow me to introduce you to paragraphs.

I would be interested in seeing anything to support your suggestion that a second Part 4 tenancy resets the clock even had the OP received notice at the end of the first 4 years (which he hadn't).

Here's an example from the RTB of a valid notice of termination 6 months into a further part 4: Terminating a Tenancy During the first 6 Months of a Further Part 4

You will notice that the notice period is 112 days as per the Residential tenancies Act (Amendment) 2015 for tenancies of more than 5 but less than 4 years. The clock has not reset on the tenancy.

1moreyr

Ring Threshold and get some proper legal advice (free). As it stands the notice is incorrect and you could take a case with the RTB (for incorrect notice of termination).

I would have thought that regardless of when you signed your last lease you have been there 7 yrs and are entitled to the 24 weeks (if below 7 yrs or 28 weeks if 7-8yrs). Best check with Threshold, they are excellent.

Graham

So as not to derail the thread further (as it doesn't apply to the OP). I have started a thread in the legal discussion forum discussing hypothetically if a tenant can be deprived of their Part 4/Further Part 4 rights by issuing a valid termination notice and subsequently allowing the occupation by the tenant to continue.

athtrasna

Mod note

Legal advice may not be given on boards. There is so much legal advice, both correct and horrifically incorrect on this thread it's scary!

OP if you have any solicitor friends or family I'd be having a word with them. A poster here advised Threshold, in theory they are great but in reality there are plenty of examples of incorrect advice given by them on this forum in recent years.

As another poster said, the time you have lived in the property is key. A person with proper knowledge of the legislation will be able to advise you on that v the random one year lease last year. Alas not on this forum