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Trying to view a house for sale which is occupied by tenant

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  • 19-11-2016 7:59pm
    #1
    kala85
    Registered Users Posts: 1,894 ✭✭✭


    I'm trying to view a house which is for sale and I might want to buy. The house is rented to a tenant.

    The house is rented at the moment and the tenant is reluctant to allow a viewing to take place.

    What is the situation here . Can the tenant stop the owner from showing the house and for how long.


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    #2
    Mrs OBumble
    Registered Users Posts: 25,965 ✭✭✭✭Mrs OBumble


    Yes. For as long as their tenancy lasts.


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    #3
    kala85
    Registered Users Posts: 1,894 ✭✭✭kala85


    Is there anything to stop the owner showing the house with the tenant in it.

    Or is it purely down to the tenant. Does the owner have any rights or can they legally show the house if the tenant doesnt want to.

    Do they have to wait until the tenancy and notice period has fully expired.


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    #4
    Skatedude
    Registered Users Posts: 2,674 ✭✭✭Skatedude


    kala85 wrote: »
    Is there anything to stop the owner showing the house with the tenant in it.

    Or is it purely down to the tenant. Does the owner have any rights or can they legally show the house if the tenant doesnt want to.

    Do they have to wait until the tenancy and notice period has fully expired.

    Yes, the tenant has their rights, including privacy etc. the landlord cannot enter the property without arranging it in advance with the tenant unless it's an emergency.

    There's way more rules, but that's the basic one here.


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    #5
    Hopeful2016
    Closed Accounts Posts: 430 ✭✭Hopeful2016


    M

    Then you can cross your fingers they don't over hold or stop paying the rent altogether while it takes 12 months to get rid of them. What's good for the goose....


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    #6
    theteal
    Registered Users Posts: 7,593 ✭✭✭theteal


    How long has the tenant been there? Part 4 in play?
    Tenant knows rights and already being obtuse.

    Could get messy. Run OP


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    #7
    Head Wreck
    Banned (with Prison Access) Posts: 150 ✭✭Head Wreck


    km991148 wrote:
    bit harsh? we dont even know for sure if the tenant is being awkward - or maybe just too busy to allow it as they are now scrambling to find a new home themselves (or any other of a thousand reasons..)


    OP says that the tenant is causing the hold up and is reluctant to allow a viewing..

    A viewing takes 30-60mins Max at a time that suits tenant.


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    #8
    One_Of_Shanks
    Closed Accounts Posts: 2,436 ✭✭✭One_Of_Shanks


    The tenant lives there so they have plenty of rights and can make viewings awkward to arrange if they choose to.

    Ideally the landlord and tenant would chat and reach an understanding but that's not always the case.

    We were viewing a place in malahide a good few years ago and kept getting cancelled and then we eventually got to see it and the tenant was ironing and had pretty obviously deliberately fecked under-wear and towels everywhere to make it less appealing.

    It worked! We ran a mile!

    Really the seller needs to sort it out or you should move on and avoid any unnecessary nonsense.


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    #9
    Hopeful2016
    Closed Accounts Posts: 430 ✭✭Hopeful2016


    Pawwed Rig wrote: »
    Not the OPs problem.

    It'll 100% be their problem if they are hoping to buy.


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    #10
    Edups
    Closed Accounts Posts: 678 ✭✭✭Edups


    Head Wreck wrote: »
    If you do get the house I hope you feel great pleasure in evicting, or hiking up the rent on this tenant.

    Your username is fitting.


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    #11
    Edups
    Closed Accounts Posts: 678 ✭✭✭Edups


    Hopeful2016 wrote: »
    It'll 100% be their problem if they are hoping to buy.

    No it isn't? They can buy whatever house is on the market, if they like it then they can buy it. Why would a tenant moving out because a landlord chooses to sell a house and the buyer wanting the house for themselves anyway their problem? Some people need to think before they type.


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    #12
    Hopeful2016
    Closed Accounts Posts: 430 ✭✭Hopeful2016


    Edups wrote: »
    No it isn't? They can buy whatever house is on the market, if they like it then they can buy it. Why would a tenant moving out because a landlord chooses to sell a house and the buyer wanting the house for themselves anyway their problem? Some people need to think before they type.

    Because the tenant may refuse to move out and you only have to do a search on this forum to see how long it can take to force them. Yes some people certainly need to think before they type.


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    #13
    Edups
    Closed Accounts Posts: 678 ✭✭✭Edups


    Hopeful2016 wrote: »
    Because the tenant may refuse to move out and you only have to do a search on this forum to see how long it can take to force them. Yes some people certainly need to think before they type.

    That doesn't count when a house changes hands. The contract is with the landlord the new owner has no such contract and the RTB won't have any jurisdiction.

    Should they refuse to leave you wait till they go to work and you change the locks. It's not the OPs tenant.


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    #14
    Hopeful2016
    Closed Accounts Posts: 430 ✭✭Hopeful2016


    Edups wrote: »
    That doesn't count when a house changes hands. The contract is with the landlord the new owner has no such contract and the RTB won't have any jurisdiction.

    Should they refuse to leave you wait till they go to work and you change the locks. It's not the OPs tenant.

    Oh the naivety. A fixed term lease is binding on the new owner.

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


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    #15
    Edups
    Closed Accounts Posts: 678 ✭✭✭Edups


    Hopeful2016 wrote: »
    Oh the naivety. A fixed term lease is binding on the new owner.

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

    There isn't anything there about a new house owner becoming responsible for a tenant. That is still the landlords issue wanna try again?


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    #16
    Ginger83
    Registered Users Posts: 3,517 ✭✭✭Ginger83


    Hopeful2016 wrote: »
    Oh the naivety. A fixed term lease is binding on the new owner.

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


    Pay the fine and move on...cheaper in the long run and upset for the tenant


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    #17
    Hopeful2016
    Closed Accounts Posts: 430 ✭✭Hopeful2016


    Edups wrote: »
    There isn't anything there about a new house owner becoming responsible for a tenant. That is still the landlords issue wanna try again?

    What are you talking about? A fixed term lease cannot be terminated because the landlord intends to sell, it carries over to the new owner. You clearly don't know what you're talking about and this will be my last response indulging you.


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    #18
    km991148
    Registered Users Posts: 4,275 ✭✭✭km991148


    Head Wreck wrote: »
    OP says that the tenant is causing the hold up and is reluctant to allow a viewing..

    A viewing takes 30-60mins Max at a time that suits tenant.

    says the tenant is reluctant, but this could be 2nd or 3rd hand via the current owner and agent etc..


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    #19
    Edups
    Closed Accounts Posts: 678 ✭✭✭Edups


    Hopeful2016 wrote: »
    What are you talking about? A fixed term lease cannot be terminated because the landlord intends to sell, it carries over to the new owner. You clearly don't know what you're talking about and this will be my last response indulging you.

    There is not one mention that it carries over. Call it what you like if I bought a house with a tenant I'm not going to stay my move in just to suit someone elses problem. I'd like to see anyone try and stop me. The contract of tenancy is with the landlord prior and the tenant it has nothing to do with the OP. or anyone else who buys a house, there's no mention of that on the RTB website it mentions only that a landlord can't sell the house and throw the tenant out - the landlord can't - but the OP isn't the landlord.


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    #20
    Hopeful2016
    Closed Accounts Posts: 430 ✭✭Hopeful2016


    Edups wrote: »
    There is not one mention that it carries over. Call it what you like if I bought a house with a tenant I'm not going to stay my move in just to suit someone elses problem. I'd like to see anyone try and stop me. The contract of tenancy is with the landlord prior and the tenant it has nothing to do with the OP. or anyone else who buys a house, there's no mention of that on the RTB website it mentions only that a landlord can't sell the house and throw the tenant out - the landlord can't - but the OP isn't the landlord.

    Believe what you like and hope you are never in that situation as a LL or tenant because you haven't a clue.


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    #21
    Edups
    Closed Accounts Posts: 678 ✭✭✭Edups


    Hopeful2016 wrote: »
    Believe what you like and hope you are never in that situation as a LL or tenant because you haven't a clue.

    Who's gonna stop the OP?


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    #22
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Edups wrote: »
    Who's gonna stop the OP?

    Mod note

    More importantly, who's going to stop this thread? Me.

    The level of misinformation on this thread is astounding. OP I urge you to do proper research and not rely on Internet fora where people may be well meaning but misinformed.


This discussion has been closed.
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