Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

How long till I'm on the street?

Options
  • 19-01-2017 10:58pm
    #1
    Paddytheman
    Registered Users Posts: 271 ✭✭


    Property we are renting is sale agreed since November and landlord has said they will give us 6 weeks notice minimum but nothing as of yet. Just had a mail from EA asking to have the "bank valuer for purchase" access the property to assess it next week. Would this give any information on how far along the sale process is?


Comments

  • Options
    #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Paddytheman wrote: »
    Property we are renting is sale agreed since November and landlord has said they will give us 6 weeks notice minimum but nothing as of yet. Just had a mail from EA asking to have the "bank valuer for purchase" access the property to assess it next week. Would this give any information on how far along the sale process is?

    How long have you been in the property?


  • Options
    #3
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Paddytheman wrote: »
    Property we are renting is sale agreed since November and landlord has said they will give us 6 weeks notice minimum but nothing as of yet. Just had a mail from EA asking to have the "bank valuer for purchase" access the property to assess it next week. Would this give any information on how far along the sale process is?


    So sorry. I was facing the same situation but found somewhere and left. Had to move 200 miles..

    Please start looking?


  • Options
    #4
    Paddytheman
    Registered Users Posts: 271 ✭✭Paddytheman


    Been here for several years, am obviously in the process of buying ourselves but haven't secured anything yet. The landlords been very good to us and as we haven't found anything yet ourselves we have agreed to 6 weeks notice as the longer the sale drags on the more chance we have to solve our situation. Was just wondering if this "phase" of the sale would offer any idea on how long to completion?


  • Options
    #5
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Paddytheman wrote: »
    Been here for several years, am obviously in the process of buying ourselves but haven't secured anything yet. The landlords been very good to us and as we haven't found anything yet ourselves we have agreed to 6 weeks notice as the longer the sale drags on the more chance we have to solve our situation. Was just wondering if this "phase" of the sale would offer any idea on how long to completion?

    Have you looked at Part 4 Tenancy Rights? I would have had to be given 12 weeks notice after being there 4 years.


  • Options
    #6
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Hmm. November to end January is more than 2 months, and the lending bank is only now getting a valuation. That's already a bit on the slow side. No doubt the intervening Christmas has stretched things out a bit, but I'd expect the pace to pick up from here on. Anything could happen, but I'd guess you're likely to be looking at weeks, rather than months, before you get your six weeks' notice.


  • Advertisement
  • Options
    #7
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Notice periods vary based on length of tenancy. The number of years makes a huge difference but it is highly possible that 6 weeks is not long enough to meet the landlord's legal responsibility.


  • Options
    #8
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    athtrasna wrote: »
    Notice periods vary based on length of tenancy. The number of years makes a huge difference but it is highly possible that 6 weeks is not long enough to meet the landlord's legal responsibility.
    Not necessarily a good idea to point that out, though, since the landlord will likely respond by given immediate notice of whatever the minimum required period is.


  • Options
    #9
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Peregrinus wrote: »
    Not necessarily a good idea to point that out, though, since the landlord will likely respond by given immediate notice of whatever the minimum required period is.

    No need to point that out until notice is issued?


  • Options
    #10
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    True.

    On the other hand, the landlord is attempting to play fair here. He could have given notice as soon as he decided to sell the house, or as soon as the sale was agreed. He's going as far as he can to let the tenants stay as long as possible, and in committing to six weeks' notice of final termination he's accepting some disadvantage himself, since this may require him to defer closing his own sale until the six weeks has elapsed, even if it's otherwise ready to proceed, which may in turn annoy his purchaser.

    So, the landlord does seem to be going out of his way to accommodate the tenant for as long as possible. The tenant doesn't necessarily want to respond by taking advantage of this to defer the termination still further, given that the tenant has actually known since November that they need to find other accommodation.


  • Options
    #11
    Paddytheman
    Registered Users Posts: 271 ✭✭Paddytheman


    Not looking to play hardball on any legalities here, landlord has been fantastic over the years with no increase in rent and both parties have been open about our situation from the start.

    We have bids on properties but it looks like time is against us, short term contingency plan in place but just trying to get a grasp on how long the sale will take from here. I'm guessing there's no exact timeframe and every case is different?


  • Advertisement
  • Options
    #12
    Boater123
    Closed Accounts Posts: 312 ✭✭Boater123


    Shorter periods than those prescribed in the tenancy acts used to be acceptable if both parties agreed. Did this change in the latest amendments?
    Paddytheman wrote: »
    ......The landlords been very good to us and as we haven't found anything yet ourselves we have agreed to 6 weeks notice as.......


  • Options
    #13
    Ayuntamiento
    Registered Users Posts: 346 ✭✭Ayuntamiento


    Bank valuation is the step prior to formal loan offer. That paves the way for solicitors making contracts and setting a closing date. I'd imagine your 6wks notice will be starting soon barring any complications on the buyers side. Banks generally won't issue a mortgage on a property with sitting tenants so I'm not sure what's going on in your case...


  • Options
    #14
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Paddytheman wrote: »
    . . . We have bids on properties but it looks like time is against us, short term contingency plan in place but just trying to get a grasp on how long the sale will take from here. I'm guessing there's no exact timeframe and every case is different?
    Yes. All you can say with confidence is that you will have six weeks notice of the date you have to leave. How soon you get that notice depends on the progress of this particular transaction, so information about the average progress of transactions generally is not a huge amount of use to you. All you can say is, for what it's worth, that unless this transaction runs into a problem your likely to get that notice in weeks, not months.


  • Options
    #15
    Paddytheman
    Registered Users Posts: 271 ✭✭Paddytheman


    Ayuntamiento wrote: »
    Bank valuation is the step prior to formal loan offer. That paves the way for solicitors making contracts and setting a closing date. I'd imagine your 6wks notice will be starting soon barring any complications on the buyers side. Banks generally won't issue a mortgage on a property with sitting tenants so I'm not sure what's going on in your case...

    Bank valuation being the step prior to loan offer basically answerr my question, thanks.

    I'd read up on sitting tenants with regards properties we have bid on as they all seem to fall into this category, then speaking to a broker he said he has never actually had this delay a sale in 10 years so unsure how much of an issue it actually is?


Advertisement