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

Selling A Let Property

Options
  • 30-03-2017 9:06pm
    #1
    jonnner
    Registered Users Posts: 221 ✭✭


    We currently have a tenant who has a part 4 lease which is up for renewal in early July (they will have been in the house 4 years on this date).
    We're looking to sell the property around that time (probably late July or August due to holidays).
    We thought we would be fine to give 3 months notice now, but we rang the PRTB and they said we need to wait until the end of the tenancy to then give 3 months notice. Surely this is wrong?


Comments

  • Options
    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Yes it is, AFAIK anyway. Speak to your solicitor.


  • Options
    #3
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    jonnner wrote: »
    We currently have a tenant who has a part 4 lease which is up for renewal in early July (they will have been in the house 4 years on this date).
    We're looking to sell the property around that time (probably late July or August due to holidays).
    We thought we would be fine to give 3 months notice now, but we rang the PRTB and they said we need to wait until the end of the tenancy to then give 3 months notice. Surely this is wrong?

    They are not wrong, as it is an annual lease you are both bound by the date. Put it this way, if they wanted to leave and you had no tennants, you would look for the rent.

    It's a tennant game now, but the rule is wait till contract is over,then issue notice. They may not listen also


  • Options
    #4
    jonnner
    Registered Users Posts: 221 ✭✭jonnner


    allibastor wrote: »
    They are not wrong, as it is an annual lease you are both bound by the date. Put it this way, if they wanted to leave and you had no tennants, you would look for the rent.

    It's a tennant game now, but the rule is wait till contract is over,then issue notice. They may not listen also

    No if they wanted to leave I would let them go without persuing the rent. I've let the house for 10 years to different people on rent allowance. Every one of them left during a lease and we didn't chase it. During that time we also had instances of Social Welfare reducing the rent and therefore breaking the terms of the lease. We let that go too. Now the rent is about 30% below market rate and we can only put it up 4% every 2 years. We just want the sell the house now and forget about it, even if it makes a loss.

    According to citizensinformation.ie you can be asked to leave:
    "If the landlord intends to sell the property within 3 months (Sections 38, 39 and 40 of the 2016 Act provide for amendments to the rules on termination due to intention to sell. These amendments are not yet in effect.)"

    We just want out of this nonsense but we want to do it the right way.
    Has anyone else any experience of this or know what sections 38, 39 and 40 of the 2016 act relate to?


  • Options
    #5
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    jonnner wrote: »
    No if they wanted to leave I would let them go without persuing the rent. I've let the house for 10 years to different people on rent allowance. Every one of them left during a lease and we didn't chase it. During that time we also had instances of Social Welfare reducing the rent and therefore breaking the terms of the lease. We let that go too. Now the rent is about 30% below market rate and we can only put it up 4% every 2 years. We just want the sell the house now and forget about it, even if it makes a loss.

    According to citizensinformation.ie you can be asked to leave:
    "If the landlord intends to sell the property within 3 months (Sections 38, 39 and 40 of the 2016 Act provide for amendments to the rules on termination due to intention to sell. These amendments are not yet in effect.)"

    We just want out of this nonsense but we want to do it the right way.
    Has anyone else any experience of this or know what sections 38, 39 and 40 of the 2016 act relate to?

    Basically it will require that ll's sell with tenants in situ unless they can prove that the selling price cannot be achieved with the tenant in situ.

    You are free to put the house on the market now and give notice during the 1st 6 months of the further part 4 tenancy or if you have a buyer in mind and can be confident you can complete the sale within 3 months, you can give notice under section 42.


Advertisement