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Landlord selling house

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  • 06-05-2017 6:18pm
    #1
    Trucker71
    Registered Users Posts: 6 ✭


    Just wondering my landlord is selling his house and has given me the relevant notice, if I move before the notice can he then take it off the market after a month and put it back up for rent or does he still have to wait 3 months


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    #2
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    He has to reasonably plan to sell within 3 months. If he does not and rents it again he has to give you the opportunity to rent it.


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    #3
    Gamb!t
    Registered Users Posts: 1,387 ✭✭✭Gamb!t


    Baby01032012 wrote: »
    He has to reasonably plan to sell within 3 months. If he does not and rents it again he has to give you the opportunity to rent it.
    He can also up the rent in the new lease ?


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    #4
    mrslancaster
    Registered Users Posts: 1,814 ✭✭✭mrslancaster


    Baby01032012 wrote: »
    He has to reasonably plan to sell within 3 months. If he does not and rents it again he has to give you the opportunity to rent it.

    any info about this appreciated :(

    what does that mean exactly - is it just listing the property with an estate agent & viewings?

    what happens if it takes longer than 3 months to find a potential buyer, agree a sale and then go through all the legal stuff...

    suppose there was a delay, eg there could be a query on the title, or the buyer had a problem with the mortgage or had to pull out of the deal if their circumstances changed (job loss)

    how can it be guaranteed the property would be sold in 3 months?


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    #5
    Trucker71
    Registered Users Posts: 6 ✭Trucker71


    I have decided to move out before the 3 months notice he has given me, I don't think he is going to sell it, I think it's just cause rent was so low and wants higher rent

    So really what I want to know does the house have to be vacant for 3 months regardless of if I move out sooner, and in relation to one of the replies do I get 1st offer to rent it even if rent has increased


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    #6
    Trucker71
    Registered Users Posts: 6 ✭Trucker71


    Sorry just to add to it , does the landlord actively have to have house for sale for 3 months even if I move out sooner than notice


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    #7
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Baby01032012 wrote: »
    He has to reasonably plan to sell within 3 months. If he does not and rents it again he has to give you the opportunity to rent it.

    He's not obliged to offer it to the previous tenant, that is only for the three reasons of renovation, use by the landlord or family member, or change of use.

    OP, if you think it's an invalid termination you can take a dispute with the RTB. You may have to wait 3 months to ensure he has had time to sell it but hadn't done so and gather evidence of rental ads to support your case.


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    #8
    Trucker71
    Registered Users Posts: 6 ✭Trucker71


    Thanks for reply does he have to give it 3 months to sell before renting again


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    #9
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Trucker71 wrote: »
    Thanks for reply does he have to give it 3 months to sell before renting again

    The reason for termination must be intention to sell within three months. The courts have interpreted this as requiring the process to be advanced enough that the house will be sold within 3 months, i.e. he can't give notice if he just wants the tenant out to allow for viewings and test the market.

    However, we've also seen on the forum one person whose dispute was rejected by the RTB since 3 months hadn't passed and the landlord could still sell. This also ignored that the landlord had rented out the place again.

    Edit: this is a bit of a catch 22 for a dispute though since there's a time limit for opening a dispute and it will pass if you wait 3 months. Best to appeal with the RTB sooner.


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    #10
    Trucker71
    Registered Users Posts: 6 ✭Trucker71


    I'm moving out the end of may and I have a feeling they will rent as early as July , house just advertised for sale


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    #11
    wordofwarning
    Closed Accounts Posts: 697 ✭✭✭wordofwarning


    Trucker71 wrote: »
    I'm moving out the end of may and I have a feeling they will rent as early as July , house just advertised for sale

    So he has incurred the cost of advertising, paying an estate agent, leaving the house vacant for 3 months, wasting his limited time etc etc with the sole aim of increasing the rent? It seems a bit far reaching to assume it is just for a higher rent.


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    #12
    [Deleted User]
    Posts: 17,728 ✭✭✭✭ [Deleted User]


    mrslancaster wrote: »
    .........

    how can it be guaranteed the property would be sold in 3 months?

    there is no requirment that it is.


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    #13
    Trucker71
    Registered Users Posts: 6 ✭Trucker71


    If I move out early do they still need to wait 3 months before renting again? Does the rules still apply or are they not applicable cause I moved out


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    #14
    mrslancaster
    Registered Users Posts: 1,814 ✭✭✭mrslancaster


    Augeo wrote: »
    there is no requirment that it is.

    so is it just an intention to sell? if any problem or delay happens and the house is not sold for whatever reason, is the owner free to let it again? just curious how this works


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    #15
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Find a new place and move on and don't be worrying about it. Look you were renting a place, it was always going to be a temporary thing and you would have had to move out sooner or later.


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    #16
    [Deleted User]
    Posts: 17,728 ✭✭✭✭ [Deleted User]


    mrslancaster wrote: »
    so is it just an intention to sell? if any problem or delay happens and the house is not sold for whatever reason, is the owner free to let it again? just curious how this works

    Of course they are.


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    #17
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Augeo wrote: »
    Of course they are.

    Yes they are allowed. The details of any dispute would need to be heard by the RTB to determine whether it was or wasn't a legitimate reason for termination. If a landlord were to go to a dispute with evidence of viewings, a fallen through sale, and reletting, the RTB would not be able to say they had no intention to transfer ownership. If however that does not exist and the tenant presents evidence that the landlord just relet the place after they moved out, then the RTB could find it an illegal termination. It all comes down to the individual details of the case.


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