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Selling a house- tenants are currently in the house

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  • 03-05-2018 2:47pm
    #1
    annalucia
    Registered Users Posts: 65 ✭✭


    Hi, tenants moved into the house last year on a 1 year lease which was up this month.
    How do you give notice? Do you need a solicitor to sign the notice of termination?
    When you get the deeds from the bank, do you need a soliticor to hold the deeds for you?

    Thanks


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    #2
    Wabbit Ears
    Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    short answer to the first one is, assuming they rent the house/apartment and you dont live with them, you cant. there is no such thing as a 1 year lease in reality as they are now part 4 tenants and under no obligation to renew the lease. You cant evict them by simply saying "your lease is up, out you go"

    the deeds question is anothe rtopic altogether that im not sure of so wont comment

    edit: missed the selling bit in the title. yes, its a valid reason to terminate but follow the process to the letter as the lead times are longer then, lease is up, I'm selling, out you go at the end of the lease


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    #3
    NuMarvel
    Registered Users Posts: 3,279 ✭✭✭NuMarvel


    There's information on ending a tenancy on the RTB's website here: https://onestopshop.rtb.ie/ending-a-tenancy/.

    From what I can see, selling the house is one of the grounds for ending a tenancy, and the notice period is either 35 or 42 days depending on which side of the 1 year anniversary date you provide the notification to terminate.

    There are other requirements as well, including providing a statutory notification with the notice to terminate, so I'd suggest reading in detail what your responsibilities are before issuing the notification. Get in touch with the RTB as well. It's better to get this right first time.

    All this is assuming the tenants haven't been offered and accepted a new lease. If they have, then your grounds for terminating are very limited.

    Can't tell you anything about the deeds, sorry.


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    #4
    annalucia
    Registered Users Posts: 65 ✭✭annalucia


    I understand the notice period is 6 weeks. How do you inform the tenants when you want to sell


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    #5
    annalucia
    Registered Users Posts: 65 ✭✭annalucia


    Do you need the solicitor to sign the letter of notice?


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    #6
    ross2010
    Registered Users Posts: 67 ✭✭ross2010


    You can do it yourself but if you are selling you will need to do a declaration in addition to the notice period. So much room for error which will render notice invalid. So I'd use a solicitor to ensure its done correctly.


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    #7
    ross2010
    Registered Users Posts: 67 ✭✭ross2010


    As regards deeds no bank will release them to you if there is a mortgage. They will release them to your Solicitor as they will do an undertaking.


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