Landlord Selling

wayne25

Pkiernan wrote: »

Funny how the OP is annoyed at a landlord who is following the exact letter of the law, and yet wants to open a frivolous RTB complaint to delay the lawful termination of tenancy; and to add insult wants to give just 4 weeks notice instead of the legally required 42 days.

Little bit hypocritical.

I've filed nothing merely asked for advice.
If we're being legally evicted at a drop of a hat to leave, 4 or 5 or 6 weeks early is in my rights to do so. 5 months is taken lawfully off me yet if I wanna go at 4 weeks notice I'm a criminal?

Samuel T. Cogley

No, have to agree there OP, a decent LL should allow you to leave as soon as you find a place.

Fol20

wayne25 wrote: »

I handed in no notice. It was issued to me so your comparison is silly. My point is again, that a lease should be the full term. 8 months remained on mine and that should be the case in selling up in July 19. and having some sort of respect to people who've looked after and paid rent timely, we're talking an extra 5 months here.

Leases don’t mean much in Ireland. They should but they don’t. I would like it if once you sign a contract your locked in for the term and tenants are liable for the entire term that can be actually enforceable. If a tenant signs a contract and leaves after 1 month. Ll have to let the place as soon as possible to mitigate losses and refund the deposit minus fees for lost rent. You would think at a minimum they loose the deposit but nope. It’s not how it works here.

runawaybishop

wayne25 wrote: »

I handed in no notice. It was issued to me so your comparison is silly. My point is again, that a lease should be the full term. 8 months remained on mine and that should be the case in selling up in July 19. and having some sort of respect to people who've looked after and paid rent timely, we're talking an extra 5 months here.

But as far as the LL is concerned you don't have a lease. Get on to the agency.

Also paying your rent on time isn't something that should be considered special.

wayne25

runawaybishop wrote: »

But as far as the LL is concerned you don't have a lease. Get on to the agency.

Also paying your rent on time isn't something that should be considered special.

Not at all my POINT is there's many that mess lls around with rent so thats all I meant by that point. And many also leave places in a jock. Although the positive is I'll be 6.5k up leaving in Feb. Outta the renting madness.

handlemaster

wayne25 wrote: »

jimwallace197 wrote: »

Yes, of course, the landlords and agents should help you fully because you cant find a place by yourself to rent for the current market rate.

History has shown us that any government intervention in the property market always has long negative impacts. Rent controls in NY being a good example.

How about taking some responsibility, removing the chip from your sholder and finding somewhere affordable to rent.

This not an affordability issue at all. It's the lack of giving a damn with turfin good decent tenants out without an after thought of the consequences and stress caused to people.

And I can tell you there is no chip, I have no issue with the sale as such, I've issue with not being allowed to continue a lease that was to last to July 2019 and only asked to be continued in late June along with a rent increase which we'd no issue.

How many tenants have left a contract Early and paid nothing ?

Sheep Shagger

Claw Hammer wrote: »

There is nothing to stop you opening a dispute with the RTB claiming that the landlord is attempting to terminate a fixed term lease. Once you open a dispute the Tenancy continues. You can keep going through an appeal if necessary. You should be easily able to get the full balance of your 12 months.

This is why so many landlords are getting out of being a LL it really isn't worth the hassle. It's his house, he wants to sell and has given you more than the statutory notice. Put yourself in his shoes.

The_Conductor

Wayne- unless you sign a new lease- your tenancy is governed under the provisions of a Part IV tenancy- under the Residential Tenancies Act.
It actually has a lot of rights associated with it- such as the aforementioned notice periods etc.

In this instance- as the landlord has given you ample notice (signfiicantly longer notice than they are required to do so)- I honestly can't see how/why they wouldn't agree to meet you half way- if you decided you wanted to move out in advance of your required 42 days notice. While it is a business- most people, tenants and landlords, are human- and will try to find common ground with one another.

It sounds, from what you describe, as if you had a 1 year lease. The lease elapsed. The landlord increased the rent by 4% (or less)- as per the regulation- and rather than sign a new lease- you sent an e-mail to the managing agent saying you'd be happy to stay another year. Well, you're on a Part IV tenancy- not a subsequent fixed term lease- unless you sign a formal fixed term lease- your tenancy moves to Part IV provisions- regardless of what was in the original fixed term lease.

I fully get- you don't want to move- none of us do- but throwing a frivolous suit into the RTB just to frustrate the notice (which was extremely generous notice)- isn't going to achieve anything.

The landlord went the extra mile- giving you such long notice- they tried to be as accommodating as possible.
The landlord cannot sell the unit with a sitting tenant- as its impossible for any prospective buyer to get a mortgage on a rental unit- without vacant possession (because of tenants throwing frivolous suits around the place- not dissimilar to yours).

There are plenty of instances where landlords are complete and utter shysters who don't know their arse from their elbow- and try to get away with doing all manner of things that are not allowable under the Act. There are also plenty of instances where tenants abuse the legislative and regulatory environment to try and frustrate a landlords rights under both property law and the Residential Tenancy Act. Throwing a strop because you don't want to move- and lobbing in vexatious cases and claims to the RTB- belongs to the latter category.

It is not fair or reasonable behaviour to abuse the protections afforded to tenants- to make a vexatious case against your landlord. What you are proposing to do- can only be described as vexatious in nature.

As you have already said you are seeking legal advice elsewhere- and have been talking to a solicitor friend of yours- we cannot allow this discussion continue any further.

I hope it works out for you.

Thread closed.