Landlord selling up?

Escapees

My absentee landlord has suddenly got in touch asking for permission for a BER assessor to access the apartment. He also wanted to confirm my details, how long I'd been here and the rent I pay (to him!), so as to do up a proper tenancy agreement. I presume this is a sure sign he is preparing to sell up, rather than just tying up loose ends?

Also, if I ask him verbally if he is selling, I presume the minimum notice period that must be served still applies to the actual written notice etc?

dennyk

Wanting a BER cert almost certainly means he's planning on selling the place (or he's planning to let it out to someone else...you in an RPZ and paying below market rent, by any chance, and/or coming up on the end of your current Part 4?). There's no other reason to get an assessment done at this point; even if he failed to provide you with the legally required one when you were a prospective tenant, it'd be a moot point now. I suppose it's remotely possible that the RTB have gotten onto him about failing to register or something and now he's freaking out about all the other rules he's breaking, but most likely he's selling the place in the near future.

Either way he'll still have to give you proper notice in the required format with the required notice period based on your length of tenancyThe notice period doesn't start until a fully valid notice has been served; him telling you or texting you or emailing you that he wants you out or that he's selling the place doesn't count.

(Speaking of rules, how "absentee" is he; does he live overseas and collect the rent himself directly rather than through an agent? If so, you're supposed to be withholding 20% of the total rent amount from your rent payments and submitting it to Revenue on his behalf. If that's the case and you haven't been doing so, Revenue will come after you for that tax money...)

Escapees

Bummer... Thanks for the thorough response. Yes, I'm in an RPZ area and paying below market rent! Only mid Part 4 so I reckon they just figure now is a good time to sell.

Landlord is in the country but tends to have no interest in the place - usually I just fix any probs myself. They actually own all the apts in this block, with the common areas never having been maintained or even cleaned in years. Always had the impression I could stop the monthly rent payments and that they wouldn't even notice!

Anyway, I'll try sussing with the BER assessor who is doing all the apts here -- they might be in the know...

dennyk

Hmm, if they own all of the apartments, it's possible they may be looking to sell as buy-to-lease with tenants in situ. That could explain why they're looking to get your actual lease agreement in order (assuming it isn't just to have everything right in case you tried to challenge a notice or something). In fact, if he's planning to sell the whole thing and there's 10 or more units in the block, the so-called "Tyrrelstown amendment" would apply and he'd have to provide evidence that the market value of those properties would be at least 20% less with an existing tenancy than with vacant possession in order to end those tenancies. No way to really know for sure what's going on unless you hear it from your landlord or until they serve you notice, though.

Escapees

Thanks again for the feedback. I'd considered the possibility that they might be selling with tenancies included, but anyone buying would be mad not to serve notice, refurbish and then jack up the rents.

I'll prepare for the worst but hope for the best!

4ensic15

Is there a vacant unit in the block? An apt can't be advertised for sale or rent without a BER. They might just be doing all units for the purpose of advertising a vacant unit to let.

Dav010

4ensic15 wrote: »

Is there a vacant unit in the block? An apt can't be advertised for sale or rent without a BER. They might just be doing all units for the purpose of advertising a vacant unit to let.

Why would a property owner pay for a BER rating if they weren’t planning to rent or sell?

Graham

Is it needed to renew the registration of a tenancy?

I see a BER is necessary to register a tenancy, I'm not sure if that's a recent thing.

Dav010

Graham wrote: »

Is it needed to renew the registration of a tenancy?

I see a BER is necessary to register a tenancy, I'm not sure if that's a recent thing.

RTB registration form “ BER (If any)”.

RTB sites says you need one to rent, not that you need one to renew.

Op, have you been there for 4 years?

4ensic15

Dav010 wrote: »

Why would a property owner pay for a BER rating if they weren’t planning to rent or sell?

The landlord owns the whole block. I asked if there was a vacant unit.

Dav010

4ensic15 wrote: »

The landlord owns the whole block. I asked if there was a vacant unit.

And? The only reason for getting a BER rating would be if the owner is either planning to advertise the ops property to sell or rent.

Escapees

Don't think there's any vacant apt here but I'll do some sussing when the BER assessor comes!

4ensic15

Dav010 wrote: »

And? The only reason for getting a BER rating would be if the owner is either planning to advertise the ops property to sell or rent.

If he was doing a BER on one unit he might do them all as a job lot.

Escapees

Update:

The BER assessor came and went but he didn't appear to know what the plan was. Landlord was in touch since looking for PPS numbers, presumably to get things in order and register the tenancies I guess. I joked in my response with the info that it looked very like he was preparing to sell up - haven't had a word back from him since, which I'm taking as confirmation!

Only thing I'm wondering now about is whether the block will be sold with all tenancies onboard or cleared before being put up for sale. Will wait and see...

Ray Palmer

I sounds very like they are just updating records. It seems like you are jumping to conclusions. The view that the BER accessor would know or tell you what the owner is thinking seems very strange. They would be doing something extremely unprofessional to tell you anything risking their reputation.

Escapees

Ray Palmer wrote: »

I sounds very like they are just updating records. It seems like you are jumping to conclusions. The view that the BER accessor would know or tell you what the owner is thinking seems very strange. They would be doing something extremely unprofessional to tell you anything risking their reputation.

There are more subtle ways of sussing these things with someone who might know than just asking straight out

Incidentally, some cleaners were in during the week to clean all the communal areas (a first time occurrence according to other tenants who have been here years!). This really looks to be more than just an updating of records...