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Valuation

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  • 23-02-2021 8:04pm
    #1
    Vahevala
    Registered Users Posts: 1,681 ✭✭✭


    Hi All,

    I'm looking for some advice, I've been renting a place for more than 10 years now and my LL has told me two weeks ago that He wants to get a valuation done on the place and here we are 2 weeks later with no valuation date in place. I'm not even sure what his true intentions are.

    I'm presuming that the end result will be me leaving, I feel sick all the time and anxious because nothing is set in stone and I've been left very much up in the air, as I rent alone, I'll either have to consider moving back home or look into a share (something that I've never done before). How much notice will I get if I do have to leave, I believe that the time won't start ticking until the eviction ban is lifted.


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    #2
    Sleeper12
    Registered Users Posts: 17,059 ✭✭✭✭Sleeper12


    Valuation could be for insurance purposes or he could be getting a mortgage /loan. Obviously he could also be selling.

    If you are there 10 years then you must be a good tenant and him a good landlord. Why not just ask him what he has planned? A simple conversation might put your mind at ease. He won't see you as being nosey.


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    #3
    xElDeeX
    Registered Users Posts: 142 ✭✭xElDeeX


    Vahevala wrote: »
    Hi All,

    I'm looking for some advice, I've been renting a place for more than 10 years now and my LL has told me two weeks ago that He wants to get a valuation done on the place and here we are 2 weeks later with no valuation date in place. I'm not even sure what his true intentions are.

    I'm presuming that the end result will be me leaving, I feel sick all the time and anxious because nothing is set in stone and I've been left very much up in the air, as I rent alone, I'll either have to consider moving back home or look into a share (something that I've never done before). How much notice will I get if I do have to leave, I believe that the time won't start ticking until the eviction ban is lifted.

    Hi
    I'm a reluctant landlord looking to sell so I can answer this one for you. You are correct that the clock will not start ticking until the end of level 5....so looking like Easter Monday at earliest. From then you will have a certain number of days based on how long you have been in the property. Given how long you are there it will be at least 200 days. Go to the PTRB website to check those days out based on your length of tenancy. Hope that helps and that you find somewhere even better.


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    #4
    ted1
    Registered Users Posts: 23,515 ✭✭✭✭ted1


    I’ve got houses valued over the years , solely with the intent of moving mortgages. Even moving to a lower LTV requires a valuation.


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    #5
    xElDeeX
    Registered Users Posts: 142 ✭✭xElDeeX


    Oh and they have to give you written notice of termination with your notice period on it and a signed notarised declaration that they will be selling within 9 months.


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    #6
    Dav010
    Registered Users Posts: 14,516 ✭✭✭✭Dav010


    xElDeeX wrote: »
    Oh and they have to give you written notice of termination with your notice period on it and a signed notarised declaration that they will be selling within 9 months.

    It’s 224 days if tenant is there over 8 yrs.


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    #7
    xElDeeX
    Registered Users Posts: 142 ✭✭xElDeeX


    Dav010 wrote: »
    It’s 224 days if tenant is there over 8 yrs.

    Wasn't sure of the exact termination notice days. The nine months bit is regarding the landlord intention to sell within 9 months from the written notification.


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    #8
    Vahevala
    Registered Users Posts: 1,681 ✭✭✭Vahevala


    Thanks everyone. I tried talking to him about it and He said that He's contemplating selling and wants to know where He stands. The rent where I am is very low so that's another reason for it.

    The waiting around is so frustrating and probably the hardest aspect to all this. He even offered it to me to buy.


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    #9
    Dav010
    Registered Users Posts: 14,516 ✭✭✭✭Dav010


    Vahevala wrote: »
    Thanks everyone. I tried talking to him about it and He said that He's contemplating selling and wants to know where He stands. The rent where I am is very low so that's another reason for it.

    The waiting around is so frustrating and probably the hardest aspect to all this. He even offered it to me to buy.

    Are you in a position to buy?

    Given what he has told you, unfortunately you will have to accept that sometime later this year or early next ( taking into account restrictions on terminations will likely be limited until the summer), you will have to find a new place to live.

    If there is some good news, currently the rental market is better for tenants than it has been for some time as there are more rentals advertised. Keep an eye out for one that appeals to you, as the country reopens later in the year, demand may increase so finding somewhere you like may become more difficult.


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    #10
    Vahevala
    Registered Users Posts: 1,681 ✭✭✭Vahevala


    Update on this, I met with my landlord this week and still no valuation date set. I think that they don't really know what they will do so I'm waiting again to hear back from them. It's just annoying because 3 weeks later, I'm no further forward but time will tell I suppose.

    Unfortunately I'm not in a position to buy.


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    #11
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    xElDeeX wrote: »
    Oh and they have to give you written notice of termination with your notice period on it and a signed notarised declaration that they will be selling within 9 months.

    It doesn't have to be notarised.


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    #12
    meijin
    Registered Users Posts: 1,266 ✭✭✭meijin


    Claw Hammer wrote: »
    It doesn't have to be notarised.

    Are you misleading on purpose, or just nitpicking about the way it was phrased?

    https://www.rtb.ie/ending-a-tenancy/sample-notices-of-termination
    Where a landlord intends to sell the property within 9 months of terminating the tenancy, a Statutory Declaration must accompany the Notice of Termination confirming this intention.
    A Statutory Declaration must take a specific format and must be signed in the presence of a Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner.

    https://www.thefreedictionary.com/notarised
    notarize: To certify or attest to (the validity of a signature on a document, for example) as a notary public.


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    #13
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    meijin wrote: »
    Are you misleading on purpose, or just nitpicking about the way it was phrased?

    https://www.rtb.ie/ending-a-tenancy/sample-notices-of-termination





    https://www.thefreedictionary.com/notarised

    A commisisoner of oaths only attests to the validity of the signature only. A notary attests to the validtity of the document itself. It is far more expensive to engage a notary public than a commissioner for oaths/solicitor.
    Notarising and witnessing a signature are two different things. One has to be done, the other doesn't.
    For some purposes only a notarised document is acceptable but statutory declarations under the RTA are not one of them,


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    #14
    Vahevala
    Registered Users Posts: 1,681 ✭✭✭Vahevala


    Just an update on this. Things have taken a turn for the worse and have turned quite sour. The landlord has come back to me backtracking on selling and is going down the route of threats. He mentioned to me that there was a rule of if I'm not living in the property for 28 days and not easily contactable (which is a lie as I'm easily contactable) - that is grounds to remove me (I rang RTB and threshold and neither are aware of this) - I'm in between two houses due to caring for elderly parents due to COVID.

    He wanted to put up the rent 4% without giving me notice in writing and without 90 days notice. I'm fighting this. He also wanted me to sign a contract which I will refuse to do.

    I'm not sure if it's best to just cut my losses here and just leave, I may try and hold out till the 5km rule is lifted and then give notice (that gives me the 3 months notice to clear out all my stuff) It's so horrible as I've been here for so long and always paid my rent on time but He's bitter about the low rent that He's getting.


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    #15
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Vahevala wrote: »
    J He's bitter about the low rent that He's getting.

    Why wouldn't he be?


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    #16
    Vahevala
    Registered Users Posts: 1,681 ✭✭✭Vahevala


    Claw Hammer wrote: »
    Why wouldn't he be?

    He may be bitter, He didn't up the rent when He had the opportunity and that was his issue not mine, but that doesn't mean that He can ignore all the rules that are in place.


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    #17
    Dav010
    Registered Users Posts: 14,516 ✭✭✭✭Dav010


    Vahevala wrote: »
    He may be bitter, He didn't up the rent when He had the opportunity and that was his issue not mine, but that doesn't mean that He can ignore all the rules that are in place.

    Is God your LL?


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    #18
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Vahevala wrote: »
    He may be bitter, He didn't up the rent when He had the opportunity and that was his issue not mine, but that doesn't mean that He can ignore all the rules that are in place.

    I am asking why he wouldn't be bitter, not whether he can ignore rules.


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    #19
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Vahevala wrote: »
    Just an update on this. Things have taken a turn for the worse and have turned quite sour. The landlord has come back to me backtracking on selling and is going down the route of threats. He mentioned to me that there was a rule of if I'm not living in the property for 28 days and not easily contactable (which is a lie as I'm easily contactable) - that is grounds to remove me (I rang RTB and threshold and neither are aware of this) - I'm in between two houses due to caring for elderly parents due to COVID.

    He wanted to put up the rent 4% without giving me notice in writing and without 90 days notice. I'm fighting this. He also wanted me to sign a contract which I will refuse to do.

    I'm not sure if it's best to just cut my losses here and just leave, I may try and hold out till the 5km rule is lifted and then give notice (that gives me the 3 months notice to clear out all my stuff) It's so horrible as I've been here for so long and always paid my rent on time but He's bitter about the low rent that He's getting.

    As a landlord I’d say hold your ground, do not move. He has grounds to give you notice to leave or to increase rent if he’s not going to give required notice. He might be pissed at low rent but that’s his problem. I’ve had good and bad, great tenants good rent, tenants from hell no rent and over holding. He has to to suck it up.


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