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Can landlord sell mid lease?

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  • 14-03-2021 8:42pm
    #1
    Kiith
    Moderators, Computer Games Moderators Posts: 23,172 Mod ✭✭✭✭


    Hi, just wondering if anyone call tell me if a landlord is able to sell their property mid lease?

    We moved to a house in Kerry in January, and they just removed the For Sale sign outside and the house is now gone from their website. I haven't confirmed it yet, and will call them in the morning, but can they kick us out before our lease ends? We've got a 12 month contract, and i'd assumed we were safe enough till Jan 2022.

    From what i read here, if we have a fixed lease (i.e. the 12 month one we have), they can't terminate the lease till the end of the contract, barring major issues on our side (of which there will be none).

    https://www.threshold.ie/advice/ending-a-tenancy/how-your-landlord-may-end-your-tenancy/

    Sorry if this is obvious, but my wife is 3 months pregnant, and i need to be sure that we won't have to be looking for a new place in the next few months.


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    #2
    PetitPois89
    Registered Users Posts: 99 ✭✭PetitPois89


    If there is a fixed term tenancy in place, which you have mentioned there is. They can serve a notice of termination however the notice must expire after the end of the fixed term period.


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    #3
    Smee_Again
    Registered Users Posts: 2,036 ✭✭✭Smee_Again


    Not being smart but what’s in your lease about break clauses? Any mention of selling as a valid reason?


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    #4
    Dav010
    Registered Users Posts: 14,516 ✭✭✭✭Dav010


    The answer to your question is, yes, your LL can sell during a fixed lease, the property is sold with a sitting tenant. The new owner may be an investor buying the property for rental, or they may be planning to live there. As you have a fixed term, and assuming you do not have a break clause (check your lease, there may be a break given that the property was on the market when you moved in), the earliest the old/new owner can terminate your lease is at the end of the term.

    If it has been sold and the new owner does want to move in when your term is up, might be worth keeping an eye out for another property you like, moving with a three month old may not be much fun either.

    The other possibility is, the current owner took the property off the market as he/she has a tenant until next year and most banks want vacant possession for a mortgage.


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    #5
    Kiith
    Moderators, Computer Games Moderators Posts: 23,172 Mod ✭✭✭✭Kiith


    Cheers all, checked the lease last night and there's nothing in there about a break due to selling.

    I'll give them a call anyway i think, just to give myself some peace of mind.


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    #6
    thegills
    Registered Users Posts: 1,802 ✭✭✭thegills


    If the house was for sale when you signed the 12 month contract. Seems strange the LL wouldn't protect themselves


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    #7
    davo2001
    Registered Users Posts: 3,318 ✭✭✭davo2001


    If the house was sold then 99% of the time there would be a "Sale Agreed" sign placed over it and on the website.

    Hopefully (for you), they have just removed the sale altogether.


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    #8
    Kiith
    Moderators, Computer Games Moderators Posts: 23,172 Mod ✭✭✭✭Kiith


    Yeah, there are a few houses with "Sale Agreed" (or similar) on the site, where as this is not there at all, so maybe it is just that.


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