Landlord selling house

You have to get a notary to issue notice to terminate tenancy?

Wut .....

F me, what a mess, why do you not believe the landlord OP? a lot of landlords are selling up.

Imagine for a second the person wants, needs to sell the property, a militant attitude certainly hasn't helped encourage more landlords and more rentals in the past, no wonder there is a dwindling supply, glad I got out and sold up before the nightmare of the last year and a half turned up.

You do realise, its the current and past govts that are at fault for the housing crisis?

because a lot of them were lying about selling (or needing it for family, etc), so the requirement for statutory declaration was introduced

How do you know a lot of landlords were lying, maybe their circumstances or their family's needs changed or they couldn't sell for whatever reason. Its not only tenants who have changing circumstances.

You would think two people could sign a contract together that would mean something. But no, the contract means nothing. Might as well not specify a time in it at all.

why do you think that the landlord wouldn't be selling in this market? most of them would be mad not to.

Letting agents are not lawyers. I know one who tells landlords to go to solicitors when they want to terminate as they don't have professional indemnity insurance to give legal advice. Letting property may be a business but some cases of property rental such as the situation of a person abroad for a year should be in a different category to those of the multiunit multi-property landlords. I know a landlord who has been trying to get a tenant out for the last three years to move in herself. She is paying a higher rent than she is getting from the tenant. The tenant is paying the rent but using every trick in the book to prolong the tenancy. Into the RT B, finding technical faults with notices, wording of notices ad nauseam. She has a solicitor and barrister but so has the tenant.

Of course the contract means something. You are confusing the fact that there is additional legislation which can give tenants certain rights. A contract which simply does not mention those additional rights cannot automatically negate those obligations.

It's up to you man. If you think that then feel free to rent to people without any "contract" or formal agreement at all and see whether it had any value.

I know two people trying to sell for the last 3 years and the tenants wont move. Told by the Threshold to just stay.

I know one house currently for sale in Ashbourne that has a tenant in it who is only too happy to say to the other parents at the school that as soon as her notice is up Threshold have told her to overhold, but to wait until the last minute. There are people currently bidding on that house.

So what you will have there is a sale agreed and then just before closing it will all come tumbling down when it becomes known to the buyer that the tenant will not vacate.

Goodbye chain of sales that that one is connected to.

Herslef and her landlord most likely signed a contract when she first rented the house. Means nothing to her. And she wont even be punished for breaking it.

In this particular case the woman has been given her legal notice and has served her notice period.

The landlord has it up for sale.

Buyers are looking at and bidding on this house.

The tenant asked could she stay on until the house is sold and the owner said yes as long as she is gone before the contracts are signed.

What the owner doesnt know is she is brazenly bragging to everyone what her plan is. She has been advised by threshold to overhold if she cant find somewhere to live. So that is what she is saying she is going to do because rents are too expensive and she cant afford to move.

But why can you not understand that her bragging about whatever is nothing to do with the lease? There are separate rules which are put in to protect tenants that she is planning to abuse and take advantage of. Those exists outside the terms of her specific lease.

If a landlord naively signs a lease without realising the the tenant will gain additional rights over time outside of the lease, then that is just a harsh lesson for them. The landlord will just learn the hard way what they should have been aware from the start could potentially happen

It's not right for someone to abuse those rules and protections, but that's the game and the rules of the game.

I think you misunderstand what the word "rights" mean. If she currently has possession of the property then you're going to have a little bit of trouble on your hands. Just because you don't like the reality of the situation, and may delude yourself as to what could potentially happen, does not mean that it cannot!

Let's see how that pans out if she decides not to leave. You might get a bit of a land if you ended up in court for arriving the next day and just turfing her out. But if you want to learn the hard way, fire ahead. You can explain to the judge that the tenant's only right was to leave the property. See how far it gets you

As you say, the law is weighted in her favour. If she wants to dig her heels in you would need to go through the steps. You would get her out eventually but she, unfortunately, has the right to drag you through that process and it will take time. It isn't morally right but she can do it if she wants to.

Your point is very valid about leaving your own place unused. I also have a friend whom I met while abroad who similarly left her Dublin apartment unused for the time she was away (maybe over 3 years) and for the same reason. It does contribute to the shortage and I mentioned that story on here a long time ago in that context.

I don't know whether you would be able to do up some kind of caretaker agreement with someone you already know and trust rather than a lease for your own property. Someone on here might be able to point you in the right direction if that was possible.

Life is full of selfish people. It is unfortunately a risk of being in that game. It is why you can potentially get very good returns on property at a time that wholesale rates are zero or negative

OP would do well to remember that they will need a reference if they have to rent another property. Be a dick to the landlord and that becomes a lot more difficult..

TBF it cant be easy on the tenant if they've tried to find a new rental and there's nothing available but if they are overholding it's also going to impact on the family buying the house and possibly other families in a buying chain. Nobody wins in a situation like this, everyone has rights and it is unfair for one persons actions to negatively impact on someone else's rights imo.

People say a landlord should know the rules of the game but that applies to renters also, they also know the rules and know there is a high probability they will have to vacate a private rental at some point. The landlord gave correct notice and is entitled to his house. I feel a lot of sympathy for the tenants situation too. Local councils need to do better.

Even if done properly, the tenant can string it out. Adjudication, tribunal, district court, sheriff with a possible trip to the High Court and the Circuit court in between.

It could take years. Some people are lucky, they give notice and the tenant leaves. Others are unlucky and the tenant won't go.