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New owner

  • 03-09-2024 4:54pm
    #1
    Registered Users, Registered Users 2 Posts: 39


    My house that I’m renting was sold I still in lease till Xmas but the new owner wants me out ASAP so he can do it up he keeps holding back on the deposit giving me excuses the whole time



Comments

  • Registered Users, Registered Users 2 Posts: 2,885 ✭✭✭endofrainbow


    Has he given you notice and is the termination notice legal ?



  • Registered Users, Registered Users 2 Posts: 39 Barbie2k23


    he just said I have to move out asap that he wants the house back no notice just told me to my face



  • Registered Users, Registered Users 2 Posts: 24,007 ✭✭✭✭ted1


    well then you have no notice to leave and your lease expiring is irrelevant as you have tenure under part 4.


    As for the deposit, you are not moving out. Why would he give it to you ?



  • Registered Users, Registered Users 2 Posts: 4,124 ✭✭✭Ezeoul


    Sounds like he is spoofing, was the house advertised for sale? Any viewings?

    Why would he want to "do up" a house that is already sold?

    Do nothing until you are given a valid termination notice.

    OKAY - I re-read and its the NEW owner that wants you to leave. Must read slower.



  • Registered Users, Registered Users 2 Posts: 6,561 ✭✭✭Claw Hammer


    How would the new owner have the deposit?



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  • Registered Users, Registered Users 2 Posts: 4,124 ✭✭✭Ezeoul


    I think the OP means the landlord wants them to leave, but is withholding their deposit?

    Ignore, I misread.



  • Registered Users, Registered Users 2 Posts: 3,055 ✭✭✭beachhead


    A right A1 chancer there



  • Registered Users, Registered Users 2 Posts: 1,990 ✭✭✭mrslancaster


    Not enough information here OP. Are you renting an entire dwelling and do you have a tenancy agreement/lease? If you do, then you are entitled to written notice with varying notice periods depending on how long you are renting the dwelling, and deposits must be refunded subject to regulations. When did your lease start? Did you sign a lease for a specific period of time? You gain part4 rights after 6 months occupancy as a tenant.

    Are you the only person on the lease? If you are house/flat sharing, did you move in at the start of the tenancy with other tenants or did you replace a previous tenant? Who did you pay the deposit to - directly to the landlord or to the tenant that you replaced? Did the landlord add you to the RTB tenancy register? If you replaced someone, you may not be a tenant but a licensee with no part4 rights, and notice periods will be different. Deposits are usually refunded after tenants have moved out.



  • Posts: 0 [Deleted User]


    The new owner is the op’s LL, the op’s rights, and the LLs responsibilities do not change just because there is a change of ownership. So the new owner/LL is the person responsible for return of the deposit.

    How would the new owner have the deposit? They bought a property with an existing tenancy (the op is scant on info, so I’m only assuming they are a tenant), and as such should have received the deposit from the previous owner, or, accepted responsibility for it as part of the sale.

    It is not up to the op to chase the previous owner for the deposit, they report the current owner, as their LL, to the RTB if it is not returned. Whether the new owner got it from the previous owner is their problem.



  • Registered Users, Registered Users 2 Posts: 6,561 ✭✭✭Claw Hammer


    You are not the o/p so you don't know what is happening.



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  • Posts: 0 [Deleted User]


    Ok, perhaps a more concise statement would suffice.

    The LL is responsible to return of the deposit at the end of the tenancy, irrespective of whether the property has changed hands. How the new owner gets the deposit is immaterial.

    That alone should answer your question, irrespective of whether I am the op.



  • Registered Users, Registered Users 2 Posts: 6,561 ✭✭✭Claw Hammer


    It does not answer my question. There is another scenario possible on what the o/p says. There may have been merely been a contract signed and not a closed sale. the new owner wants vacant possession and the o/p is still dealing with his original landlord. The original landlord wants him out to close the sale. You should let the o/p clarify what is going on rather than jumping to conclusions.



  • Posts: 0 [Deleted User]


    I am not jumping to conclusions, the op said it has “sold”, the property has a new owner, and the new owner wants him/her out.

    It is all in the op.

    Besides, your question was “How would the new owner have the deposit?”. It doesn’t matter, that is between the new and old owners, the new owner is trying to get the op out, and as the property has sold, the new owner takes over an existing tenancy.



  • Registered Users, Registered Users 2 Posts: 6,561 ✭✭✭Claw Hammer


    "sold" may not mean a sale is closed. People often say a property is sold when in fact it is just sale agreed. The o/p is no lawyer and wouldn't necessarily know. He may be in conversation with the original owner who is relaying messages from the incoming owner. You should let the o/p explain it himself and stop jumping to conclusions based on ambiguous wording.



  • Posts: 0 [Deleted User]


    There is nothing ambiguous when a poster tells you the property they rent has been sold, and the new owner wants them out.

    Would you stop making up scenarios to suit your answers, if the new owner wants vacant possession before the sale completed, it would be the existing owner who would be telling the op to vacate before the sale completed . Either way, your question as to how the new owner gets the deposit means diddly squat, whoever is the op’s LL, old or new owner, they are responsible for returning the deposit. So the op does not need to know how the new owner got the deposit from the old owner.



  • Registered Users, Registered Users 2 Posts: 6,561 ✭✭✭Claw Hammer


    The word sold is ambiguous in the context of the sale of property. You are making things up to suit your butting in to answer a question you weren't asked.



  • Posts: 0 [Deleted User]


    Aghhh, how could I be making it up?, if it is literally what the op posted.



  • Registered Users, Registered Users 2 Posts: 6,561 ✭✭✭Claw Hammer


    You are deliberately misinterpreting what he posted.



  • Registered Users, Registered Users 2 Posts: 959 ✭✭✭SupaCat95


    No, If the new owner has arrived then it is legally "sold".. I really think the new Landlord just wants the OP out.

    Honest OP, I would just start looking ASAP for a new place. I dont see the market getting any better. Now you cannot be moved out before your time but what you could do is try to negotiate an exit fee to go early. I had two friends in a similar situation and they held out over 2019-2021. The land lady really wanted the property off her books, nothing to do with the lads.

    Be reasonable go quietly and quickly if you get a bit extra. How long have you been there for? Are you tenants or lisencees? It all makes a difference.



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