Tenants in house

mad m

Recently went sale agreed on a house with tenants in it. I was told all along by EA tenants were on a month to month basis. So then after going sale agreed I was told they were locked into their lease till end of Janurary. I was told by a friend that the landlord can break a lease at any time on 3 conditions.

1.Landlord wants to move into house
2.Do renovations.
3.Selling property.

Selling the property he has to give tenants a months notice.

So whos right?

Silverfish

I think the one about the landlord moving in to the house is correct.

mad m

Thanks for reply.

I actually found out on Oasis.ie and all three are correct.But longer your in house the more notice you have to give.

Can someone delete thread.

Thanks.

Lex Luthor

mad m wrote:

Recently went sale agreed on a house with tenants in it. I was told all along by EA tenants were on a month to month basis. So then after going sale agreed I was told they were locked into their lease till end of Janurary. I was told by a friend that the landlord can break a lease at any time on 3 conditions.

1.Landlord wants to move into house
2.Do renovations.
3.Selling property.

Selling the property he has to give tenants a months notice.

So whos right?

something else for you

http://www.prtb.ie/DownloadDocs/Termnating%20a%20Tenancy%20pdf.pdf

hmmm

If there are terms of notice in the lease they will have primacy, unless they are less than the rights afforded to tenants under the acts governing the PRTB.

Laslo

You may find something here: http://www.wallestates.ie/advice_centre/?section=11

daiixi

There is nothing in my lease about the landlord being able to break my lease if he sells the flat. Then again we don't have the standard lease that most landlords would use, we have one which he made up. Who says that the landlord in the OP's case didn't do the same thing?

Afuera

daiixi wrote:

There is nothing in my lease about the landlord being able to break my lease if he sells the flat. Then again we don't have the standard lease that most landlords would use, we have one which he made up. Who says that the landlord in the OP's case didn't do the same thing?

If you're in Ireland, this sounds highly unusual... Are you saying that your lease specifies certain conditions that would allow the landlord to break the lease? And these conditions have excluded the sale of the property as one of those valid reasons?
Or does the lease not mention any details of when it can be broken? In which case it would be covered by Residential Tenancies Act 2004 (and selling it is reason enough to throw you out).

Lex Luthor

Leases can be broken....

I had a 12 month lease recently with a tenant that had NO BREAK CLAUSE, but I was given 4 weeks notice instead of the 6 weeks I was entitled to. PRTB said I still had to let them go.

If the landlord wants the house to sell, then the tenant has to move. The tenant could sqwat, which could get nasty, but if I was the landlord in this situation, I would try to be as reasonable as possible,

antoinolachtnai

This is a completely different case though Lex Luthor.

If the tenant stays on, you cannot really move them without an eviction order. The PRTB or the courts are very unlikely (in my opinion) to grant an eviction order against a rent-paying tenant with a lease. It isn't squatting if the tenant is paying rent and has a lease.

To the OP I would say not to finish the purchase of the property without full vacant possession.

In theory the PRTB is wrong, but in practice the PRTB is right, there is nothing you can do if your tenant really wants to leave. There is no point trying to hold them there, it's just a recipe for more trouble. If the rent were high enough, it might be worth going to court, but who needs all that crap?