Contradicting advice?

cregser

Does anyone know how good threshold.ie is because it seems to contradict itself, or is open to confusion...

http://www.threshold.ie/page.asp?menu=70&page=240

A formal lease or letting agreement is usually for a fixed period (e.g. a year). You cannot be asked to leave during that time unless you are in rent arrears or in breach of your tenancy obligations.

The landlord can terminate the tenancy without reason during the initial six months but once the tenancy has lasted six months, the landlord will only be able to end it on specific grounds.

Does the latter only apply to non-fixed term leases or everything?

Some friends and I are looking to move into a house for a year (maybe more). At one viewing we noticed that a house was also up for sale. Does this basically make this house a no go as we could be kicked out at anytime whilst constantly getting visits from the letting/estate agent with prospective buyers. Has anyone had that experience?

carlos30

As a guy working in the property industry

I would say for want of a peaceful life , do not enter a lease on a property that is up for sale or will be going up for sale

yes you will be hassled by the agents or landlord to arrange time for buyers to see it

a landlord / agent will give you limited notice to let you know that he plans to sell the property ie if you were there for 6 months or so he / the agent would send you letter stating that the property is to be sold and viewing will be in the next 2 weeks etc


Secondly the Tennants Boards make up the rules as they go along

According the THE IAVI who regulates the Estate Agents / Auctioneers

if a tenant breaks a lease he is entitled to no money back / PTRB Boards states that if a tenants gives written notice of 4 weeks he is entitled to his money back

The landlords views a lease as a legal contract and dont want to give money back if the lease if broken at the best of time , whether they get notice or not

from my experience try to stay longer then 6 months in the property you have took on

if this is not possible give a months notice in writing and all bills and show proof of paying these bills before you leave , and try not to missed direct debits for the rent

I hope that helps , I am new on this and have lots of experience in this game so if anybody has a question I will try to help

cheers

cregser

Thanks carlos! Much appreciated.

carlos30

the only methods in which a lease can be terminated is the following reasons

if the tennants does not pay rent
if the tennant does not look after the property
if their is complaints about the property ( noise etc )

regardless whether you are a year or less in the property you break these

3 rules and you will get a seven day notice to quit

Secondly

if the landlord decides to sell the property you have about a month to upsticks and leave thats a fact

you will get your deposit back etc , and its included in all leases

hope that helps

antoinolachtnai

the only methods in which a lease can be terminated is the following reasons

Leases can be terminated for other reasons (including the sale of the property).

The 7-day notice rule is pretty limited.

if the landlord decides to sell the property you have about a month to upsticks and leave thats a fact

you will get your deposit back etc , and its included in all leases

If you have a lease with a minimum term in place (i.e., 12 months) then they can't sell from under you, no matter what it says in the Act. It's not in all leases. I have seen leases that don't have that clause. In this case it's up to the landlord to make his case with the PRTB or the courts.

Re original question, the threshold advice does not contradict itself. Your interpretation is correct.

carlos30

Sorry thats incorrect

A landlord can sell , regardless whether the tennant signs a lease, once he gives the tennants a months notice is writing , the PTRB can do not to stop the landlord doing this

dont be fooling yourself mate

and the PTRB , does contradict itself , its a bit of a kangeroo court , there running down there

Ste.phen

a month's notice?
Methinks you need to read tha act again.

bugler

The trouble seems to be that while everyone can read the Act, it doesn't seem clear how/if leases are affected by it. Thank god for our wonderful legislators.

Ste.phen

I alwyas gathered that a lease can only add to what's in the act.

I.e if lease says '10 days notice and i can kick you out', the act supercedes this with the notice periods for Part 4 tenancies (once one is in effect, of course), but if a lease says "I'll give you 3 months notice", the lease is more important.

useruser

carlos30 wrote: »

Sorry thats incorrect

A landlord can sell , regardless whether the tennant signs a lease, once he gives the tennants a months notice is writing , the PTRB can do not to stop the landlord doing this

dont be fooling yourself mate

and the PTRB , does contradict itself , its a bit of a kangeroo court , there running down there

Wrong. If a tenant signs a fixed term lease (with no break clause that permits the landlord to sell during the term of the lease) then the landlord cannot give notice to the tenant during the term of the lease.

In the absence of a lease, the PRTB rules apply and the landlord can serve notice if selling up (and such notice will generally need to be longer than a month).

antoinolachtnai

Igy wrote: »

I alwyas gathered that a lease can only add to what's in the act.

I.e if lease says '10 days notice and i can kick you out', the act supercedes this with the notice periods for Part 4 tenancies (once one is in effect, of course), but if a lease says "I'll give you 3 months notice", the lease is more important.

Almost right, I think it is possible for the landlord and tenant to agree a mutual notice period, that becomes binding on both parties. Notice periods are slightly different from other kinds of term in the Act.

The Act seems well-intentioned, but the actual implementation and interpretation of it is pretty complicated.