Getting kicked out for liquidation?

Teddi

hey guys...

want to know if anyone knows about this..

got a call off the landlord the other day...he says we have a month to get out as he wants to liquidate the house..update it and sell it to a family..


what are my rights here?...surely he cant just do that?....

is there compensation involved?...ive 6 months left on the lease..

thanks...

Calina

Call Threshold.

athtrasna

The landlord selling the property is one of the few ways a landlord can evict tenants without repercussions. Not nice if you're the tenant but otherwise how could people ever sell rented properties without leaving them empty?

Calina

It's not that simple. OP has a fixed term lease and unless there's a break clause in there, there is scope to tell the landlord that he has to finish out the lease. First port of call should be Threshold who will be more au fait with how the lease can be broken. If the lease is only six months old, it's hardly a Part VI tenancy - assuming the OP had a 12 month lease, so the issue is going to be linked to how the notice to quit was delivered and whether in fact the lease could be broken. A phone call is not adequate notice.

In other countries, incidentally, sale of property is not necessarily an adequate reason for breaking a lease and it should be removed here. We mightn't have such a mess of a property market otherwise.

RoryW

Calina wrote: »

In other countries, incidentally, sale of property is not necessarily an adequate reason for breaking a lease

In France for example if a landlord wishes to sell a property he has to first offer it to the tenant and the tenant has a period of time to decide if he wishes to purchase

MysticalSoul

How long have you lived there, I think it depends on how long you have been there already?

ressem

Landlord and tenants rights, "If your landlord wants you to leave" from citizens information site.

http://www.citizensinformation.ie/categories/housing/renting-a-home/landlord-and-tenants-rights/if-your-landlord-wants-you-to-leave

Hells_Belle

I've just spoken to Threshold about the exact same thing more or less.

If you are on a lease, it is a Fixed Term Tenancy and you cannot be forced to leave before the end of the lease. Threshold will call and explain this to him for you if you like. If he gets bolshy about it, you can file with PRTB, which freezes the lease and holds the agreement in place until a hearing. Which will be in 9 or more months, at which point you will have already finished your lease and moved out

What your landlord is doing is not legal. You cannot be forced from your home if you are on a fixed term lease. Don't let people who don't understand how Part 4 works and when it comes into play tell you otherwise.

dats_right

Part IV tenancy kicks in after six months occupation, but a landlord can terminate such a tenancy prematurely on certain limited grounds such as substatntial renovation and sale of the property. So Part IV offers OP no real protection in this case (provided valid termination procedures are affected.

Having said that, as Calina states, OP's real protection is afforded by virtue of the fixed term lease. The terms of this lease will determine the issue, if the lease provides for termination in these circumstances then provided the landlord terminates the tenancy correctly there is nothing the OP can do. On the other hand if the lease makes no such provision then the OP is entitled to remain in possession for the remainder of the term. In which case it is always open for OP to negotiate favourable terms (maybe even a pay out) to surrender the lease.