Possible issue with brand new lease!

djd80

Hi All

My girlfriend and I signed a years lease last Friday about 4:30 to 5pm with a letting agency and moved into our rented apartment over the weekend.

On Monday we got a letter saying that the owner had decided to sell up and that the company selling the apt would be in touch to arrange viewings etc.

The letting agency are saying that our lease won't be affected but when the guy selling the house rang he said that if someone who is not an investor buys it then we will just be given a months notice?

Anyone know who is telling us the truth?

Seems like bad form too because I reckon the letting agency knew about this when the got us to sign.

bugler

Do you have a copy of the lease by any chance?

You have a fixed term lease. They can't make you facilitate viewings, or move out. The place is yours for the year. Call Threshold and let them know the situation. It's an absolute disgrace that they acted this way, letting you sign a lease on Friday and then you get a letter on Monday!

In short, and to be blunt, tell them to **** off. I'd say report them to one of the professional bodies but god knows the profession itself is riddled with chancers, so that won't be much help.

Oh, and can you PM me the name of the letting agency?

ixoy

bugler wrote: »

You have a fixed term lease. They can't make you facilitate viewings, or move out. The place is yours for the year.

I thought that didn't apply when the owner wishes to sell?

The_Conductor

ixoy wrote: »

I thought that didn't apply when the owner wishes to sell?

Correct.
If the owner wishes to sell- as you have been there less than 6 months, all he/she has to do is give you 28 days notice (irrespective of what the lease says). You are obliged to facilitate viewings (within reason). If you call Threshold or the Citizens Advice Bureau they will explain your obligations and rights.

Its all spelt out in the Residential Tenancies Act.

BC

smccarrick wrote: »

Correct.
If the owner wishes to sell- as you have been there less than 6 months, all he/she has to do is give you 28 days notice (irrespective of what the lease says). You are obliged to facilitate viewings (within reason). If you call Threshold or the Citizens Advice Bureau they will explain your obligations and rights.

Its all spelt out in the Residential Tenancies Act.

Not true. Thresholds website is very clear on this. Also I haven't seen anything in the residential tenancies act which says a tenant has to allow viewings so unless its in the lease i don't think this is the case.

http://www.threshold.ie/page.asp?menu=70&page=246

bugler

Actually, this is interesting. Because in recent discussions I was focusing on the RTA 2004 and the statutory rights it affords Tenants, without considering what it afforded landlords.

The Threshold site has the following:

-"Leases for fixed Periods

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. If you are in rent arrears, you must be notified by the landlord in writing. If you have not met your rent arrears within 14 days, then the landlord may issue you with 28 days notice of termination. You are entitled to formal notice of any claim that you have broken the tenancy conditions and to be given time to set things right."

BUT AlSO:

"Security of Tenure

The Residential Tenancies Act 2004 affords greater security of tenure to tenants in the private rented sector. 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. Acceptable grounds include the tenant not complying with their obligations (e.g. not paying their rent), the landlord intending to sell the dwelling and the landlord requiring the dwelling for his own occupation or for a family member. For a complete list of the acceptable reasons, contact Threshold."

Does this apply only to Part 4 tenancies, or also to fixed term leases? If it does apply in the latter, then the phrasing in the first passage is poor.

So I guess what I'm asking is does the RTA 2004 afford a statutory right to LLs to terminate within 6 months? If so, it seems to devalue significantly any fixed term lease. It's also utterly imbalanced in that it affords no similar right to the tenant. Why shouldn't a tenant be able to do the same?

For what it's worth, I don't have time to dip into the Act itself right now. But Threshold seems to formulate it's FAQ from PRTB judgements, which makes it more relevant in any case, IMO.

djd80

Thanks for all the informative replies.

I called the letting agents again to confirm and they are adamant that the lease will not be affected in any way were the property to sell si i can only take them at their word.

I got the impression they were going to give out to the selling agents for suggesting otherwise to me!

ZYX

smccarrick wrote: »

Correct.
You are obliged to facilitate viewings (within reason)

But you can facilitate viewings in your own way. EG insist on being there for viewings, leave underwear around house, walk around naked, tell viewer all the problems with house etc.

EKRIUQ

ZYX wrote: »

But you can facilitate viewings in your own way. EG insist on being there for viewings, leave underwear around house, walk around naked, tell viewer all the problems with house etc.

As mad as that sounds it does happen, I know of one tenant who was given plenty of notice of the viewing sat down in the living room with feet on the coffee table while buyers looked and her boyfriend and friend sat at the kitchen tables eating their breakfast while buyers just looked at the house (no effort to clean up before viewing)