Landlord Selling Apartment

aoife303

I currently rent an apartment and my lease isn't up until August. The landlord has contacted me saying that he's thinking of putting the apartment on the market, that I can stay the duration of my lease but that he's giving a key to an estate agent to allow viewings etc...

Am I entitled to stop him from doing this? I'm not really happy about the thoughts of people traipsing through my apartment on and off over the next 8 months as he tries to find a buyer...

Also can he cancel my lease if he gets a buyer before August?

who_ru

contact threshold - i got this from their website but i'm not sure if it's up to date.

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.
The landlord must also give the tenant written notice of termination. The period of notice will depend on the duration of the tenancy.
Duration of Tenancy Notice by Landlord
Less than 6 months 28 days
6 or more months but less than 1 year 35 days
1 year or more but less than 2 years 42 days
2 years or more but less than 3 years 56 days
3 years or more but less than 4 years 84 days
4 or more years 112 days

Tenants have long term security in rare cases only:

not even wrong

aoife303 wrote: »

Am I entitled to stop him from doing this?

No. The Residential Tenancies Act obliges you to "allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord’s behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling". I'd insist on at least 24 hours notice in your situation.

Also can he cancel my lease if he gets a buyer before August?

No.

Baralis1

aoife303 wrote: »

I currently rent an apartment and my lease isn't up until August. The landlord has contacted me saying that he's thinking of putting the apartment on the market, that I can stay the duration of my lease but that he's giving a key to an estate agent to allow viewings etc...

Am I entitled to stop him from doing this? I'm not really happy about the thoughts of people traipsing through my apartment on and off over the next 8 months as he tries to find a buyer...

Also can he cancel my lease if he gets a buyer before August?

According to the threshold website, the landlord must have your permission for him/her or his/her agents to enter your home.
Also as you have a fixed lease, you have more rights than given by the Tenancy Act. The landlord cannot ask you to leave before your lease is up unless you are in rent arrears or have broken the lease agreement.

RentDayBlues

Actually, you do not have to allow anyone access to the apartment for viewings, you are entitled to a quiet, safe dwelling regardless of whether than landlord is selling or not.

You are within your rights to refuse any access other than inspections by the landlord and he cannot just give out keys to whoever he likes.

He cannot cancel the lease so you are secure until August.

You have 3 options:

1. Ask him, in writing, to allow you to end the tenancy early and move out. You will not owe rent for the remaining months and will be entitled to your deposit back.

2. Stay put and tell him no, you are not happy with people entering the apartment while you are living there and that you want him to wait until you leave.

3. Stay put and ask for a rent reduction to cover the inconvenience of allowing the viewings. I would also put in place strict conditions for viewings i.e. only on Saturdays and only when you are present. You don't want anything to go missing

If he kicks up any fuss tell him you will call the PRTB and initiate a dispute resolution. If in doubt, call threshold http://www.threshold.ie/contact.asp?menu=76

robd

not even wrong wrote: »

No. The Residential Tenancies Act obliges you to "allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord’s behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling". I'd insist on at least 24 hours notice in your situation.No.

As the OP pointed out he's on a fixed term lease which overrides the laws of the Tenancy Act, which is considered the minimum.

Inspection is not showing potential buyers around to buy the place.

Also, there is a clause related to showing place for rental purposes when notice has been given. However, showing a place for selling is not the same as renting. It's unlikey agent would notice each time.

He doesn't have to allow it, and it could be considered grounds for terminating the lease as he doesn't have peaceful occupation.

anonymousjunkie

The landlord can terminate the tenancy if selling up, but presumably needs to give the tenant the relevant notice based on length of tenancy to date. Doubt it allows for the landlord to provide viewings during that period though.

anonymousjunkie

anonymousjunkie wrote: »

The landlord can terminate the tenancy if selling up, but presumably needs to give the tenant the relevant notice based on length of tenancy to date. Doubt it allows for the landlord to provide viewings during that period though.

just read that its a fixed lease, i'm sure that makes a big difference alright, some landlords would have you continue to pay rent if you tried to break the lease, I wonder could you ask him to buy out the lease ...?