Tennants rights - Change of ownership

laoisforliam · 02-02-2011 12:57pm #1

Hi I hope this is in the right place if not mods please move it

I was just wondering what rights a tenant has if say - 6 months into a 12 month lease the property that they are leasing changes hands and the new owner does not wish to continue with the lease?

Thank You

Jo King · 02-02-2011 1:46pm

Some leases have a clause in them to cover that situation. If there is not such a clause, the new owner is stuck with the tenants. Most purchasers will insist that the property is handed over with vacant possession, so it is up to the old landlord to get rid of the tenants before the handover.

Victor · 02-02-2011 5:08pm

It would be a foolish vendor, purchaser or solicitor who didn't address the matter.

laoisforliam · 03-02-2011 10:37am

so if this situation arose the new owner would be stuck with the tenants? and they cannot be forced to vacate the premises?

Kosseegan · 03-02-2011 11:58am

Until the fixed term of the lease expires. Yes! After that Part 4 of the Residential tenancies Act kicks in if the tenants have been in occupation for more than 6 months. That is why nobody would buy with tenants in place.

laoisforliam · 04-02-2011 12:54am

Thank YOu

source · 04-02-2011 2:19am

So even though the lease exists between the previous owner and the tenants, they have the right to stay even though the new owner never made any contract with them? I would also imagine that the tenants would have been given notice that the property was for sale by the previous owner...would this not have an impact on the outcome?

Victor · 04-02-2011 2:32am

foinse wrote: »

So even though the lease exists between the previous owner and the tenants, they have the right to stay even though the new owner never made any contract with them?

Yes, because the buyer is buying something that doesn't have good (enough) title. If Tom sold (in this case, let) a property to Dick, he can't also sell the same property to Harry.

It is for the solicitor to make sure this is sorted.

I would also imagine that the tenants would have been given notice that the property was for sale by the previous owner...would this not have an impact on the outcome?

Possibly, but that doesn't renege on the lease they have with the vendor.

source · 04-02-2011 2:53am

Ah I think I get you, the contract with the tenants was in place before the sale contract was produced and signed, so the letting contract takes precedence over the sale contract.

playmasterone · 06-02-2012 4:27pm

does this apply if its a compulsery order of sale

Victor · 07-02-2012 1:35am

If this is a court ordered sale, I imagine the tenant should have been advised of proceedings and appropriate measures taken. The tenant may retain the right to live there until the lease is up.

If it is a compulsory purchase by a state authority, the tenant should have been advised of the CPO hearing and allowed an opportunity to comment and/or seek compensation. This time may have passed, but you may still have entitlements to compensation, not least the costs of moving and disturbance.

You may need to take legal voice. It would be important to speak now.

Tennants rights - Change of ownership

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