Notice period-landlord selling house

pauldoo

Hey

Our lease in our current house ran out a couple of months ago-so we have been paying as usual but didnt sign a new lease. the estate agent sent us a letter saying the landlord is selling the house, do we have to give any sort of notice before we leave? we have found a new place and want to move in 2 weeks

thanks

Paul

ABajaninCork

I assume the lease was for a year and you didn't sign a new lease - is that right?

Then I think the notice period is 3 months as you're on a Pt 4 tenancy, but I stand to be corrected on that. Since the landlord is selling the house, you might be able to negotiate.

As your fixed term lease has expired you're now in what's known as a part 4 tenancy. The notice of termination increases depending on the length of time you have been there.

If you give notice, it must be as follows:

Length of tenancy|Notice by tenant
Less than 6 months|4 weeks (28 days)
6 months to 1 year|5 weeks (35 days)
1 – 2 years|6 weeks (42 days)
2 or more years|8 weeks (56 days)

If the landlord gives notice, it must be as follows:

Length of tenancy|Notice by landlord
Less than 6 months|4 weeks (28 days)
6 months to 1 year |5 weeks (35 days)
1 – 2 years |6 weeks (42 days)
2 – 3 years |8 weeks (56 days)
3 – 4 years |12 weeks (84 days)
4 years or more|16 weeks (112 days)

pauldoo

does it not matter that the landlord is selling??

pauldoo

pauldoo wrote: »

does it not matter that the landlord is selling??

From: http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Your landlord must always give you notice when asking you to leave. (Read more under 'Notice periods' and 'Notice of termination', below.) Landlords can ask tenants to leave without giving a reason during the first six months of a tenancy. Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:

After 3 and ½ years
If the tenant does not comply with the obligations of the tenancy
If the property is no longer suited to the tenants’ needs (e.g. overcrowded)
If the landlord needs the property for him/herself or for an immediate family member
If the landlord intends to sell the property
If the landlord intends to refurbish the property
If the landlord plans to change the business use of the property (e.g. turn it into offices).

You should note that if your landlord evicts you for a specific reason and subsequently does not carry out the intention (e.g. to live there him/herself) you can report him/her to the Private Residential Tenancies Board (PRTB). The PRTB will investigate your claim and take further action as appropriate.

sunnysoutheast

pauldoo wrote: »

does it not matter that the landlord is selling??

From a notice point of view no. Selling is one of the valid reasons for terminating a part 4 tenancy.

Have you been given a definite timeframe for the sale or is it just a general intention at this point?

If you do want to leave in 2 weeks suggest you enquire about "being open to facilitating" an early departure but get an agreement for the return of deposit and any overpaid rent in writing first.

Milk & Honey

Both sides can agree in writing to a shorter notice period. If the property is on the market it is most likely the landlord would agree to shorten the notice period.

djimi

Did the letter say that the house is in the process of being sold (ie a buyer has been found), or that the landlord intends on putting it on the market? Two very different things.

If there is a buyer then chances are they will be happy for you to leave ASAP. However, if its just a case that the landlord is putting the house on the market then there most likely wont be a sale for months, and they may not be as open to the idea of you leaving with 2 weeks notice.

Best bet is to talk to them and see what you can come up with.

pauldoo

Cheers for the replies,

The house is just going on the market, called the landlord and have to give a months notice!

djimi

Thats fair enough imo. The house almost certainly wont be sold within a month so there is no need for the landlord to want to rush things.

confuseddotcom

The Part 4 thing is a pile of poop. If a Tenant stays on after 6 months they don't actually have a right to stay on there for the remaining three-and-a-half years if it's put up for sale.......

athtrasna

confuseddotcom wrote: »

The Part 4 thing is a pile of poop. If a Tenant stays on after 6 months they don't actually have a right to stay on there for the remaining three-and-a-half years if it's put up for sale.......

Selling the property is one of the very few ways a landlord can break a Part IV tenancy, it's not actually a pile of poop. It means that good tenants in good properties can make lives for themselves in the area and not fear having to move every year.

djimi

confuseddotcom wrote: »

The Part 4 thing is a pile of poop. If a Tenant stays on after 6 months they don't actually have a right to stay on there for the remaining three-and-a-half years if it's put up for sale.......

In fairness it would hardly be fair to a landlord to have them tied to a lease for 4 years; the tenant can break a part 4 tenancy for any reason they want (with the appropriate notice), why shouldnt the landlord have a few ways of breaking the lease should they need to? Its not like they can do it willy nilly as it is; they need to have a very specific reason to break a lease, and there arent many valid reasons allowed.

odds_on

pauldoo wrote: »

Cheers for the replies,

The house is just going on the market, called the landlord and have to give a months notice!

Verbal notice is not valid. You must give notice in writing and the correct notice period as advised by Karsini, above, depending on the time you have been in the property. Otherwise, you may lose all, or part of your deposit.