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Rented house up for sale how much notice?

  • 07-10-2013 7:02pm
    #1
    The_Kew_Tour
    Registered Users, Registered Users 2 Posts: 34,460 ✭✭✭✭


    my cousin is living in rented house up for sale, but the landlord said they might have buyer.

    How much notice would they need to get if they had to move out does anyone know?


Comments

  • #2
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    it depends how long your cousin has been living there.


  • #3
    The_Kew_Tour
    Registered Users, Registered Users 2 Posts: 34,460 ✭✭✭✭The_Kew_Tour


    D3PO wrote: »
    it depends how long your cousin has been living there.

    only couple of months. think its 3-4


  • #4
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    The_Kew_Tour wrote: »
    only couple of months. think its 3-4

    28 days so

    http://www.threshold.ie/advice/ending-a-tenancy/termination-of-a-tenancy-by-a-landlord/


  • #5
    The_Kew_Tour
    Registered Users, Registered Users 2 Posts: 34,460 ✭✭✭✭The_Kew_Tour


    D3PO wrote: »
    28 days so

    http://www.threshold.ie/advice/ending-a-tenancy/termination-of-a-tenancy-by-a-landlord/

    cheers. that is plenty of time. sh thought it might only be 7 days or something.


  • #6
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    Dont worry, it will be at leasr 28 days notice and it could take take a few months for the house to close.


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  • #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    If there is a fixed term lease in operation, then the landlord cannot use the grounds in the RTA 2004 to evict a tenant. Therefore, with a fixed term there cannot be a notice period - unless there is a well worded clause in the lease.


  • #8
    The_Kew_Tour
    Registered Users, Registered Users 2 Posts: 34,460 ✭✭✭✭The_Kew_Tour


    hfallada wrote: »
    Dont worry, it will be at leasr 28 days notice and it could take take a few months for the house to close.

    Ya she was told it will be easily into next year now. got text from her this morning. she moving to Dublin then so works out for her well.


  • #9
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    odds_on wrote: »
    If there is a fixed term lease in operation, then the landlord cannot use the grounds in the RTA 2004 to evict a tenant. Therefore, with a fixed term there cannot be a notice period - unless there is a well worded clause in the lease.

    You got a source for this out of interest?


  • #10
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    It seems to be one of those grey areas. A fixed term lease is just that, and some (including Threshold) are of the opinion that the part 4 clauses that allow for termination do not apply while a fixed term lease is in effect. Others made the argument that the part 4 is the minimum rights afforded to the tenant which run concurrently with the lease, and as such the clause do apply.

    To the best of my knowledge this has never been tested in front of the PRTB, and I am yet to see anyone give a definitive answer either way. My personal feeling is that a fixed term lease affords the tenant security in the tenancy for the duration of the fixed term, and as such they cannot be asked to leave for any reason other than breach of lease or antisocial behaviour in that time. That is just my opinion though.


  • #11
    IndyIrish
    Registered Users, Registered Users 2 Posts: 10 ✭IndyIrish


    There is a sliding scale correlated to time spent as a tenant revert to the prtb for the breakdown.
    The_Kew_Tour wrote: »
    my cousin is living in rented house up for sale, but the landlord said they might have buyer.

    How much notice would they need to get if they had to move out does anyone know?


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  • #12
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    It seems to be one of those grey areas. A fixed term lease is just that, and some (including Threshold) are of the opinion that the part 4 clauses that allow for termination do not apply while a fixed term lease is in effect. Others made the argument that the part 4 is the minimum rights afforded to the tenant which run concurrently with the lease, and as such the clause do apply.

    To the best of my knowledge this has never been tested in front of the PRTB, and I am yet to see anyone give a definitive answer either way. My personal feeling is that a fixed term lease affords the tenant security in the tenancy for the duration of the fixed term, and as such they cannot be asked to leave for any reason other than breach of lease or antisocial behaviour in that time. That is just my opinion though.
    Absolutely correct, djimi.

    Quote:
    Originally Posted by odds_on View Post
    If there is a fixed term lease in operation, then the landlord cannot use the grounds in the RTA 2004 to evict a tenant. Therefore, with a fixed term there cannot be a notice period - unless there is a well worded clause in the lease.
    You got a source for this out of interest?

    A fixed term lease is a legally binding contract for the duration of the term (in this case, term = length of time of the lease!). Thus, Irish law allows a tenant a get-out clause: the assignment of the lease.

    However, there is no such option for a landlord, except by a well worded break clause.


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