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Selling a property with a tenant

  • 18-10-2013 3:51pm
    #1
    Wallack
    Registered Users, Registered Users 2 Posts: 71 ✭✭


    Hello!

    First of all, sorry for my English as I'm Spanish.

    Apparently my landlord is planning to sell the apartment I'm living in and I would like to know if, in that case I will still have the right to live in until the end of the contract.

    To say a few more things, my contract started on 10th of June and is for 12 months.

    I also have this two clauses that are a little bit confusing to me:

    13. In the event of the tenancy being terminated before the first six months. The tenant will forfeit the security deposit.

    I understand that I would lose the deposit if I end the lease before the first six months but (as I'm not English speaker I don't understand it very well) a tenancy can only be ended by the tenant right?

    This goes also for the following point:

    14. In the event of the tenancy being terminated in the first year after the first six months one month's notice period must be given.

    That means again that if I want to leave I have to give a one month notice but the Landlord cannot end the agreement right?

    The thing is that about #13 I'm confused as apparently could the landlord end the agreement and keep my deposit or end the agreement with one month notice as #14 implies? or as there is no real clause that says something about the landlord breaking the lease I have total right to continue there until the end of it?

    Thanks.


Comments

  • #2
    the world wonders
    Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    Unless there is a clause specifically allowing the landlord to terminate the lease early (a "break clause"), then the landlord cannot force you to leave before the 12 month term expires. This puts you in a strong position and your landlord should compensate you properly for the expense and inconvenience of moving home again so soon.
    13. In the event of the tenancy being terminated before the first six months. The tenant will forfeit the security deposit.

    14. In the event of the tenancy being terminated in the first year after the first six months one month's notice period must be given.
    These clauses do not give the landlord the right to terminate the lease if they are selling the flat, they merely describe what happens if the lease does get terminated early. There are a number of situations in which a fixed term lease can be terminated early, including:
    • failure to pay rent
    • anti-social behaviour
    • mutual agreement
    • landlord fails to carry out repairs
    but unless the lease specifically says so, landlord selling the flat is not one of these situations


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