Some advice please

Titzon Toast

Hello there, this is my first post in this section of boards. I had a quick search and couldn't the info that I need.
Myself and my GF have been renting our apartment for the last six years. We've never had a problem, always paid our rent on time and in the time we've lived here we've kept the place spotless. I've painted the place from top to toe maybe four times since we've moved in.
Anyway, the heel of the hunt, our LL rang my GF today out of the blue to tell her that his bank are putting him under pressure and he needs to sell the apartment. He told her that we could have three months notice.

Now the problem, put simply, we don't have the money to move. My GF has been out of work for nearly five years due a bad hand injury. In that time we had a baby boy (now two) and she has been recuperating. Ironically, she is due to finally start back working in two days time!

We had been planning on moving out of here when we were back on our feet anyway in about six months or so but this has really thrown a spanner in the works.

We have a lease, paid our deposit,our month up front and we pay our money through the bank etc, etc. Can some wise soul please advise me as to where I stand here please?

I haven't rang our LL myself yet, I'm still getting over the shock of the news we were given today. I'm waiting to find out some info before I talk to him too.

I must add in his defense, our LL has been grand and I'm sure he'd say the same about us. We left each other alone for the most part.

Thank you in advance for any help on this.

D3PO

what do you mean you don't have the money to move out ? This kind of statement is illogical. You will get your deposit back and what you would have paid to your current LL you would use for your first months rent to a new LL.

Can you clarify regarding your lease. When did you last sign a lease and for what period was it for ? My gut feeling is you signed a lease at the beginning but are part 4 now, but the answer to this question will shape the response regarding the validity of the notice.

Titzon Toast

We signed a lease six years ago when we moved in. I just assumed that it was still in effect. As for the money? Things are tight, I'm hoping that they'll improve over time, but time isn't really something that we have a whole lot of right now.

I had hoped to have a nice chunk of change in my hand before moving so that we could buy a few bits for our new house if needed. I want to move into a 3 bed house with a front and back garden. I don't want to live in an apartment anymore.

Grandpa Hassan

As you've been there over 4 years the LL needs to give you 4 months notice. Apart from that, he is quite within his rights to evict you if he wants or needs to sell. Not much you can do other than get the extra month

D3PO

Grandpa Hassan wrote: »

As you've been there over 4 years the LL needs to give you 4 months notice. Apart from that, he is quite within his rights to evict you if he wants or needs to sell. Not much you can do other than get the extra month

Incorrect 112 days notice is required which is less than 4 months.

As for the OPs comment that they assumed the lease is still in effect the lease is only in effect for the duration of the lease. I.e if a 1 year lease then its only in effect for 1 year.

Titzon Toast

Thanks for your help lads. I'm sure once I've come to terms with this over the next few days I'll be happy that we're going to find a new place.
I just would have prefered to have had more time to find somewhere nice to move into. I hope I can find somewhere now.

@ D3PO
Are you a robot?!

Grandpa Hassan

D3PO wrote: »

Incorrect 112 days notice is required which is less than 4 months.

As for the OPs comment that they assumed the lease is still in effect the lease is only in effect for the duration of the lease. I.e if a 1 year lease then its only in effect for 1 year.

I know. 16 weeks. Just about 4 months give or take. Sorry wasn't precise enough

D3PO

Titzon Toast wrote: »

@ D3PO
Are you a robot?!

Only at the weekends :pac:

D3PO

Grandpa Hassan wrote: »

I know. 16 weeks. Just about 4 months give or take. Sorry wasn't precise enough

just wanted to make sure the OP had the exact detail and not a ballpark :cool:

The_Conductor

Titzon Toast wrote: »

I want to move into a 3 bed house with a front and back garden. I don't want to live in an apartment anymore.

This is an issue.
You will pay a significant premium for a 3 bed house with ye front and rear garden- over and above what an apartment in a similar area might rent for. You say money is tight- however, I don't think you're being realistic if you have an expectation of finding a house with a front and rear garden in the same general area- without having to pay significantly higher rent for it.

djimi

The only two issues you can take really are that, as has pointed out, you are entitled to 112 days notice, and also that you are entitled to the notice in writing (notice via a phone call means absolutely nothing legally). If you want to buy yourself a bit more time you could say nothing for the moment and then in a few weeks time bring up that the notice was not given to you in writing, after which time you would get a written notice with the 112 days starting from that point, but you would only be buying yourself a small bit more time really.

Moonbeam

Are you on the housing list with your lcoal council?
It might be worth looking in to if you do want to get a 3 bedroom house with rent that you can afford.

Gatling

Moonbeam wrote: »

Are you on the housing list with your lcoal council?
It might be worth looking in to if you do want to get a 3 bedroom house with rent that you can afford.

Local councils don't give 3 beds to a couple with one child ,
The RAS scheme might be an option if there on the housing list

D3PO

djimi wrote: »

The only two issues you can take really are that, as has pointed out, you are entitled to 112 days notice, and also that you are entitled to the notice in writing (notice via a phone call means absolutely nothing legally). .

very important point. That said I wouldn't play off a technicality to be honest. If you need to leave you need to leave why be awkward about it.

djimi

D3PO wrote: »

Id question this. Accorting to Threshold notice does not have to be written and phone / text notice is valid. Now I don't necessecarily agree with Threshold but it does raise a question about what consists of valid legal notice.

I dont think Threshold have ever said that verbal notice is valid, have they? I know they said that about text notice, but a text message is still a written form of notice.

Either way, even if they did deem verbal notice to be valid, what possible hope could the landlord have of proving it? One persons word against another; with no independant witnesses it would be impossible to prove.

djimi

D3PO wrote: »

very important point. That said I wouldn't play off a technicality to be honest. If you need to leave you need to leave why be awkward about it.

Well if its a case of needing some extra time to save up cash that might be requird for the move then I dont see what harm there is in using the landlords ignorance of tenancy law against them to be honest. It might not exactly be considered playing fair, but at the moment no legal notice has been issued, so as it stands the landlord has only signalled their intention to issue notice.

D3PO

djimi wrote: »

I dont think Threshold have ever said that verbal notice is valid, have they? I know they said that about text notice, but a text message is still a written form of notice.

Either way, even if they did deem verbal notice to be valid, what possible hope could the landlord have of proving it? One persons word against another; with no independant witnesses it would be impossible to prove.

your right was my error hence my quick edit lol

djimi

D3PO wrote: »

your right was my error hence my quick edit lol

Sorry, didnt see the edit when I replied!

Pistachios & cream

HI OP,

I think you need to find out more about the stage of the selling process the apartment is at. It can take a long time to sell an apartment and from what you have described you and the landlord have a good relationship. Perhaps you can come to an arrangement whereby after the notice period is up you can stay on a month to month lease until the sale closes?

Obviously this will all depend on what stage of the selling process your landlord is at but it could be good to have a chat with him about it and explain your circumstances.

sunnysoutheast

djimi wrote: »

I dont think Threshold have ever said that verbal notice is valid, have they? I know they said that about text notice, but a text message is still a written form of notice.

Either way, even if they did deem verbal notice to be valid, what possible hope could the landlord have of proving it? One persons word against another; with no independant witnesses it would be impossible to prove.

Threshold actually state the following:

"Notice of termination must be in writing. (Email, text, verbal notice do not suffice by law)"

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

Whether a text would suffice in a PRTB hearing, I don't know.

The_Conductor

sunnysoutheast wrote: »

Whether a text would suffice in a PRTB hearing, I don't know.

Its been accepted in two hearings in the last week (and numerous before then)

sunnysoutheast

The_Conductor wrote: »

Its been accepted in two hearings in the last week (and numerous before then)

Wow, somebody better tell Threshold to get their story straight then!

I think I would stick to recorded delivery even so.

The_Conductor

One of the forum posters here also had it accepted by the PRTB- I'll try to find the post(s)/thread.......

sunnysoutheast wrote: »

Wow, somebody better tell Threshold to get their story straight then!.

They have had an increasingly poor reputation regarding the advice they've given some people.

Titzon Toast

Cheers for all the help and advice lads. I rang my LL this afternoon to have a chat and to find out what happened. He reckons he's been losing money on our place for a long time now and his bank told him that enough was enough.
I foolishly forgot to talk about money with him, I'll have to ring him again tomorrow. My understanding is this, we pay our rent at the end of each calendar month to cover the one that's coming. ie, our rent goes out in five days time to pay for November's rent and so on. Does that mean that we pay our last months rent at the end of November to cover December, and then January's rent comes out of the month that we paid in advance all those years ago. Plus our deposit back?

Does that seem correct to you guys?!
Thanks again in advance.

sunnysoutheast

Titzon Toast wrote: »

Cheers for all the help and advice lads. I rang my LL this afternoon to have a chat and to find out what happened. He reckons he's been losing money on our place for a long time now and his bank told him that enough was enough.
I foolishly forgot to talk about money with him, I'll have to ring him again tomorrow. My understanding is this, we pay our rent at the end of each calendar month to cover the one that's coming. ie, our rent goes out in five days time to pay for November's rent and so on. Does that mean that we pay our last months rent at the end of November to cover December, and then January's rent comes out of the month that we paid in advance all those years ago. Plus our deposit back?

Does that seem correct to you guys?!
Thanks again in advance.

No. I don't think there is any "month that we paid in advance all those years ago" to cover January's rent. That paid for your first month in the property. Your last payment will be in December.

If you moved in October 1st you pay on 30th Sep for October, 31st Oct for November, 30th Nov for December, 31st Dec for January, ..... work out how many months you have been there and you need to make that number of payments.

Titzon Toast

Yeah, your version sounds far more plausible alright. Damn it!
Who moves house in January ffs?!

The_Conductor

Titzon Toast wrote: »

Who moves house in January ffs?!

Plenty of people actually. Lots of people work on annual contracts that are timed on the calendar year, and are moved to new locations in January (incl. interns both in the public and private sector- who would actually be on 6 month contracts).

Its actually quite a busy time of the year for rentals.

Titzon Toast

Well it certainly doesn't suit me to move in January I can tell you! As I said in my OP, my GF has literally just started back working today after 5 years. I would give anything to have a little bit more time to get back on our feet financialy.
But, it is what it is. We're just gonna have put our heads down and save as much as we can. I've found some houses for rent online for about €950 per month in our area. That's what we're aiming for.
I want my my own room again where my son can't destroy my things lol.