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Advice on possible notice?

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  • 24-01-2014 1:25pm
    #1
    Mince Pie
    Registered Users Posts: 3,901 ✭✭✭


    Hi there, just need a wee bit of advice here.

    My mum is disabled and in a rented apartment. My sister has just been told by the landlord that the apartment has been sold.

    So, my mother hasn't been given notice and not sure if she will be as we don't know who the new owner is or what their intentions are but want to be prepared for the worst.

    My mum has lived there for over 3 years. So in a worst case scenario and she is given notice, how long does she have to move out legally?
    It will be difficult to find somewhere else as it needs to be wheelchair accessible.

    Oh, she won't be interested in squatting and drawing matters out. I just want to get the least messy approach cos I know this is gonna send her head into a spin.

    Thanks


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    #2
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Mince Pie wrote: »
    Hi there, just need a wee bit of advice here.

    My mum is disabled and in a rented apartment. My sister has just been told by the landlord that the apartment has been sold.

    So, my mother hasn't been given notice and not sure if she will be as we don't know who the new owner is or what their intentions are but want to be prepared for the worst.

    My mum has lived there for over 3 years. So in a worst case scenario and she is given notice, how long does she have to move out legally?
    It will be difficult to find somewhere else as it needs to be wheelchair accessible.

    Oh, she won't be interested in squatting and drawing matters out. I just want to get the least messy approach cos I know this is gonna send her head into a spin.

    Thanks

    Has she got a lease?

    If she has a lease, she is able legally to stay until the lease expires.

    If she doesn't have a lease, she's on a part 4 tenancy. Notice period for 2-3 years is 56 days. Notice for 3-4 years is 84 days.


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    #3
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    MP id contact the landlord and ask them for a meeting to discuss this. The sale could take months to close and there is always a chance that it was sold as is and the new owner would be happy to have your mom continue to rent.



    The notice must be as per the lease if there is ine currently in place otherwise it's 84 days.


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    #4
    Mince Pie
    Registered Users Posts: 3,901 ✭✭✭Mince Pie


    Yes, she has a lease and sister is her carer so she will be dealing with it. Just wanted to get some advice to pass on to my sister to help.
    Just making sure we are well informed just in case cos it will be a nightmare trying to find new accommodation.


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    #5
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Afaik if she has a valid lease, the property owner must see out the lease duration.


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    #6
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    green_screen wrote: »
    Afaik if she has a valid lease, the property owner must see out the lease duration.

    Or come to an agreement with the tenant to vacate early...

    Threshold will be able to assist also if youre having trouble.

    Very bad form selling a rental property without informing the tenant of what is going on.


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    #7
    Mrs OBumble
    Registered Users Posts: 25,740 ✭✭✭✭Mrs OBumble


    djimi wrote: »
    Very bad form selling a rental property without informing the tenant of what is going on.


    But the tenant's caregiver has been informed, and that's what started this thread!

    Most likely they were told more than is reported here (eg "the building's been sold, rent will go to XXX from now onw" or "the building's being sold, we'll be letting you know about arrangeements soon"), but didn't pick up on the subtle points in the message.

    OP is your mother on the council housing list? if not, then why? If so, then have have they told her about likely place on that list?


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    #8
    Mince Pie
    Registered Users Posts: 3,901 ✭✭✭Mince Pie


    Mrs OBumble wrote: »
    But the tenant's caregiver has been informed, and that's what started this thread!

    Most likely they were told more than is reported here (eg "the building's been sold, rent will go to XXX from now onw" or "the building's being sold, we'll be letting you know about arrangeements soon"), but didn't pick up on the subtle points in the message.

    OP is your mother on the council housing list? if not, then why? If so, then have have they told her about likely place on that list?

    Hi, shes been on the council housing list for years and they have been out to interview her on numerous occasions and we keep pushing them but they keep telling us they don't have a suitable property for her at the moment. My sister is of course back on the phone to them again today.


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    #9
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Mrs OBumble wrote: »
    But the tenant's caregiver has been informed, and that's what started this thread!

    Yeah, informed that the place has been sold. Would it be too much to ask to give the tenant a heads up of the intention to sell, so that they could prepare themselves, rather than them getting a letter saying "place has been sold, get out in 84 days"?


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    #10
    Mince Pie
    Registered Users Posts: 3,901 ✭✭✭Mince Pie


    djimi wrote: »
    Yeah, informed that the place has been sold. Would it be too much to ask to give the tenant a heads up of the intention to sell, so that they could prepare themselves, rather than them getting a letter saying "place has been sold, get out in 84 days"?

    My sister found out kinda by accident. I have the same agent and my sister had to let a chap in to do measurements etc as incidently my block has just been sold as well.
    She queried some paperwork for my mother and that's how she found out. So she's just trying to get some more information at the moment but I just wanted to get our legal stance for the just in case.


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    #11
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    If the whole block has been sold then I wouldnt be as worried; its unlikely that someone is buying a block of apartments with a view to turfing everyone out (unless they plan to knock them maybe).


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    #12
    Mince Pie
    Registered Users Posts: 3,901 ✭✭✭Mince Pie


    djimi wrote: »
    If the whole block has been sold then I wouldnt be as worried; its unlikely that someone is buying a block of apartments with a view to turfing everyone out (unless they plan to knock them maybe).

    No, they need a lot of work doing on them so I'm not too worried at the moment, just the price hike when they are sorted. :eek:


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