Is this legal what was done?

sniperman

hi folks,i know a family who were renting a 3 bedroom house for five years,all rents/bills paid up to date,yesterday the landlord came and gave them 2 weeks notice to leave saying the house was now sold.and the new owners are waiting to move in,he never evan told them he had it up for sale,is it legal what he done?should he give more notice?thanks all for help.

DM addict

He can sell the property, but I would have thought he'd have to give more than two weeks notice. Depending on the reason for the sale, that might not be true though.

braddun

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

16 weeks notice

Senecio

How did he sell a property without the tenants knowing?

cnocbui

Who is going to buy a house without looking at it?

foggy_lad

sniperman wrote: »

hi folks,i know a family who were renting a 3 bedroom house for five years,all rents/bills paid up to date,yesterday the landlord came and gave them 2 weeks notice to leave saying the house was now sold.and the new owners are waiting to move in,he never evan told them he had it up for sale,is it legal what he done?should he give more notice?thanks all for help.

No it is not legal, they are entitled to a lot more notice than two weeks.

There are two senarios here,

1 If they are on a part 4 tenancy they are entitled to a minimum period of notice of 112 days/16 weeks.

2 If they have a lease it might be the case that they have the right to stay until the end of the lease period unless there is a break clause written into the lease, in this case the notice is still 116 days but the Landlord has the option of buying the tenant out of the remainder of their lease.

gaius c

sniperman wrote: »

hi folks,i know a family who were renting a 3 bedroom house for five years,all rents/bills paid up to date,yesterday the landlord came and gave them 2 weeks notice to leave saying the house was now sold.and the new owners are waiting to move in,he never evan told them he had it up for sale,is it legal what he done?should he give more notice?thanks all for help.

On the face of it, it doesn't sound legal at all but they need to get proper advice.
Call threshold (http://www.threshold.ie/).
Cork 021 4278848 , Dublin 1890 334 334 or Galway 091 563080

Michael D Not Higgins

cnocbui wrote: »

Who is going to buy a house without looking at it?

Yeah sounds dodgy. I'd be checking daft and the like to see if it was advertised. There's no way you buy a house without a thorough inspection and surveys being carried out.

Lemming

Michael D Not Higgins wrote: »

Yeah sounds dodgy. I'd be checking daft and the like to see if it was advertised. There's no way you buy a house without a thorough inspection and surveys being carried out.

And unless it's a cash buyer, the banks wouldn't sign off on a mortgage without "vacant posession" of the property either.

allibastor

Have you actually spoken to the LL yet OP.

Just curious on this as on thing is certain, something very fishy is going on here.

By the way, unless you lease is up in two weeks time they cant actually ask you to leave. I am looking at a house now with sitting tenants and was told they wont be asked to leave until end of February.

the groutch

If it is actually SOLD, would he have the authority to try "remove" someone from a property he doesn't even own any more?

PixelTrawler

I thought a property had to be vacant to close a sale? Anyway it sounds dodgy.

The_Conductor

PixelTrawler wrote: »

I thought a property had to be vacant to close a sale? Anyway it sounds dodgy.

No- you can buy and sell a property with sitting tenants- with residential property a mortgage lender will only give a loan if the purchaser has vacant possession though (however- if they have the cash to buy it outright- happy days!)

sniperman

Senecio wrote: »

How did he sell a property without the tenants knowing?

well,he just arrived and said the house has been sold,and thats it,heres your 2 weeks notice.

The_Morrigan

Get straight onto Threshold for further advice and the PRTB to lodge a case.

2 weeks is not a sufficient notice (I'd even question if the notice was valid at all), even if you have to move you have to be given the correct notice in which to vacate. Landlord could be facing a very hefty fine for this.

sniperman

allibastor wrote: »

Have you actually spoken to the LL yet OP.

Just curious on this as on thing is certain, something very fishy is going on here.

By the way, unless you lease is up in two weeks time they cant actually ask you to leave. I am looking at a house now with sitting tenants and was told they wont be asked to leave until end of February.

no i did not speak to the LL, i just know of the case

alias no.9

PixelTrawler wrote: »

I thought a property had to be vacant to close a sale? Anyway it sounds dodgy.

I've been a tenant in a house that had been owned by two sisters who sold it to their brother. Imagine our surprise when 6 months later after he finally came to see the house, he decided the rent needed to be upped to €1150pcm. The arrangement upon closing the sale had been to continue paying the rent to the sisters account, he was under the impression we were paying €950pcm when we'd been paying €1150pcm all along.

Detached Retina

alias no.9 wrote: »

I've been a tenant in a house that had been owned by two sisters who sold it to their brother. Imagine our surprise when 6 months later after he finally came to see the house, he decided the rent needed to be upped to €1150pcm. The arrangement upon closing the sale had been to continue paying the rent to the sisters account, he was under the impression we were paying €950pcm when we'd been paying €1150pcm all along.

I see what you're saying - sounds sketchy - without viewing sale must have been to family member,or the LL in question is chancing his arm. Not a bit professional, even accidental LL's generally should know the rules about notice. 2 weeks? gotta be kidding

gaius c

Detached Retina wrote: »

I see what you're saying - sounds sketchy - without viewing sale must have been to family member,or the LL in question is chancing his arm. Not a bit professional, even accidental LL's generally should know the rules about notice. 2 weeks? gotta be kidding

Or it wasn't really sold and he/she just wants them out pronto.

OldNotWIse

They have rights under part 4. He needs to give more notice. There are specific notice periods depending on how long they have been there.

In light of other comments wrt selling, there is not much they can do but it is very serious if he is found to have fabricated lies about needing to sell etc.

Beaner1

Tell him the notice of quit was invalid. You can remain there till they serve a valid notice to quit and after the correct period.

Michael D Not Higgins

Beaner1 wrote: »

Tell him the notice of quit was invalid. You can remain there till they serve a valid notice to quit and after the correct period.

And then take it to the PRTB if it has not been sold because it is an illegal eviction.

tomhenryford

And two weeks before Christmas, sounds like a right scumbag.