Am I being unreasonable?

borderlinemeath

salamanca22 wrote: »

Why? They are in a great place to negotiate. The OP works from home so moving would cause loss of income. They can stay til the end of the lease if they wanted too and not be unreasonable. Giving the landlord a far better deal of leaving early with concessions towards the tenant is, in my own opinion a better deal for the landlord than living out the lease and potentially losing the sale.

OP ignore the high horse brigade, look after number one and don't feel bad about your landlords situation because they have also put you in this terrible situation.

Good luck with it.

Hold on a minute, the landlord has been threatened with repossession which could have huge financial negative effects for their family. They have been forced to emigrate to pay their own bills. They are stuck in an impossible situation, a bank forcing them to sell or face repossession and a tenant that won't move out and jeopardizes the sale. The tenant is holding all the cards and is being fairly unreasonable given the sequence of events as described.

D3PO

Ken79 wrote: »

That being said, I'm going to extract a few bob from the situation as the lease she wants to buy me out of has a value - I just don't want to go overboard.

Right you just answered your own question. Your trying to screw somebody in a vulnerable position for as much as you can get. Yep that's pretty unreasonable.

Karmas a bitch just remember that.

bjork

D3PO wrote: »

Right you just answered your own question. Your trying to screw somebody in a vulnerable position for as much as you can get. Yep that's pretty unreasonable.

Karmas a bitch just remember that.

She still give a good reference thought, because her dad lives across the road and would go mad!! :rolleyes:

drumswan

borderlinemeath wrote: »

Hold on a minute, the landlord has been threatened with repossession which could have huge financial negative effects for their family. They have been forced to emigrate to pay their own bills. They are stuck in an impossible situation, a bank forcing them to sell or face repossession and a tenant that won't move out and jeopardizes the sale. The tenant is holding all the cards and is being fairly unreasonable given the sequence of events as described.

What has any of that got to do with the OP?

Is he operating a support network for landlords who cant pay their bills?

Perhaps the rental classes of Ireland should do a weekly whip round for the poor downtrodden property owners of Ireland.

Ken79

salamanca22 wrote: »

Why? They are in a great place to negotiate. The OP works from home so moving would cause loss of income. They can stay til the end of the lease if they wanted too and not be unreasonable. Giving the landlord a far better deal of leaving early with concessions towards the tenant is, in my own opinion a better deal for the landlord than living out the lease and potentially losing the sale.

OP ignore the high horse brigade, look after number one and don't feel bad about your landlords situation because they have also put you in this terrible situation.

Good luck with it.

Ah, look, I came on here to hear from them too. I know I'm driving a hard bargain - though nowhere near as hard as I know I could.

And yeah, the disruption to work is a problem because as it is I'm working until 10 most nights and weekends. But to be fair, there is a little opportunism here too brought about by them giving me a deadline which they have been told they have no right to serve.

I'm perfectly happy for them to back off and let us find a place in our own time. Time gives me bargaining power with new properties and may even bring us up to the point where we can buy.

I'm the kind of guy who is nice but the minute you try to bully me you see a much harder side.

salamanca22

borderlinemeath wrote: »

Hold on a minute, the landlord has been threatened with repossession which could have huge financial negative effects for their family. They have been forced to emigrate to pay their own bills. They are stuck in an impossible situation, a bank forcing them to sell or face repossession and a tenant that won't move out and jeopardizes the sale. The tenant is holding all the cards and is being fairly unreasonable given the sequence of events as described.

The OP signed a contract with these people. End of. The landlords situation is not the problem of the tenant.

The OP has stated that he works from home. Having to move before they had planned would cause undue damage to the business. This would include loss of income as well as the risk of losing clients. They have also stated that there are no homes around their location that would be suitable for their home situation.

Why should the op lose money and move to an inferior home just to help out someone who wants to break the trust of a contract?

uck51js9zml2yt

Ken79 wrote: »

She wants to buy me out of a lease.
Even if it's a legal eviction I have nothing to lose by asking because gone is gone.

But if I'm right, it'll cover the cost of moving, the likelihood of having to pay higher rent and the disruption to my work.

And I have already received advice, as I stated. I'm just looking for something that may have been overlooked.

So you don't actually know if something is being overlooked.
She's being reasonable and your trying to screw her.
You would have cost of moving, higher rent and disruption to work regardless of when you move.
You're being difficult for the sake of being difficult

faceman

Ken79 wrote: »

I allowed the viewing because I have no problem with the hose being sold. I don't mind and it's not really any of my business once the original lease is upheld or once I am given as much time as I need to find a new home.

A LL is allowed sell their property without your consent. They only have to give you reasonable notice to viewings. The LL was foolish to agree to reduced rent during the viewings.

wrote:

As I said I'm even willing to move on provided there is no pressure to do so because the freedom to walk away at any time gives me some negotiating power when it comes to new properties while still benefiting from the security of a lease.

But 8 weeks notice is a non runner. Out by end of January? This has been going on since the start of October and my issue is there have been 0 properties to even look at in the area in that time. Any that have appeared are too far away from my mum (dad passed a few years ago so want to sty as close as possible) or too far away from the wifes work. I work from home so thankfully thats not an issue - though the disruption of a move will be.

With all due respect, none of the above personal circumstances are grounds for any LL to obliged to accommodate you.

wrote:

So from that point of view, even March is a risk. And god knows what costs will be incurred. I didn't do anything wrong here so I'd rather not be out of pocket (I will be regardless because It'll disrupt my work but I'll manage).

Insisting of 2 months free rent is in my opinion and your deposit back is both unreasonable and unethical. Again the LL is foolish to agree to it.

Ultimately the LL has had a change in circumstances and the sale is necessary. I.E. Being forced by the bank. If the home owner doesn't agree the house will be repossessed anyway. No judge in the land would uphold any claim you have on your lease given how accommodating the LL has been to you so far. 42 days is all your entitled to and 8 weeks noticed would be seen as being very accommodating. Especially given you were told months ago about the sale and given a rent reduction.

wrote:

Thats interesting about the repossessed bit. Have you any experience of it happening? Would we know if it was already repossessed?

Unless the landlord tells you, it's very possible you wouldn't find out until a notice came through the door. It would have to be mentioned in court during the repossession case that the premises is occupied by tenants and your circumstances advised. The judge may grant a temporary stay from anything from 30 days to 90 days. But that's if it is raised in court. Ultimately the banks won't care if it's occupied or not.

None of this is me having a go btw. I sympathise with both you and your LL. I can only imagine the stress your LL is under if they are forcing to sell and it really does seem your adding to the stress.

I hope an amicable solution is reached that suits everyone. (Except for the banks! )

Ken79

bjork wrote: »

She still give a good reference thought, because her dad lives across the road and would go mad!! :rolleyes:

And because they want us to leave. You glossed over that bit.

But yeah, the dad is the main threat because he'd be ashamed at how we are being treated.

D3PO

Ken79 wrote: »

I'm the kind of guy who is nice but the minute you try to bully me you see a much harder side.

I don't see them bullying you here I see them trying to make the best of a bad situation and you being inflexible because you hold the upper hand.

If they really wanted to bully you they could send the lads around turf you out change the locks and illegal evict you. Yep you could go to the PRTB about it but as they don't live in Ireland anybody due to I suspect their dire situation any illegal eviction award your adjucated to get would be uncollectable.

Like I said equally if the bank repossesses you have no rights and could also be turfed out.

Your not in as strong a position as you would like to think you are. Whats better a reasonable compromise where you are remunerated in some way for the inconvenience or a situation where you have no power or control and are left with a day to find emergency accommodation ?

Ken79

Finnegan Chubby Scholarship wrote: »

So you don't actually know if something is being overlooked.
She's being reasonable and your trying to screw her.
You would have cost of moving, higher rent and disruption to work regardless of when you move.
You're being difficult for the sake of being difficult

I'm being difficult because they are trying to give us a deadline which they have no right to serve. Perhaps they have no choice - fair enough - but if you want out of a lease you pay for the privilege. Whether that be in the form of time or free rent - either way I don't mind.

But don'e serve me an illegal eviction notice and then expect hugs and kisses afterwards. And the notice of eviction is definitely illegal because the reasons stated are not ones which can be used to terminate a fixed term tenancy.

drumswan

faceman wrote: »

A LL is allowed sell their property without your consent.

The OP has a fixed term lease, nobody will be able to buy the property with a sitting tenant.

This ridiculous nonsense notion that a tenant is just a guest to be slung out of a landlords house on spec is an annoying as it is widely accepted.

Cant pay your bills? Cant meet your legal obligations as a landlord? under pressure from a bank?

Dont worry, Johnny Renter will forgo all his legal rights to bail you out. Dont worry that theres a legal contract in place sure. Dont worry that hes paying 15 grand a year for a service.

Ken79

D3PO wrote: »

I don't see them bullying you here I see them trying to make the best of a bad situation and you being inflexible because you hold the upper hand.

If they really wanted to bully you they could send the lads around turf you out change the locks and illegal evict you. Yep you could go to the PRTB about it but as they don't live in Ireland anybody due to I suspect their dire situation any illegal eviction award your adjucated to get would be uncollectable.

Like I said equally if the bank repossesses you have no rights and could also be turfed out.

Your not in as strong a position as you would like to think you are. Whats better a reasonable compromise where you are remunerated in some way for the inconvenience or a situation where you have no power or control and are left with a day to find emergency accommodation ?

Illegal eviction notice when you have been informed that you cannot terminate a tenancy on those grounds is bullying. Maybe not intentionally but the effect on us is the same.

borderlinemeath

drumswan wrote: »

What has any of that got to do with the OP?

Is he operating a support network for landlords who cant pay their bills?

Perhaps the rental classes of Ireland should do a weekly whip round for the poor downtrodden property owners of Ireland.

The tenant has been compensated by way of greatly reduced rent, he's squeezing the landlord for every penny he can and then some. He's going to have to move one way or the other, but he could potentially financially ruin somebody by his actions of digging his heels in. I would not like that on my conscience. Whether he is legally right or not is not the issue I would be bothered about, it's how morally corrupt his actions to another person who is stuck in a horrible situation is. In my eyes he's just as bad as a tenant that doesn't pay rent and won't move out because essentially that is what he wants to do.

uck51js9zml2yt

Ken79 wrote: »

I'm being difficult because they are trying to give us a deadline which they have no right to serve. Perhaps they have no choice - fair enough - but if you want out of a lease you pay for the privilege. Whether that be in the form of time or free rent - either way I don't mind.

But don'e serve me an illegal eviction notice and then expect hugs and kisses afterwards. And the notice of eviction is definitely illegal because the reasons stated are not ones which can be used to terminate a fixed term tenancy.

Nothing illegal about it from what I can see.
They are selling and are giving you more notice than required.

drumswan

D3PO wrote: »

ILike I said equally if the bank repossesses you have no rights and could also be turfed out.

Your not in as strong a position as you would like to think you are. Whats better a reasonable compromise where you are remunerated in some way for the inconvenience or a situation where you have no power or control and are left with a day to find emergency accommodation ?

Then let them repossess. It will take months from now at a minimal and the reciever will communicate with the tenant during the process, leaving him no worse off that he is now. OP only has the landlords word that the bank are involved at all. Whos to say she isnt lying?

salamanca22

borderlinemeath wrote: »

The tenant has been compensated by way of greatly reduced rent, he's squeezing the landlord for every penny he can and then some. He's going to have to move one way or the other, but he could potentially financially ruin somebody by his actions of digging his heels in. I would not like that on my conscience. Whether he is legally right or not is not the issue I would be bothered about, it's how morally corrupt his actions to another person who is stuck in a horrible situation is. In my eyes he's just as bad as a tenant that doesn't pay rent and won't move out because essentially that is what he wants to do.

Ohh I see now. The OP should move out and bail the landlord out of their situation... Oh and in the process put themselves in a worse situation too. Yep. Sounds fair.

Finnegan Chubby Scholarship wrote: »

Nothing illegal about it from what I can see.
They are selling and are giving you more notice than required.

True... if there was no lease in place.

drumswan

Finnegan Chubby Scholarship wrote: »

Nothing illegal about it from what I can see.
They are selling and are giving you more notice than required.

Thats because you, like many others on this thread, dont know what you are talking about.

The OP has a fixed term lease, landlord selling is not valid grounds for eviction.

Thats why people sign fixed term leases. Its not a 'fixed term unless it doesnt suit the landlord all of a sudden' lease.

Ken79

D3PO wrote: »

Right you just answered your own question. Your trying to screw somebody in a vulnerable position for as much as you can get. Yep that's pretty unreasonable.

Karmas a bitch just remember that.

We're in a pretty vulnerable position too. We are being turfed out of our home and we have nowhere to go.

Look, we did everything right - got the right lease, paid rent on time and even in advance when asked, minded the house as our own. I'm even willing to let them out of the lease once they allow us as much time as we need.

But telling me get out in 8 weeks with no concern for where I can go is a non-runner. Allowing thats wouldn't the actions of a good man, they'd be the actions of a simpleton.

D3PO

Ken79 wrote: »

Illegal eviction notice when you have been informed that you cannot terminate a tenancy on those grounds is bullying. Maybe not intentionally but the effect on us is the same.

so if that's your stance then say no your not moving as you have no legal obligation to. Pay your full rent on time till your lease ends and hope the bank don't reposess and kick you out on your arse with a few hours notice.

don't go hiding behind the technicalities of the situation for financial gain and then try and defend your position by saying its an illegal eviction. Your either willing to force them to abide by tenancy law which is then end of conversation or your willing to move because its the reasonable thing to do.

Happy Christmas by the way.

flowerific

You sounds like you want everything your own way. To rent a house and still have the security as if you own the house. get a grip on reality. The all has given you two months notice. If she has legally given you enough notice then you have to leave on the given date. You say you dont mind having people view the house. The ll reduced your rent for the inconvenience.
Its not the all fault if you are inconvenienced by the move.
You sound like self centered beep

salamanca22

D3PO wrote: »

so if that's your stance then say no your not moving as you have no legal obligation to. Pay your full rent on time till your lease ends and hope the bank don't reposess and kick you out on your arse with a few hours notice.

don't go hiding behind the technicalities of the situation for financial gain and then try and defend your position by saying its an illegal eviction. Your either willing to force them to abide by tenancy law which is then end of conversation or your willing to move because its the reasonable thing to do.

Happy Christmas by the way.

The LL has the option of refusing the offer and living out the lease. The OP has just given them a much better option.

D3PO

drumswan wrote: »

Then let them repossess. It will take months from now at a minimal and the reciever will communicate with the tenant during the process, leaving him no worse off that he is now. OP only has the landlords word that the bank are involved at all. Whos to say she isnt lying?

we don't know how long it will take because neither of us know how long the situation is going on. For all we know the LL is lying we just don't know.

equally for all we know they are years into the process with the banks. The OP is more than entitled to stay pay their rent demand their lease be adhered to and all may be well and good or it may not.

My point in this regard is that in the context of the OP deciding on their options its something they should bear in mind

NewCorkLad

Ken79 wrote: »

We're in a pretty vulnerable position too. We are being turfed out of our home and we have nowhere to go.

Look, we did everything right - got the right lease, paid rent on time and even in advance when asked, minded the house as our own. I'm even willing to let them out of the lease once they allow us as much time as we need.

But telling me get out in 8 weeks with no concern for where I can go is a non-runner. Allowing thats wouldn't the actions of a good man, they'd be the actions of a simpleton.

You were given effectively 5 months notice to leave I wouldnt call that being turfed out. Did you even view 1 property in the last 3 months after saying you would look.

Ken79

Finnegan Chubby Scholarship wrote: »

Nothing illegal about it from what I can see.
They are selling and are giving you more notice than required.

It's a fixed term lease. You cannot evict someone on a fixed term lease unless they breach the lease.

They are required, as of now to give me almost 11 months notice so they are not giving me more than is required.

Even if they had valid grounds to terminate, the notice is still illegal because those grounds have to be stated on the notice to quit.

drumswan

D3PO wrote: »

so if that's your stance then say no your not moving as you have no legal obligation to. Pay your full rent on time till your lease ends and hope the bank don't reposess and kick you out on your arse with a few hours notice.

Its down to a few hours now is it? Get a grip. Its not the OPs obligation to give up their home and disrupt their entire lives to bail out one of the gazillions of gombeen amateur landlords who got in over their heads.

D3PO

salamanca22 wrote: »

The LL has the option of refusing the offer and living out the lease. The OP has just given them a much better option.

is it a better option though ? We don't know enough of the situation to know that is correct.

The OP can roll the dice though that's their prerogative. Im not so sure Id have much sympathy for them though if there was a knock on the door form the banks representatives turfing them out on the street though.

if they go and decide to be inflexible and it bites them in the ass then that's their own fault. May not happen of course but who knows.

whippet

OP .. don't pay your rent next month ... that will clarify everything then. Make it much simpler

Ken79

NewCorkLad wrote: »

You were given effectively 5 months notice to leave I wouldnt call that being turfed out. Did you even view 1 property in the last 3 months after saying you would look.

If you read the thread you'll see that there has been nothing.

My wife has been keeping a constant check on daft and there is nothing in the local papers. We have't gone to a letting agent though - last time I went to the local ones they were all insisting on inspections every 2 months. Not happening.

I am not going to give up a lease for potentially worse conditions than I have unless it is worth my while. Nobody would because it's a really stupid thing to even contemplate.

Ken79

whippet wrote: »

OP .. don't pay your rent next month ... that will clarify everything then. Make it much simpler

No. That would be a breach of the lease and be a dumb thing to do. If no agreement is made we keep paying the rent until we leave but we only leave when it suits us.