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Notice to quit for sale of property, confused about notice period.

  • 18-08-2016 9:09am
    #1
    Spanish Eyes
    Registered Users, Registered Users 2 Posts: 16,059 ✭✭✭✭


    My aunt is considering selling her rented property to defray nursing home costs. She does not qualify for Fair Deal except for a few euro a week.

    Anyway, the tenants are on a part four, having been there for over three years.

    The second part 4 would start on 1 February 2017.

    I am obviously helping her with the paperwork etc. on this, and have looked up all the relevant information. From what I can see the tenants who are there less than four years are entitled to 84 days notice.

    My question is, does the 84 days notice have to expire before 1 Feb 17 so that a second part 4 does not arise?

    Anyway, I think even if a second part 4 happens for whatever reason, within he first six months of the second part 4 Aunt can give notice to quit with no reasons needed.

    Can anyone tell me if that is right, and particularly about the need for the 84 days to be expired before 1 Feb 17.

    First time having to do any of this and am doing my best here! Sorry if it is obvious to those who know....

    Thanks.


Comments

  • #2
    tuisginideach
    Registered Users, Registered Users 2 Posts: 2,101 ✭✭✭tuisginideach


    Some of the information given to me here http://www.boards.ie/vbulletin/showthread.php?p=100699839 may be of interest/assistance to you.


  • #3
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Your Aunt just has to give the required notice and the tenants then have notice to quit for whatever reason is provided. if it goes into the next part4 it will not matter as notice to quit has been given.


    The same if ye gave notice without a reason at the start of the next part4 and the tenants had not left before the 6 month period had ended, the tenants will not gain any extra protection from the part4 going beyond 6months because they are under notice to quit and new notice does not have to be issued giving one of the reasons to end a part4.


  • #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Spanish Eyes wrote: »
    My aunt is considering selling her rented property to defray nursing home costs. She does not qualify for Fair Deal except for a few euro a week.



    Can anyone tell me if that is right, and particularly about the need for the 84 days to be expired before 1 Feb 17.

    ...

    Thanks.

    The 84 days notice has to be given before 1 Feb 17. It can expire anytime if her reason is that she intends to sell the property. It is not called a Notice to Quit, it is called a Termination Notice and it takes quite a bit of skill to draft them properly.
    If the tenants challenge it, and it is wrong the RTB will declare it invalid and you have to start again.


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