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Rental rights

  • 28-02-2017 10:31am
    #1
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Regional West Moderators Posts: 60,962 Mod ✭✭✭✭


    So i was in contact with my LL about property tax letters that hasd arrived and she said i'll probably have to be out in less than a month because the bank is foreclosing, obviously i wish she could have said this sooner, i have been a tenant here for 6ish years, my question is will it be possible to get a longer period of notice or where do i stand?
    I will go to citizen's advice for info but i'm in a huge panic right now so hoping for some answers here.. Sorry if my post is messy.


Comments

  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    You are required to get 84 days notice.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html#l1715c

    As of yet, it doesn't sound like you have been properly served any notice. Stay where you are and do nothing different.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


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

    You need at least 24 weeks notice if you're there 6-7 years (20 weeks for 5-6). The reason must be one of the allowed reasons in the RTA. If the bank are repossessing the house they will become your landlord and will be bound by the same tenancy law and your security of tenure. It's likely they will issue notice of termination when they take over but you have no need to leave until you have a valid notice of termination.

    It would be prudent to start looking for alternative accommodation now though.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Paulw wrote: »
    You are required to get 84 days notice.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html#l1715c

    As of yet, it doesn't sound like you have been properly served any notice. Stay where you are and do nothing different.

    That's the notice a tenant is required to give. Either way, OP, you don't need to leave anytime soon.


  • Registered Users, Registered Users 2 Posts: 7,593 ✭✭✭theteal


    I'm guessing the OP's rent payments weren't going off the mortgage. Should the OP continue to pay? How likely is a deposit return?


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    theteal wrote: »
    I'm guessing the OP's rent payments weren't going off the mortgage. Should the OP continue to pay? How likely is a deposit return?

    Stopping paying rent is illegal. Speculating on the non-return of deposit isn't grounds to stop paying rent.


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  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    Stopping paying rent is illegal. Speculating on the non-return of deposit isn't grounds to stop paying rent.

    Realistically though, the OP's deposit is gone


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Don't panic yet. Even if the bank is foreclosing they can't over-ride the law in these cases. You will be able to stay there for the minimum notice period but it's wise to start looking for somewhere else in the meantime.


  • Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Regional West Moderators Posts: 60,962 Mod ✭✭✭✭Gremlinertia


    Yeah my deposit is gone, but i'll take that on the chin, i will continue paying rent because stopping would put me in the wrong. Notice came via text message so it's not done properly yet. Hoping the bank will give me time or even continue my tenancy


  • Registered Users, Registered Users 2 Posts: 6,541 ✭✭✭Claw Hammer


    The LL can't surrender to the bank without giving you proper notice. The bank may claim your lease is void and they don't have to honour it.
    http://www.thesundaytimes.co.uk/sto/news/ireland/article1165306.ece


  • Registered Users, Registered Users 2 Posts: 23,894 ✭✭✭✭ted1


    theteal wrote: »
    I'm guessing the OP's rent payments weren't going off the mortgage. Should the OP continue to pay? How likely is a deposit return?

    Of course they should, why wouldn't they?


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  • Registered Users, Registered Users 2 Posts: 6,541 ✭✭✭Claw Hammer


    The Landlady might just want you out and is telling lies in the hope of getting you to go voluntarily. Some landlords have even set up companies, registered a charge on a property the landlord owns outright in favour of the company and then told the tenant that the company was enforcing its charge and they would have to leave as the lease had been made in breach of the mortgage.


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