Landlord query: putting house on the market, tenant has fixed term lease

gordon029

As a landlord what is the situation regarding selling a house which has a tenant in it on a 12 month lease.I have tried to understand the prtb rules but find it all very confusing.Can I give him a letter stating my intention to sell and put it on the market or do I have to wait until the 12 months is up. I would appreciate any good advice. Thank you

antoinolachtnai

If the lease has no break clause you can't just terminate it. You have to wait.

dennyk

Your lease controls if, when, and how you can terminate the contract, although you are also still bound by the restrictions and notice periods in Part IV of the RTA if the tenant has been there for six months. I don't believe there are any additional requirements to end a lease beyond the standard RTA rules and whatever is in the lease itself regarding termination.

I assume you know what's in your lease, so that would be your answer. If you didn't include a break clause, then you cannot unilaterally terminate the tenancy before the end of the lease period. However, you could come to an agreement with the tenant to end the lease early as long as you both agreed to the terms.

Retrovertigo

gordon029 wrote: »

As a landlord what is the situation regarding selling a house which has a tenant in it on a 12 month lease.I have tried to understand the prtb rules but find it all very confusing.Can I give him a letter stating my intention to sell and put it on the market or do I have to wait until the 12 months is up. I would appreciate any good advice. Thank you

All info here

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

Victor

You can of course sell, but not everyone will want to buy with a sitting tenant.

Retrovertigo

Victor wrote: »

You can of course sell, but not everyone will want to buy with a sitting tenant.

With a 12 month lease? Good luck with that.

Graham

Retrovertigo wrote: »

It's black and white under these conditions.

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

Everything on that page appears to reference ending a tenancy, no mention of ending a lease which usually grants tenants additional security.

Added this is on the page you linked:

If you have a fixed-term tenancy, the landlord cannot normally end the tenancy unless you are in breach of your obligations

Retrovertigo

Graham wrote: »

Everything on that page appears to reference ending a tenancy, no mention of ending a lease which usually grants tenants additional security.

Added this is on the page you linked:

Please point out what would prevent a landlord to sell.

Graham

Retrovertigo wrote: »

Please point out what would prevent a landlord to sell.

Nothing.

That was more aimed at your suggestion a lease can be ignored/broken for the purposes of a sale:

Retrovertigo wrote: »

2 rules, family moving in or selling are the fast track to removing tenants.

gordon029

Thank you all, for your replies. I gather then that I will be unable to sell until the lease ends in October.If I make it clear now that the house is going to be sold will I have to give anymore notice or jump through anymore hoops to allow me to sell. .

GGTrek

gordon029 wrote: »

Thank you all, for your replies. I gather then that I will be unable to sell until the lease ends in October.If I make it clear now that the house is going to be sold will I have to give anymore notice or jump through anymore hoops to allow me to sell. .

for the notice of termination to be valid you will have to wait until 1 day after the 12 months lease has expired. For example lease started on 13th of October 2016 you can serve notice on 14th of October 2017 for termination date X days after serving date. Follow exactly the process detailed here: http://www.rtb.ie/docs/default-source/notice-of-terminations-landlord-pdf/landlord-intends-to-sell-the-dwelling.pdf?sfvrsn=2
Be careful with the required amount of notice period and going to solicitor to get the statutory declaration witnessed. The Rtb site provides a table and it depends on when your tenant first entered the dwelling, not when your current lease started.

davindub

gordon029 wrote: »

Thank you all, for your replies. I gather then that I will be unable to sell until the lease ends in October.If I make it clear now that the house is going to be sold will I have to give anymore notice or jump through anymore hoops to allow me to sell. .

I wouldn't rely on advice given here/ on web in general op as to when you can attempt to sell.

Really what you need a professional answer to:

1. Whether common law remedies for breach of contract can be used to determine a notice of termination is invalid?
2. Whether a provision in the legislation that specifically allows LL's to terminate a part 4 tenancy could be successfully used to defend a breach of contract action based on common law principles?

gordon029

Once again thank you for your replies. I realise now why people are removing themselves from the residential rental market as It.s a bit of a nightmare with all the new rules so when this lease is up I will be joining them as It is only going to get worse.Thanks again