Notice of Termination question

Craftylee

Hi all,

After 7 years in our apartment we were served with a notice of termination last night along with 20 other apartments in the building. Everything on it seems valid (it's the exact template from the RTB website) and the notice period is correct for us.

The landlord is planning to sell - but due to the 'Tyrellstown Amendment' they can only do this for two specific reasons it seems. Looking at the notice its hard to know which they're saying is valid for them due to the legal jargon.

Can someone read this and "translate" what the reason is: either the 20% value one, or the 'unduly difficult' one.

https://imgur.com/2sIpAdN

Side note: The landlord only purchased the property back in November, so it's nice of them to be selling so soon to grab a nice profit and throwing all the tennants out in the meantime... but that's life I guess...

Cheshire Cat

Craftylee wrote: »

Hi all,

After 7 years in our apartment we were served with a notice of termination last night along with 20 other apartments in the building. Everything on it seems valid (it's the exact template from the RTB website) and the notice period is correct for us.

The landlord is planning to sell - but due to the 'Tyrellstown Amendment' they can only do this for two specific reasons it seems. Looking at the notice its hard to know which they're saying is valid for them due to the legal jargon.

Can someone read this and "translate" what the reason is: either the 20% value one, or the 'unduly difficult' one.

https://imgur.com/2sIpAdN

Side note: The landlord only purchased the property back in November, so it's nice of them to be selling so soon to grab a nice profit and throwing all the tennants out in the meantime... but that's life I guess...

How long is the notice period you were given? Can't see that in your picture. According to the RTB it should be 196 days.

runawaybishop

If a landlord tries to sell a block of ten or more apartments where the tenants have part 4 then the tenants stay with the new owners unless the sale is 20% below or would cause undue hardship ( but this is not defined very well). The doc states both conditions apply.

Baby01032012

Craftylee wrote: »

Hi all,

After 7 years in our apartment we were served with a notice of termination last night along with 20 other apartments in the building. Everything on it seems valid (it's the exact template from the RTB website) and the notice period is correct for us.

The landlord is planning to sell - but due to the 'Tyrellstown Amendment' they can only do this for two specific reasons it seems. Looking at the notice its hard to know which they're saying is valid for them due to the legal jargon.

Can someone read this and "translate" what the reason is: either the 20% value one, or the 'unduly difficult' one.

https://imgur.com/2sIpAdN

Side note: The landlord only purchased the property back in November, so it's nice of them to be selling so soon to grab a nice profit and throwing all the tennants out in the meantime... but that's life I guess...

Its not an OR its an AND.....20% below market value based on vacant occupation AND undue hardship....undue hardship is not defined..there is no guidance and can only be decided upon if challenged to the RTB.
If your considering challenging it get proper legal advice and form a collective with the other tenants to pool resources and mount a challenge together...you may need to employ your own valuer to determine landlords assessment of 20% stands up. Depends on how much under market rate the apartments are currently let at. 
Maybe the buyer has stipulated vacant possession in order to refurb and relet at market value.

Craftylee

Thanks all.

Yeah we've been given until mid April so we're slightly above the 196 days notice required.

Regarding the 20% value, yeah that's a tough one. The building was sold for €2,000,050 only back in November 2017, so I'm surprised the previous owner didn't do the same thing before selling if it meant they would get more money.

Claw Hammer

The Tyrellstown tenants got a solicitor and barrister through Ruth Coppinger TD and won their cases at the RTB. If there are 20 tenancies a test case would be affordable and would pay for itself if even a few months longer in the unit were gained.

seamus

Craftylee wrote: »

Thanks all.

Yeah we've been given until mid April so we're slightly above the 196 days notice required.

Regarding the 20% value, yeah that's a tough one. The building was sold for €2,000,050 only back in November 2017, so I'm surprised the previous owner didn't do the same thing before selling if it meant they would get more money.

The previous seller could have been a bank or a distressed loans company who just wanted it off their books.

Clearly the purchaser saw an opportunity here to buy it, sit on it for a year, then evict the tenants and sell it for a profit.

It might be worth doing some digging; find out who the previous owner was and who the new owner is and whether there are connections between the two.

For example, if the previous owner and the current owner are subsidiaries of the same company, you could have a good case.