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Validity of notice?

  • 02-01-2019 5:49pm
    #1
    syndrome777
    Registered Users, Registered Users 2 Posts: 223 ✭✭


    Please merge with an existing thread if you feel like there is basis.

    I am reading tuns on RTB but I am no clearer on weather our notice is valid.

    We moved in our apt in 08/13. We are in Dublin 8.

    Our Building of 16 apartments was in receivership for a while, not sure if it was once we moved in it or went in to it later.

    It was sold last year around 10/17 to a single buyer with tenements in situ in all apartments.

    I am reading this https://beauchamps.ie/publications/446

    And it seems that if the new LL buys the property with tenements in situ we can remain on our previous part 4.

    But again part 4 can be breached if the LL is selling, which on our notice they claim they are. I believe they will sell the apt's one by one....as we ask a couple of our neighbors and no one was served except us. We also met a new guys who just rented and moved above us for a year.

    Also is there a minimum time that the new LL can serve a notice to tenements once he buys the apartments....is there any law on this?

    So I find it strange that they only decided to sell our apartment, and not the one above that was empty.

    Anyway, it might be that all of this in on point and we do need to be out, but we are in the process ob buying our own place (mortgage approved and currently the highest bid, so all of this is quite stressful).


Comments

  • #2
    dennyk
    Registered Users, Registered Users 2 Posts: 1,780 ✭✭✭dennyk


    Your current landlord can serve notice to you at any time if they intend to sell your unit. They may be planning to sell off the individual units piecemeal over a longer period of time to avoid the Tyrrelstown Amendment restrictions regarding sales of large numbers of occupied units in multi-unit developments; this is perfectly legal for them to do as long as they don't sell ten or more units in the property within a six-month period. Your landlord is under no obligation to sell their vacant units first before selling units with tenants. You may be able to challenge the notice itself on other grounds (incorrectly formatted, improper notice period, etc.) if it is in fact incorrect, but there's nothing inherently wrong with the new owner giving you notice due to intent to sell under the Part 4 regulations.


  • #3
    syndrome777
    Registered Users, Registered Users 2 Posts: 223 ✭✭syndrome777


    dennyk wrote: »
    Your current landlord can serve notice to you at any time if they intend to sell your unit. They may be planning to sell off the individual units piecemeal over a longer period of time to avoid the Tyrrelstown Amendment restrictions regarding sales of large numbers of occupied units in multi-unit developments; this is perfectly legal for them to do as long as they don't sell ten or more units in the property within a six-month period. Your landlord is under no obligation to sell their vacant units first before selling units with tenants. You may be able to challenge the notice itself on other grounds (incorrectly formatted, improper notice period, etc.) if it is in fact incorrect, but there's nothing inherently wrong with the new owner giving you notice due to intent to sell under the Part 4 regulations.

    I thought so.

    It's just odd that they move tenements in to one apartment in the same time as they were serving us with notice.

    Also whats the point of protection if more than 10 are sold when the new LL can sell them 1 by 1 straight away.

    Th notice itself seems fine and I wouldn't even despite it it for minor thugs.

    I was just wondering if the things mentioned in the first post was in compliance with the current tendency.


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