Selling property notice

Dav010

davindub wrote: »

Nice definition but it's not an English one or a legal one.

Lease vs license.

"Let" specifically refers to a lease and not to a license. Very very basic stuff here, but you do know why you cannot create a legal lease at all whilst living in the same unit?

Where is that specific reference?

“Letting” seems to be defined as the renting of a property, it does not specify the type of rental, whether it is a tenancy as defined by the RTB, or a licence agreement etc, but as it is very very basic stuff, you will no doubt show the specific reference.

davindub

Dav010 wrote: »

Where is that specific reference?

“Letting” seems to be defined as the renting of a property, it does not specify the type of rental, whether it is a tenancy as defined by the RTB, or a licence agreement etc, but as it is very very basic stuff, you will no doubt show the specific reference.

https://www.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/subletting-and-assignment

10 seconds to dig this out.

Dav010

davindub wrote: »

https://www.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/subletting-and-assignment

10 seconds to dig this out.

That is subletting, not “let”.

davindub

Dav010 wrote: »

That is subletting, not “let”.

Yes, "sub" & "let".

Anyway, I've shown you a definition for subletting you can use.

corrado20t

Many thanks for all your help. With the extension of the restrictions. So does that mean i cannot give notice to them till they are lifted?

Pkiernan

corrado20t wrote: »

Many thanks for all your help. With the extension of the restrictions. So does that mean i cannot give notice to them till they are lifted?

Yes.
No notice may be served as per RTB website.

Total violation of property rights to appease the ultra hard left

Fran_AZNEU

Hello All,

Hope you all are well, didn’t want to open a new thread and this one seems the closest to my questions

Background

1 – I rented two rooms in my house as a landlord living in the house

2 – That’s falls in RTB as licence a room, outside part 4

3 – Now all tenants left, The Last one before the summer this year  

4 – The house is vacant I moved somewhere else

5 – I am selling the house

6 – The layer is asking to disclose all my past tenants' information to add to the contract ( see below point 8)

 7 – I clarified that there were licences, not RTB tenancy agreements therefore outside part 4

8  - Lawer still insisting see note here:

" ....The legal basis is that they (the Buyers)  must ensure that there is no other party that might have an interest in the property – in Ireland tenants gain rights after a certain period of time.

 The purchaser’s solicitor will require this information.

 I understand the tenants were there under licence.

 You do not have to give names of the tenants but please state the terms of the licences – I understand there were four tenants so please state the length of the terms i.e. when they started and when they ended, the rent payable, whether any deposit was paid etc.

 This is one of a completely standard set of requisitions for Sale contracts where there were tenants in the property within the last two years.

 This information will be required to enter into the contract....."

9- I am very confused with this as the house is vacant and do not see the need to disclose tenants & rents information for such a vague concern “that there is no other party that might have an interest in the property” – particularly since the house is vacant and prior agreement fall outside part 4, that I do understand represents a set of T&Cs that must be satisfied as per RTB guidelines but not for licence a room

 Any insights will be greatly appreciated.

Thanks

Fran 

3DataModem

The buyer is ensuring there is no RPZ rent cap on the property. Perfectly standard these days, as a purchased vacant properly might still have a tenancy from 18 months ago that sets the RPZ cap. Very important to get this right.

If some old roommate of yours can make a claim they were a tenant of some kind or otherwise subject to the RTB retrospectively, then the value of the property may be dramatically lower to an investor due to the RPTZ.

Fran_AZNEU

https://www.boards.ie/discussion/comment/121375160#Comment_121375160

Hi, Sorry to bother you again, many thanks for the response. These disclosures will need to be placed in the contract anyway if the house is purchased to be occupied by the new owners with no investment intent but just as their new family home?

3DataModem

https://www.boards.ie/discussion/comment/121376547#Comment_121376547

That's a question for your own solicitor.

mrslancaster

If there was a tenancy agreement it should have been registered with rtb.

Would the solicitor be satisfied with a letter/email from rtb to confirm that the property is not on their database and was not registered as a rental in the last two years?

meijin

https://www.boards.ie/discussion/comment/121398849#Comment_121398849

in principle: even if the tenancy was not registered with RTB, that doesn't prove that there was no tenancy

(OK, it wasn't in this case, as it was room renting with the owner.)

mrslancaster

https://www.boards.ie/discussion/comment/121399497#Comment_121399497

Just curious about this but how do sellers prove there was no tenancy when selling a property that they don't currently live in other than confirming there was no tenancy agreement registered with the rtb ?

Whether it is the sellers only property, or a second or third property, how else do they prove it had no tenants? A property could be vacant if the seller was abroad or renting elsewhere themselves, or a holiday home, or used by kids, or empty because the owner didn't want to be a landlord etc., many different reasons. Surely any person claiming to have tenancy rights would need proof of that with some legal paperwork from the rtb or the courts.

meijin

• I don't think you can prove that you had no tenants, it's just a declaration
• I suppose the tenancy can be proven by a lease, rent payments, utility bills

3DataModem

https://www.boards.ie/discussion/comment/121400112#Comment_121400112

You can put it in the contracts, and indemnify the purchaser.