Questions about getting a new landlord

omega42

So my present landlord and his wife have divorced and the misses got the house we are currently renting. She wanted to get me to sign a new rental agreement even though the paperwork on the divorced hasn't been signed yet. I declined and told her I would sign it once I started paying rent to her. She also only showed me the part of the registration form that requires my details so I had no idea what I was signing. Anyway my Questions are as follows:

When she becomes my Landlord and the tenancy is registered with the tenancy board, do I start as a new tenant or does my 10 years living in the house count? I'm mostly concerned if or when she serves me notice. If I am a new tenant she will only have to give me the 90 day notice period but as I am there 10+ years there am I entitled to the 244 days?

My second question is around the oncoming rent increase, as a new tenant she will be able to set the rent from day one without any notice period but as an exsisting tenant I would be intitled to the 90 day notice of rent review.

Thanks for your help

Omega

Ginger83

https://www.boards.ie/discussion/2058326413/questions-about-getting-a-new-landlord

I would ask the Rtb. Technically one party is still the landlord so I don't see why your rights as a tenant should be affected.

If it was me personally I wouldn't be signing a contract with a new starting date on the tenancy.

dennyk

Your rights as a tenant don't change because the property changes ownership, and your tenancy remains in place. You are under no obligation to sign a new tenancy agreement either; you still retain your Part 4 tenancy rights and your new landlord can only end the tenancy for the allowable reasons. The only thing that would change in the event of a change of ownership would be who you pay your rent to.

omega42

@dennyk @Ginger83 Thanks for that, Its been playing on my mind

mrslancaster

Two households after a divorce, so probably two homes needed. Awful for a tenant to get caught in the middle. Unless the landlord and his wife own more than two properties, I'm not sure I'd be too concerned about the 90 day wait period for a rent increase.

spaceHopper

You can't contract into an illegal state under Irish law. She can ask you to sign anything but it can't be enforced but who needs that hassle.

If it wasn't a divorce and she simply bought it from a stranger even then she can't increase the rent. Basically the tenancy is already in place and you should be OK.

The RTB site and citizens information would be good places to look for information. Find the relevant parts. Tell her you are happy to remain on under you existing part-4 tenancy and can she send you an updated bank account number.

If she pushes you to sign or tries to up the rent then bring out the information from the RTB or Citizens information and let her go away and read it and comeback to you. Don't fight about it her let her have time to digest it.