Landlord selling up

endofrainbow

A pal of mine has gotten notice that landlord is selling up and been given correct notice. She has subsequently found out he did the same thing last year with previous tenants. Put the house on the market for a few months with one picture on Daft, gave it a lick of paint then rented it at a higher rate. Is this a ruse to increase the rent in an RPZ zone ?

https://www.boards.ie/discussion/2058350777/landlord-selling-up

It’s impossible for anyone to know that.

I assume you know that the LL can end the tenancy if they intend to enter a contract of sale within 9 months and must offer it back to your pal if he takes it off the market within that period.

Do you know for certain that the previous tenants were offered the property back?

Donald Trump

If that is actually the case, and there is some communication between your buddy and the previous tenants, then the previous tenants can take a case against the landlord.

Your pal would not be able to do anything, once notice is correctly served, unless and until the house was not actually sold within the required timeframe, and not offered back to her

mrslancaster

https://www.boards.ie/discussion/comment/122108351#Comment_122108351

Just curious here, but what happens if a property is not sold in the 9 months ie. no sale agreed at that point, does the owner still need to offer it back to the previous tenant? Or if it was sale agreed but the sale fell through after the time limit?

DubCount

https://www.boards.ie/discussion/comment/122108504#Comment_122108504

If I remember correctly, the undertaking is that the offer to the last tenant must be made if the property is not sold. Sale Agreed will not be enough.

https://www.boards.ie/discussion/comment/122114572#Comment_122114572

The legislation is ambiguous, the intention to sell is referred to, CA indicate that if the property is withdrawn during the 9 months, or advertised for rent within 12 months from date of termination, it must be offered back to the tenant. In reality, the tenant will have moved on by that stage and possibly signed a lease somewhere else.

The op hasn’t confirmed whether the property was offered back to the previous tenant.

endofrainbow

No, the property wasn't offered to the previous tenants. They had already moved on at that stage. My query is really can landlord just keep doing this to up the rent ?

Donald Trump

https://www.boards.ie/discussion/comment/122114858#Comment_122114858

If its in a RPZ, the same controls still apply if some else comes in within 2 years. Having someone new doesn't reset anything.

So, for example, if your buddy was in contact with the previous tenants and found out that that rent was increased by more than the allowed amount, then they would have a good chance of getting that differential refunded.

https://www.boards.ie/discussion/comment/122114858#Comment_122114858

All tenants will have moved on, the legislation says the LL must make an effort to obtain contact details, and contact them.
You ask can the LL keep doing it, if he is acting within the boundaries of the legislation, yes he can. You have provided nowhere near enough information to say definitively otherwise.

For instance.

• Is the property in a RPZ?

• Did the LL intend to enter into an enforceable contract for sale?

• Was the property out of the rental market for more than 12 months.

• Did he make an effort to contact the previous tenant.

• Did the previous tenant report it to the RTB.

ballyharpat

Has the current tenant been in the property for more than 6 months?

SharkMX

What would be the point of booting the tenants again assuming he did as you said last year and got the property back up to market rent?

Victor

Check what the previous rent was. If that rent + the allowed inflation (2%?) is different, demand the lower value. Tell the landlord you will start a RTB complaint.

Emblematic

If the landlord is genuinely selling up then get your friend check out the tenant-in-situ scheme of your local authority (if they are on HAP), where the council purchases the property and your friend becomes a council tenant.

I believe there is another scheme for those not on HAP, where the property is also purchased by the LA but is then rented on a cost basis.