Intention to sell rental property - statutory declaration

5starpool

I jointly own a property with a friend that we bought in 2006 and I lived in until mid 2017 (he moved out a few years prior) and it has been rented out since. No issues with the tenant, it has been through a property management company so I've never seen or talked to them. However, we now wish to sell (and will be making every effort to do so). I know there are rules around notice periods, which is all fine, and that there is a statutory declaration to be given to state they can get offered the place to rent if not sold within 9 months. This is all OK (but hopefully will be sold by then). The tenant almost certainly won't be in a position to buy it I'd imagine.

I want to make sure that the statutory declaration I got from the property company is correct as I have heard stories about people not giving the right notice/letters/etc to tenants and it dragging on for ages before they can sell the property and don't want that to happen as we never really wanted to be landlords in the first place.

Here is the text of the Declaration we were given to properly sign, does this seem OK for those that are familiar with it? This is different from the notice of eviction which I know contains additional details.

I, XXX and YYY the landlords, do solemnly and sincerely declare that:

1. I intend, within a period of nine months after the termination date, to enter into an enforceable

agreement to transfer to another, for full consideration, the whole of my interest / the company

interest in the dwelling or the property containing the dwelling at XXXXXXXXX (the “agreement to sell”).

2. I will offer you the opportunity to re-occupy the dwelling under a tenancy if:

a) I do not enter into the agreement to sell within the period of 9 months beginning on:

• The expiry of the period of notice given by the notice of termination that accompanies

this statutory declaration (“the notice of termination”), or

• The final determination of a dispute, if a dispute in relation to the validity of the notice

of the termination has been referred to the Residential Tenancies Board (“RTB”) for

resolution under Part 6 of the Residential Tenancies Act 2004 (as amended) (the “Act”),

and

b) The tenancy to which the notice of termination relates has not otherwise been validly

terminated on the grounds specified at paragraphs 1, 1A, 2 or 6 of the Table to the Act

(namely because the tenant has breached his/her obligations, failed to pay rent, the

dwelling is no longer suitable for the accommodation needs of the occupying household

or the landlord intends to change the use of the property).

3. I understand that I must make reasonable inquiries to obtain the tenant’s contact details for the

purposes of offering the tenant a tenancy if the conditions in paragraph 2 are met. If I am unable

to contact the tenant, I must contact the RTB who will assist in seeking and providing contact

details for the tenant.

DubCount

I would use the current RTB version on this link

Sample Notices of Termination | Residential Tenancies Board

Also remember, the RTB must be notified at the same time as the tenant, so make sure you're set up to email them immediately when you serve the notice.

5starpool

Looks like the same wording, thanks. I hadn't found that link when I looked. Letting agency will issue notices to tenant and RTB so should all be done above board.