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Landlords cannot request "vacancy" before selling their property now, is this correct?

2

Comments

  • Registered Users, Registered Users 2, Paid Member Posts: 2,540 ✭✭✭Traumadoc


    I would be slow to buy a house with tenants in situ, how am I meant to view the house?



  • Registered Users, Registered Users 2 Posts: 2,692 ✭✭✭Rocket_GD


    The same way you'd view a house with an owner occupier, they leave for an hour or so a few times to facilitate viewings.



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    But then you won't be buying any house, other than a new build or where a tenant left for other reasons

    how am I meant to view the house?

    Viewing a house involves arranging a time with the estate agent, going to the house, using your eyes and other senses to see if you like the house or not and then leaving the house. It's actually remarkably similar to how it works at the minute



  • Registered Users, Registered Users 2 Posts: 103 ✭✭somenergy


    A house with tenants in situ are more likely to be on below market rent could be bad tenants with arrears have a history with the landlord of noncompliance are just an unknown risk unlike a new tenant with refs & on market rent

    Buying the house on discount and paying off tenant could work but risky



  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭daithi7


    With all due respect, this post is just nonsense.

    Buying a house with tenants in situ, that you never chose, just adds risk, hassle and real jeopardy for any would be investor.

    It also seriously limits what you can do with the property once you have acquired it, as you have to deal with the complex, lengthy & risky tenant legislation & notices.

    So it will reduce the value of any house by I reckon 10-20% minimum. This of course will reduce inheritance tax on any inherited rental properties & reduce government tax take, leading to less money for social services.

    Result = another own goal by the government!!

    P.s. why do governments introduce stupid policies like this? Because they're reacting to headlines & bringing in populist first policy rather than considered & balanced policies.

    The simplest, clearest & fairest way to address this is to allow any seller & any new purchaser give a notice of termination within 3 months of selling &/or acquiring the property. That's simple, fair, easy to understand & balanced imho.



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  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    Interested to hear why you think they would be more likely to be bad tenants with arrears or a history of non-compliance with a landlord?



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    With all due respect, your post is just nonsense.

    Buying a house with tenants you never chose adds zero added risk, hassle or jeopardy for any would be investor. Unless you care to elaborate your point?

    When you go searching for a new tenant you have to deal with the complex, lengthy & risky tenant legislation & notices. So how is this any different?

    It will have no effect on the value of any house. Stop with the donald trump style scaremongering unless you plan to prove your points

    Result = more much needed protection for tenants, similar to what we have in most developed economies



  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭daithi7


    Pure nonsense again from you - on a number of levels.

    By limiting what any acquirer can do with a property you are limiting demand, that reduces price. That's Economics 1.01, 'Supply & Demand', go look it up as I don't have the time, or patience to explain it to someone like you.

    Dealing with any tenant you didn't choose is fraught with real risk & jeopardy. That's Contract Common Sense 1.01 , if you can't understand this, I neither have the time or patience to engage with you further.

    The net result of these two basic rules of commerce is that selling a property with a tenant in situ reduces it's value by 10-20% minimum.

    This will reduce government tax take on inheritance taxes & hence there will be less money to spend on social services.

    That maybe scary, but it's not scare mongering, it's just simple cause & effect.

    QED



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    By limiting what any acquirer can do with a property you are limiting demand, that reduces price

    Remember that every landlord selling a property will be tied to the same rules. Prices are also increasing so largely this point is moot in any case.

    Dealing with any tenant you didn't choose is fraught with real risk & jeopardy.

    Dealing with a tenant you did choose can be just as risky, a tenant that has been in situ long term is unlikely to be a bad one. A landlord buyer of such a house can ask for documents from the seller regarding the tenants behavour. A bad tenant can be evicted pre-sale or post-sale by either the buyer or the seller

    The net result of these two basic rules of commerce is that selling a property with a tenant in situ reduces it's value by 10-20% minimum.

    That's a completely made-up figure, similar laws exist in other parts of the world and this never happened. Pure scaremongering

    What you have posted is just your opinion, not fact so you can add misuse of QED to your list

    The fact is that tenants need better security of tenure and this is one way to give it to them. If there is an alternative strategy to keeping good tenants in place let's hear it from you

    QED



  • Registered Users, Registered Users 2 Posts: 103 ✭✭somenergy


    On the limited information tenant sitting out a sale viewings accepting a new owner, can have reasons for staying in situ, not all nefarious.

    But my main point is would rather choose new tenants on market rent if I was tempted to invest.



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  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭daithi7


    So, in response to my reasoned contention that being forced to sell with tenants in situ will likely reduce the price of those properties by 10-20% minimum. You wrote:

    "That's a completely made-up figure, similar laws exist in other parts of the world and this never happened. Pure scaremongering"

    So do kindly tell us

    1. Where exactly do similar laws exist in other parts of the world?
    2. What proof do you have exactly, that this resultant price reduction for tenant in situ properties did not happen in those countries!?


  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,309 Mod ✭✭✭✭pc7


    Also if you require bank funding they won't release funds with tenants in situ, unless they change terms to facilitate the law change



  • Registered Users, Registered Users 2, Paid Member Posts: 37,230 ✭✭✭✭o1s1n
    Master of the Universe


    Of course buying with tenants in situ is going to lower the final sale price. How could it not?

    You might be an investor buying a property, but not all bidders on the property are investors. Some are bidding to live in the property.

    By having a tenant in situ, you rule out bidders who are buying to live in it.

    You are also ruling out a lot of mortgage options as banks won't release funds with tenants in situ. Even less bidders.

    Less people bidding on a property who want to live in it and less people able to bid on the property because their mortgage won't allow it = the property selling for less.



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    Where exactly do similar laws exist in other parts of the world?

    The UK, France, Spain etc etc

    What proof do you have exactly, that this resultant price reduction for tenant in situ properties did not happen in those countries!?

    Property prices in these countries, similar to Ireland, have been on a massively upward trajectory despite these laws.

    A quick google sometimes is all it takes



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    Most people buying investment property are investors but those that are buying to live in the property can terminate the tenancy for that reason. The banks rules, especially these more ridiculous ones, will obviously have to change to facilitate the change in the law. Remember, banks like to see high house prices too



  • Registered Users, Registered Users 2 Posts: 1,300 ✭✭✭Yeah Right


    The reason nobody is buying houses with tenants in situ is because nobody is selling houses with tenants in situ. This is down to a number of reasons……………….the main two being 1) that it will knock 10s of thousands off the retail price and 2) the banks will not give you a mortgage without vacant possession. This means that the only people looking to buy such properties are investors who are also cash buyers. This is a much reduced pool of potential buyers and it also means the seller is competing with other properties that don't come with the same restrictions. So they need to knock a few quid off to make it more appealable.

    If you had half a mill in your back pocket and you were going to splash out on an investment property and there are two houses next door to each other for sale……………….identical in every way except property A has tenants and property B does not. Why would you buy A, when you've no idea how good/bad the tenants are, you have no avenue to get rid during the bedding in period (like you would with a brand new tenancy), and the rent is already set at a certain amount, which may be well below market value?

    If it's the same price for house B and you can set the rent at €1600 instead of €1350 for house A, nobody in their right mind would buy it. So you need to knock 20k or whatever off the price in order to sell it.



  • Registered Users, Registered Users 2, Paid Member Posts: 37,230 ✭✭✭✭o1s1n
    Master of the Universe


    You are being incredibly naïve here with your application of legislation to actual, 'in reality' events.

    Those who are buying to live in the property cannot buy because they need vacant posession to get the mortgage - so less bidders.

    Those who are cash buyers buying to live in the property will be (quite rightly) reluctant to bid on a property with tenants in situ because, as we all know, some tenants won't leave when given eviction orders - so less bidders.

    Less bidders = property sells for less.



  • Registered Users, Registered Users 2 Posts: 284 ✭✭hello2020


    interesting to know that someone is investing in property despite new norms.. can I PM to ask a query about taxation on rent?



  • Registered Users, Registered Users 2 Posts: 153 ✭✭GalwayBmw


    What will happen following the end of the landlords’ exodus—for those landlords who continue to own property, either by choice or out of necessity? Would it be fair to expect the next step to be a principal restriction on private renting? To me, that seems like the logical progression.

    I’ve noticed a few “investment” properties in Dublin South struggling to sell, even after prices have been reduced by more than 10%, with little effect. What is that, if not a robbery organized by the government?



  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭daithi7


    Duplicate



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  • Registered Users, Registered Users 2 Posts: 1,316 ✭✭✭Iscreamkone


    There is a distinction between small landlords (up to 3 rental properties) and large landlords (4+ rental properties).

    The rules are more restrictive for large landlords. But who exactly is the landlord?
    Is the landlord the name/PPS on the rtb tenancy? If so, what’s to stop someone with 4 properties putting her husband as the landlord on 2 of the properties (or her children?).



  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭daithi7


    Even more nonsense again from you.

    For instance , Here are the average UK house prices since 2022 FYI ( source https://www.cladco.co.uk/blog/post/history-of-uk-house-prices#average)

    2022 £267,388

    2023 £259,862

    2024 £265,240

    2025 £271,809

    So that's a paltry increase of less than 0.4% p.a over 4 years. That's actually a total stagnation in property prices, & a huge drop in prices in real terms versus inflation (& CPI), while they introduced similar landlord & property rights restriction legislation there.

    QED comrade !!!

    P.s. over & out.



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    Again, as I pointed out, the banks rules will have to change. The legislation isn't finalised either so I'd wait and see

    The most important thing is that tenants are protected. Something which landlords clearly have no interest in doing

    So house prices going up is nonsense and you've proven this by showing house prices increasing?

    You're really only embarrassing yourself now



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    The reason nobody is buying houses with tenants in situ is because nobody is selling houses with tenants in situ.

    And if this proposed legislation goes ahead that will simply have to change. Banks will either have to change their own borrowing rules to allow the owner-occupier time to get the tenant out or the legislation might clarify that the seller can evict after sale agreed and before the mortgage gets drawn down

    In the last 3 months the vast majority of evictions were for a landlord looking to put the property on the market, mostly they sell them to other landlords who are still tied in to the existing cap under RPZ rules. So for the vast majority of these sales, nothing will change



  • Registered Users, Registered Users 2 Posts: 2,431 ✭✭✭JVince


    Taxation on rent is simple. If its a personal property, personal tax applies (when I retire soon, our joint income including rent and pension will be just within the 20% band)

    If a company owns it and its not a specialist property rental company, tax is 25% (12.5% x 2)

    If its a property company, then standard corporation tax applies - 12.5% (remember if you make a profit and withdraw the profit, that it then subject to personal; tax)

    If a pension fund owns it - large or even small one person pension, there's zero tax - but pension is taxed on drawdown but you can take 25% up to 200k tax free)



  • Registered Users, Registered Users 2 Posts: 1,300 ✭✭✭Yeah Right


    And if this proposed legislation goes ahead that will simply have to change.

    Good luck with that. You can't force the free market to do your bidding.

    Banks will either have to change their own borrowing rules to allow the owner-occupier time to get the tenant out

    LOL, and good luck with that too. I mean, everyone knows that banks are very agreeable to doing hat they're told and behaving in an altruistic manner without serving their own needs first.

    or the legislation might clarify that the seller can evict after sale agreed and before the mortgage gets drawn down

    Now you're just pulling stuff out of your arse. Bottom line is the banks will do whatever suits the banks. Telling them "you have to give mortgages to anyone who wants to buy a house with tenants already in place" is a massive over-simplification of a very complex issue. Like I said, there are loads of factors, they were just the two big ones.

    To take your lead, and pull something out of my own arse…….If someone gets a mortgage with the plan to turf out the tenants and move their own family in, and the tenant says no, refuses to move, drags the heels, demands payment etc… ……what happens then? The possibility of paying a mortgage for 18 months on a house that you can't legally enter will scare the bejaysus out of anyone and you'll be back to square one. All it will take is a couple of high profile cases and folks will refuse to buy a property with a sitting tenant.

    In the last 3 months the vast majority of evictions were for a landlord looking to put the property on the market, mostly they sell them to other landlords who are still tied in to the existing cap under RPZ rules.

    Says who? Where are you pulling these stats from?



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    It's not a case of banks changing their policies to suit my bidding. Keeping property prices high is what they need. The rule about not releasing mortgage funds is simply a ridiculous situation and they won't be able to keep it in those cases with the new legislation.

    In any case it won't affect the vast majority of sales of rented property because they are predominantly inter-landlords anyway. You just need to take a look at every other country that has a ban on evictions for selling to see your post is nothing but scaremongering but might actually make a real difference to some tenants lives

    Your proof

    https://www.irishexaminer.com/news/arid-41703899.html

    https://www.rte.ie/news/2023/0403/1367981-rtb-update/



  • Registered Users, Registered Users 2 Posts: 1,300 ✭✭✭Yeah Right


    You are ignoring pretty much everything I've already said. I wont be responding much further.

    Keeping property prices high is what they need.

    Banks don't give a single flying fcuk about property prices. What they need is people paying their mortgages. Someone defaulting because they can't afford both a mortgage and rent while a bogey tenant refuses to budge is exactly the opposite of what they need. Multiple people doing this will bring them to their knees.

    In any case it won't affect the vast majority of sales of rented property because they are predominantly inter-landlords anyway. 

    So you keep saying and failing to back up. Neither of your links backs up your claim. In fact, the second one claims the exact opposite:

    "Of particular concern is the high number of Landlords reporting that they are selling up, with those homes most likely leaving the private rental system," Wayne Stanley said.

    I'd ask where you got your figures again, but we both know there's zero point in me doing so.

    You also stated that the 'vast majority' of them were evicting because they were selling up. 57-58% is barely a simple majority, never mind a vast one. Plus, this is simply the reason given, it doesn't mean every single one of them went through with the sale; there are plenty out there who give the reason, bump the tenant, then increase the rent. When giving a reason is mandatory, and there are only a few possible reasons, and one of those reasons can only proven to be demonstrably false months later by a very determined ex-tenant, then of course that reason is going to be high on the hit-list. Doesn't make it true.

    Your links also refer to the three months up to June, and 'the final three months of 2024' not 'the last three months', while we're at it. Did you even bother to read them at all? In summary, pretty much everything in the sentence "in the last 3 months the vast majority of evictions were for a landlord looking to put the property on the market, mostly they sell them to other landlords" is not true. Or, you have failed to show that they are true, if you want to be technical about it.

    You're making outlandish, unfounded and downright incorrect statements and accusing me of scaremongering…………?



  • Registered Users, Registered Users 2 Posts: 13,492 ✭✭✭✭Red Silurian


    On the contrary I have proven everything you have asked me to prove. You're the one ranting and raving without any proof and thankfully you're about to stop posting your misinformation so I guess that's a good job done



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  • Registered Users, Registered Users 2 Posts: 1,300 ✭✭✭Yeah Right


    LOL…………You're the one posting misinformation and refusing to back up your claims. I haven't made any claims, so what exactly do you want proof of?

    I went through your claim sentence by sentence and showed how you failed to prove anything and your response is to call that ranting and raving and say……….."ohhhhhhhhh no you didn't!!!!"

    We are most definitely done here.



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