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Buying a Property with Tenant in Situ

  • 03-02-2026 11:14PM
    #1
    Registered Users, Registered Users 2 Posts: 14


    I have been looking online but have not seen any clear asnwers to a question. If an owner occupier was to buy a property with a tenant in situ under the new rental laws from March 1st 2026, would they have the ability to end the tenancy early for their own use subject to the normal notice periods, and any overhold period. That's if they are considered a small landlord.



Comments

  • Registered Users, Registered Users 2 Posts: 2,218 ✭✭✭SupaCat95


    Call a solicitor before you spend a cent. Notice that many land lords are in a rush to exit the market.0



  • Registered Users, Registered Users 2 Posts: 24,108 ✭✭✭✭ted1


    you won't get a mortgage without vacant possession, so unless you have cash. its not even an option



  • Registered Users, Registered Users 2 Posts: 2,218 ✭✭✭SupaCat95


    The problem is not getting tenant but getting them out.



  • Registered Users, Registered Users 2 Posts: 815 ✭✭✭chrisd2019


    Why buy with a tenant, if you want to use the property, better to buy with vacant status.



  • Registered Users, Registered Users 2 Posts: 795 ✭✭✭JohnDoe2025


    If you got it cheaper, and could move the tenant out, then resell after a year with vacant status, there might be a decent profit to make.



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  • Registered Users, Registered Users 2, Paid Member Posts: 7,494 ✭✭✭zg3409


    If the existing owner wants to sell they should have or would have attempted to get tenant out before advertising the property. It is likely tenant is not going anywhere even if illegal. Tenant may stop paying rent and it will take you 12+ months to get them out minimum. If they pay some sort of rent it may be impossible for you to get a judge to agree to kick them out. Many tenants are getting legal advice to not go and overstay and keep paying rent so no judge will kick them out.



  • Registered Users, Registered Users 2 Posts: 2,218 ✭✭✭SupaCat95


    Define "cheaper". Cheaper would have to include the cost of dealing with a tenant in an entrenched position, legal fees, stress. If I was in the same position as the tenant I would chance my arm and try to hold out. In reality I wouldnt touch a property with tenant in situ unless it was a commercial property



  • Registered Users, Registered Users 2 Posts: 815 ✭✭✭chrisd2019


    Sound like a good plan in theory, but you need a willing tenant, to move out for the new owner.



  • Registered Users, Registered Users 2 Posts: 2,218 ✭✭✭SupaCat95


    In theory. Its in the tenants interest to stay put, it will cost them to move out and find the same standard place at a more expensive rate. I feel sorry for anyone who is renting in the private market both landlord and tenant and anyone who owns their own private home. The government has made the market untenable for all parties.



  • Registered Users, Registered Users 2 Posts: 7,090 ✭✭✭Claw Hammer


    If the RTB makes a Determination Order properly, judges have no discretion to allow a tenant remain in brach of the Determination Order.



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  • Registered Users, Registered Users 2 Posts: 4,217 ✭✭✭spaceHopper


    You won't get a mortgage so if you have cash, you'd be looking for a discount, say 80K off (to cover the risk of tenant not leaving) and you can give the tenant 20k cash to go away and pray they do.



  • Registered Users, Registered Users 2 Posts: 3,882 ✭✭✭C3PO




  • Registered Users, Registered Users 2 Posts: 2,218 ✭✭✭SupaCat95


    If the tenant could not have been reasoned with by the previous owner before the sale he is going to need stronger persuasion. The tenant may have been troublesome to begin with. 20k is an awful bitter pill to swallow.



  • Registered Users, Registered Users 2 Posts: 325 ✭✭MadeInKerry


    I remember viewing a house (to live in not to rent out), that was rented. The EA assured us with hand on heart that the tenant was moving out by the time we would close on the house.

    When we went into the house it was really untidy with hardly anywhere to walk. Then my other half noticed there were cameras on the mantlepiece, kitchen counter, and the landing all pointed at us. As we got upstairs the EA said to wait while she knocked on a door calling someones name. After a couple of minutes this woman came out glaring at us. I thought she was going to lunge at me at one point. In her room was a laptop setup with views of the cameras on the screen.

    She didnt say a word and just followed us around the house and the garden. I said to the EA, sorry, this isnt going to work out and the EA said dont be worried about her that she was leaving in the next few weeks and we could pull out if she didnt move out. I kept an eye on that house and it was still on daft for over a year after we finally bought a house.

    I would say if you are selling a house and you dont get vacant possession before selling it can put buyers off and you wont get near market price for it even if someone did want to buy it. At the time also there were a lot of houses that looked really cheap on bidx1 and when you read the blurb it would say that there is a tenant there and the income is x amount per year. That would be a red flag to me. Do you really want the problems of a tenant bad enough to make a landlord want to sell with them still there? They might be lovely but you dont know. And is it more likely that they already wont leave or that the landlord is just being nice and taking a loss out of the kindness of their heart?



  • Registered Users, Registered Users 2 Posts: 24,108 ✭✭✭✭ted1


    CGT will take 33%, Stamp duty 1%, estates agents 1.5% . solicitors buying and selling 7k. lot of expenses to coem out of your decent profit…



  • Registered Users, Registered Users 2 Posts: 2,218 ✭✭✭SupaCat95


    Ohhhhhhhh an Estate Agent will tell you anything he needs to make you buy the house. Christ, imagine inheriting a tenant like that with a property. Imagine the cost? Imagine strong arming her out and back in court with case against you and paying compensation?

    Like I say these this housing situation make normal people both tenant and landlord unreasonable to deal with.



  • Registered Users, Registered Users 2 Posts: 4,217 ✭✭✭spaceHopper




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