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25-03-2020, 17:39   #1
Toots
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Viewings During Covid-19 Outbreak

Just wondering does anyone know what the story is with viewings while the virus is still in circulation.

Our lease is ending in the next few months, and one of the terms of the lease was that we had to allow viewings during the last month of the lease. Obviously I'm not sure what way things will be by that stage (we could be on lockdown) but I would not be happy with a load of randomers being paraded around the house, while potentially infectious.

Does anyone know are letting agents still carrying out viewings like this or would they have to wait until we've vacated before doing the viewings?
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26-03-2020, 00:16   #2
Slydice
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I'm no expert so don't take this as legal advice but this looks like it might be relevant:

Government approves series of emergency measures to protect tenants
Published on Thursday, 19 Mar 2020
https://www.housing.gov.ie/housing/p...rotect-tenants
Quote:
Today the government approved new measures to give the strongest possible protection to all renters at this time of national emergency. A moratorium on notices to leave rental accommodation is being introduced as is a moratorium on rent increases so that people will be safe in their homes during this period.

Citizens info mention the moratorium:
https://www.citizensinformation.ie/e...ew.html#l86e64
Quote:
Housing
Emergency measures were announced on 19 March 2020 to protect tenants impacted by COVID-19. These are:
  • A moratorium on notices to leave rental accommodation and a moratorium on rent increases for the duration of the COVID-19 pandemic
  • An increase in the notice period for tenancies of less than six months from 28 to 90 days

Looks like this might be the law itself:
https://assets.gov.ie/71890/915049eb...e9bcac999e.pdf

This look to be the bits about the moratorium .. maybe.. i dunno
Quote:
Notices of termination under Act of 2004
5. (1) (a) A landlord shall not serve a notice of termination in relation to the tenancy of a
dwelling during the emergency period.
and
Quote:
(2) (a) Subject to paragraph (b), where a notice of termination (that cites as a reason for
the termination concerned the ground specified in paragraph 1 of the Table to
section 34 of the Act of 2004) served before the emergency period specifies a
termination date that falls during or after the emergency period, the termination
date under that notice shall be deemed to be the revised termination date.
and
Quote:
(6) In this section “revised termination date” means, in the case of a notice of termination
served before the emergency period, the date immediately following the expiration of
a period that consists of the aggregate of—
(a) the period of notice that remains unexpired on the commencement of the
emergency period, and
(b) the emergency period.
again, not a legal expert so to get legal advice, find someone legal

but that sounds like:
  • There's an emergency.
  • If your lease termination date is during the emergency, it is not anymore. It is now the end of the emergency.
  • The end of the emergency is the new termination date


but again, not a legal expert

I'd kinda be hoping landlords would be trying to avoid going near their tenants/customers anyway right now and until the threat of the virus is done.

I don't see them on the Essential retail outlets list here but I dunno:
https://www.gov.ie/en/publication/12...sday-24-march/
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26-03-2020, 07:46   #3
Graham
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My 30 second layman interpretation is slightly different Slydice.

My interpretation is the emergency period essentially stops the clock and no new notices to be issued during the emergency period.

E.g. if you had 5 weeks of a notice period remaining at the start of the emergency period. You will now have 5 weeks remaining from when the emergency period ends.



I also can't see how a landlord is a retail outlet, essential or otherwise.

Last edited by Graham; 26-03-2020 at 07:50.
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26-03-2020, 08:56   #4
Baby01032012
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The OP was not asking how they can stay in their current accomodation, they asked what the siuation is with allowing viewings during a time of a global pandemic when there's social distancing and a ban on more than four people gathering.

No letting agent is currently doing physical viewings. Alot of agents are doing virtual viewings where they either do a video walk through of the property and let potential tenants view it online or a video, whapsapp or skype walkthrough live at a set time.

No agent will put their own health nor owner, tenant or potential tenant at risk.

Its an evolving situation so we dont know what the HSE guidance will be in a few months time but expect everyone to follow it.
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26-03-2020, 09:12   #5
The_Conductor
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Quote:
Originally Posted by Toots View Post
Does anyone know are letting agents still carrying out viewings
Most letting agents and property managers that I have dealings with (3 in Dublin and 2 in Galway) have all their staff on remote working and have basically mothballed any activities they cannot do from home.

They are *no* viewings, at all, happening at the moment.

I'm sure you might be able to find an EA somewhere who is ignoring government advice and trying to continue business as usual- however, they are very much the exception rather than the rule.

Also, keep in mind, notice periods have all been temporarily reset to a minimum of 90 days for tenants and landlords- to give additional security of tenure to tenants.

The legislative basis governing tenancies- has been updated even just in the last few days.
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26-03-2020, 10:41   #6
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Quote:
Originally Posted by The_Conductor View Post

Also, keep in mind, notice periods have all been temporarily reset to a minimum of 90 days for tenants and landlords- to give additional security of tenure to tenants.

The legislative basis governing tenancies- has been updated even just in the last few days.
Jesus, thanks for that! I wasn’t aware of the notice period being increased. We are only renting this place for the year, and we want to move out at the end of the lease because we’re moving in with my parents to try and save a deposit. We had got a 30 day notice clause but I’d better make sure to give plenty of notice so we don’t end up stuck for an extra few months.
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26-03-2020, 11:12   #7
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Quote:
Originally Posted by The_Conductor View Post
Most letting agents and property managers that I have dealings with (3 in Dublin and 2 in Galway) have all their staff on remote working and have basically mothballed any activities they cannot do from home.

They are *no* viewings, at all, happening at the moment.

I'm sure you might be able to find an EA somewhere who is ignoring government advice and trying to continue business as usual- however, they are very much the exception rather than the rule.

Also, keep in mind, notice periods have all been temporarily reset to a minimum of 90 days for tenants and landlords- to give additional security of tenure to tenants.

The legislative basis governing tenancies- has been updated even just in the last few days.
Are you sure that's correct that it applies to tenants too? Would be a serious increase in their obligations to go from 30, 42 or 56 days to 90 days.

From the act:"A landlord shall not serve a notice of termination in relation to the tenancy of a
dwelling during the emergency period." - no mention of tenant but some more knowledgeable folks here would know better I'm sure
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26-03-2020, 11:27   #8
Baby01032012
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There’s no guidance online yet as it’s only being considered by Dail today so may be amendments.

However I think the trust of the law is to protect tenants rather than put more onerous requirements on them. It was simply to extend the minimum 90 day notice that applies to all Part Iv tenancies to those that are less than six months and don’t yet have the benefit of part Iv. It will be clarified when put into law I’d imagine.
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26-03-2020, 13:16   #9
Claw Hammer
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Quote:
Originally Posted by The_Conductor View Post
Most letting agents and property managers that I have dealings with (3 in Dublin and 2 in Galway) have all their staff on remote working and have basically mothballed any activities they cannot do from home.

They are *no* viewings, at all, happening at the moment.

I'm sure you might be able to find an EA somewhere who is ignoring government advice and trying to continue business as usual- however, they are very much the exception rather than the rule.

Also, keep in mind, notice periods have all been temporarily reset to a minimum of 90 days for tenants and landlords- to give additional security of tenure to tenants.

The legislative basis governing tenancies- has been updated even just in the last few days.
The legislation only mentions termination notices by landlords. No mention of 90 days either.

As for the o/p the agent is most unlikely to try and show you apartment in any event. If you refuse all they can do is send you are warning letter threatening to terminate your lease.
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26-03-2020, 20:20   #10
Slydice
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Quote:
Originally Posted by Graham View Post
My 30 second layman interpretation is slightly different Slydice.

My interpretation is the emergency period essentially stops the clock and no new notices to be issued during the emergency period.

E.g. if you had 5 weeks of a notice period remaining at the start of the emergency period. You will now have 5 weeks remaining from when the emergency period ends.
On re-read, that sounds right.


Quote:
Originally Posted by Graham View Post
I also can't see how a landlord is a retail outlet, essential or otherwise.
I don't know what you're contributing here.
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26-03-2020, 20:30   #11
Graham
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Quote:
Originally Posted by Slydice View Post
I don't know what you're contributing here.
refresher (emphasis mine):

Quote:
Originally Posted by Slydice View Post

I'd kinda be hoping landlords would be trying to avoid going near their tenants/customers anyway right now and until the threat of the virus is done.

I don't see them on the Essential retail outlets list here but I dunno:
https://www.gov.ie/en/publication/12...sday-24-march/
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26-03-2020, 20:31   #12
Slydice
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Quote:
Originally Posted by Graham View Post
refresher (emphasis mine):
I wrote my post and read yours but I don't know what you're contributing
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26-03-2020, 20:43   #13
Graham
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Quote:
Originally Posted by Slydice View Post
I wrote my post and read yours but I don't know what you're contributing
You appear to be suggesting landlords are going to be avoiding tenants because they are not on the list of essential retail outlets.

I can understand why you're confused.
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26-03-2020, 20:48   #14
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Do you have more or different details about that?
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26-03-2020, 20:50   #15
Graham
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I suspect the guidelines for retail outlets apply to retail outlets (aka shops).
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