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Landlord looking to get out..

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  • 20-09-2019 9:31pm
    #1
    kevgaa
    Registered Users Posts: 320 ✭✭


    Hi Folks,

    Looking for some help and advice. Accidentally landlord but it has worn me down and am looking to get out and sell up.

    Current tenants are HAP tenants and been in the house and coming to the end of their 8th year.

    Just looking for advice on

    1). Notice to tenants (224 days by my reckoning)
    2). Council do I have to give them notice etc..

    Anything else I need to consider?

    Regards
    Kevgaa


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    #2
    ted1
    Registered Users Posts: 23,320 ✭✭✭✭ted1


    kevgaa wrote: »
    Hi Folks,

    Looking for some help and advice. Accidentally landlord but it has worn me down and am looking to get out and sell up.

    Current tenants are HAP tenants and been in the house and coming to the end of their 8th year.

    Just looking for advice on

    1). Notice to tenants (224 days by my reckoning)
    2). Council do I have to give them notice etc..

    Anything else I need to consider?

    Regards
    Kevgaa
    Could you sell it to the council with the sitting tenants?


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    #3
    Caranica
    Registered Users Posts: 10,035 ✭✭✭✭Caranica


    ted1 wrote: »
    Could you sell it to the council with the sitting tenants?

    Councils almost always require vacant possession. Even though the current tenants are on HAP, they're unlikely to be at the top of the housing list so the Council can't keep them in the property.


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    #4
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Tenants will be advised to overhold so I'd get the deed done before offering it for sale.


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    #5
    sk8board
    Registered Users Posts: 3,207 ✭✭✭sk8board


    You don’t have to give notice to anyone except the tenants - in theory the tenant moves to another house and their new landlord goes through the sign-up process.

    One thing for certain, you’ll need vacant possession before anyone will sign any contracts, irrespective of going sale agreed pending the tenants departure.
    A good friend was sale agreed earlier this summer on a house where the sitting tenants eventually refused to leave and my friend withdrew their offer after a few months waiting for the owner to evict the tenants.
    Vacant procession is the only option that doesn’t have problems


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    #6
    Del2005
    Registered Users Posts: 18,915 ✭✭✭✭Del2005


    Caranica wrote: »
    Councils almost always require vacant possession. Even though the current tenants are on HAP, they're unlikely to be at the top of the housing list so the Council can't keep them in the property.

    If they are on HAP they are off the list so definitely won't get the property if the council buy it.


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    #7
    kevgaa
    Registered Users Posts: 320 ✭✭kevgaa


    Thanks folks,

    Yeah vacant property for sale as I suspected. Also have danger of tenants over holding.

    So any advice or guidance on notice to the tenants?

    Regards
    Kevin


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    #8
    celtic_oz
    Registered Users Posts: 1,554 ✭✭✭celtic_oz


    be carefull

    you have to do everything right or the tenants will look for full notice again

    See here https://onestopshop.rtb.ie/ending-a-tenancy/sample-notices-of-termination

    you have to get a notary to sign


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    #9
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    kevgaa wrote: »
    Thanks folks,

    Yeah vacant property for sale as I suspected. Also have danger of tenants over holding.

    So any advice or guidance on notice to the tenants?

    Regards
    Kevin

    If you think that overholding is likely, which could then involve the RTB, I'd maybe suggest getting an experienced solicitor to draft the notice for you with a view to using them for any eventual hearing. Any mistake and you could be back to square one.

    One thing I don't know tbh is whether you could claim the fee as a deductible expense against the rental income. Perhaps others could clarify.

    Good luck with it.


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    #10
    circular flexing
    Registered Users Posts: 2,585 ✭✭✭circular flexing


    kevgaa wrote: »
    Thanks folks,

    Yeah vacant property for sale as I suspected. Also have danger of tenants over holding.

    So any advice or guidance on notice to the tenants?

    Regards
    Kevin

    Do everything by the book, use the templates on the RTB site for drafting termination notice. Send by registered post and/or hand deliver. Don't forget to include the statutory declaration too.


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    #11
    Caranica
    Registered Users Posts: 10,035 ✭✭✭✭Caranica


    Del2005 wrote: »
    If they are on HAP they are off the list so definitely won't get the property if the council buy it.

    Not necessarily true. You can request to stay on the list, most people do


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    #12
    circular flexing
    Registered Users Posts: 2,585 ✭✭✭circular flexing


    Caranica wrote: »
    Not necessarily true. You can request to stay on the list, most people do

    Yep, my HAP tenants were allocated a house through Tuath.


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    #13
    Cat_M
    Registered Users Posts: 119 ✭✭Cat_M


    + 1 on everything by the book and do be prepared for overholding. My tenants overstayed by almost 3 months. Delayed everything. I hoped to house on market by April and it ended up being July.


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