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LL Selling _ Tenant can't find (suitable) property to rent

  • 11-06-2021 7:34pm
    #1
    insert name here 123
    Registered Users, Registered Users 2 Posts: 388 ✭✭


    Hi, asking for a family who are not active on boards.ie.

    Long term renters, in Dublin South.

    LL Selling property, receiveing HAP (both Adults working) no rent missed, home kept in excellent condition.

    Renting over a decade same property with no issues according to them.

    Unable to secure new property, no call back, no responses etc..

    What are (tenant) options? Understand fully its not LL fault * but can't leave without securing new accomadation. Is the only option contacting HAP and will they help secure a HAP property?

    Thanks in advance.

    *Understand many LL here who will pass judgement on tenants possibly overstaying but going to a hotel is just not going to happen, young children involved,

    If there was a property willing to take them on, then absolutely they would vacate without hesitation, they have deposit and work references.


Comments

  • #2
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    insert name here 123 wrote: »
    Hi, asking for a family who are not active on boards.ie.

    Long term renters, in Dublin South.

    LL Selling property, receiveing HAP (both Adults working) no rent missed, home kept in excellent condition.

    Renting over a decade same property with no issues according to them.

    Unable to secure new property, no call back, no responses etc..

    What are (tenant) options? Understand fully its not LL fault * but can't leave without securing new accomadation. Is the only option contacting HAP and will they help secure a HAP property?

    Thanks in advance.

    *Understand many LL here who will pass judgement on tenants possibly overstaying but going to a hotel is just not going to happen, young children involved,

    If there was a property willing to take them on, then absolutely they would vacate without hesitation, they have deposit and work references.

    HAP won't find accommodation. HAP is just the payment scheme. What have they done so far to get accommodation? Whats their process...


  • #3
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    It's a balancing act of homelessness vs the Landlord's right to their private property. To my mind if they keep paying rent and and genuinely looking properly i.e. they are considering all options such as the unthinkable move to North Dublin then there is some justification for overholding.


  • #4
    insert name here 123
    Registered Users, Registered Users 2 Posts: 388 ✭✭insert name here 123


    handlemaster wrote: »
    HAP won't find accommodation. HAP is just the payment scheme. What have they done so far to get accommodation? Whats their process...

    Afaik, they have exhausted all avenues. Email, phone, in person to EA. No Joy, no responses, they have kept all correspondence (e-mails enquires etc )

    As mentioned, they have a deposit and have looked in Dublin, North and South.

    Its just a matter of no contact from prospective LL/EA.


  • #5
    insert name here 123
    Registered Users, Registered Users 2 Posts: 388 ✭✭insert name here 123


    Samuel T. Cogley wrote: »
    It's a balancing act of homelessness vs the Landlord's right to their private property. To my mind if they keep paying rent and and genuinely looking properly i.e. they are considering all options such as the unthinkable move to North Dublin then there is some justification for overholding.

    "they keep paying rent" my query would be; will HAP continue to pay the LL if they overstay in the home? Surely the HAP payments would expire when the date of tenancy expires?


  • #6
    Baby01032012
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    insert name here 123 wrote: »
    "they keep paying rent" my query would be; will HAP continue to pay the LL if they overstay in the home? Surely the HAP payments would expire when the date of tenancy expires?

    Hap have no interest in tenancy law. If tenant pays their contribution hap pays rent, if tenant stops paying their contribution hap stops paying rent. They don’t give a duck about landlords, notice or anything tenancy related


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  • #7
    insert name here 123
    Registered Users, Registered Users 2 Posts: 388 ✭✭insert name here 123


    Baby01032012 wrote: »
    Hap have no interest in tenancy law. If tenant pays their contribution hap pays rent, if tenant stops paying their contribution hap stops paying rent. They don’t give a duck about landlords, notice or anything tenancy related

    So, if someone buys the house, they (tenants) have to leave immediately? What if its sold but tenants refuse to move out??


  • #8
    Darc19
    Registered Users, Registered Users 2 Posts: 3,817 ✭✭✭Darc19


    I presume that they got 8 months notice period and isn't the covid emergency period excluded from that?

    The best course of action is to ask the landlord if he / she could get the EA that is selling the house to recommend them.

    In exchange the renters would ensure people can view the house and have it kept in top condition


  • #9
    houseyhouse
    Registered Users, Registered Users 2 Posts: 696 ✭✭✭houseyhouse


    insert name here 123 wrote: »
    So, if someone buys the house, they (tenants) have to leave immediately? What if its sold but tenants refuse to move out??

    It’s unlikely to sell with them in place. Owner occupiers can’t draw down a mortgage on a property that’s not vacant.


  • #10
    Paul_Mc1988
    Registered Users, Registered Users 2 Posts: 748 ✭✭✭Paul_Mc1988


    houseyhouse wrote: »
    It’s unlikely to sell with them in place. Owner occupiers can’t draw down a mortgage on a property that’s not vacant.

    Could be a cash buyer so not that unlikely


  • #11
    houseyhouse
    Registered Users, Registered Users 2 Posts: 696 ✭✭✭houseyhouse


    Paul_Mc1988 wrote: »
    Could be a cash buyer so not that unlikely

    In my experience, most sellers want to appeal to as many potential buyers as possible, so owner occupiers as well as investors. That’s why you rarely see places for sale with tenants in situ.


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  • #12
    ongarboy
    Registered Users, Registered Users 2 Posts: 5,201 ✭✭✭ongarboy


    houseyhouse wrote: »
    That’s why you rarely see places for sale with tenants in situ.

    And if you do, the asking price is often 10s of 1000s lower.


  • #13
    insert name here 123
    Registered Users, Registered Users 2 Posts: 388 ✭✭insert name here 123


    Darc19 wrote: »
    I presume that they got 8 months notice period and isn't the covid emergency period excluded from that?

    The best course of action is to ask the landlord if he / she could get the EA that is selling the house to recommend them.

    In exchange the renters would ensure people can view the house and have it kept in top condition[/quote

    *****Got 7 months from yesterday till end of January 2022. They are there since 2012 AFAIK . Private
    tenants***********


  • #14
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,345 ✭✭✭✭jimmycrackcorm


    insert name here 123 wrote:
    What are (tenant) options? Understand fully its not LL fault * but can't leave without securing new accomadation. Is the only option contacting HAP and will they help secure a HAP property?

    They will have to move somewhere that they can get accommodation even if it means a long commute.


  • #15
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    Samuel T. Cogley wrote: »
    It's a balancing act of homelessness vs the Landlord's right to their private property. To my mind if they keep paying rent and and genuinely looking properly i.e. they are considering all options such as the unthinkable move to North Dublin then there is some justification for overholding.

    There is no justification for withholding rent. This is illegal and quick frankly disappointing to see this been thrown in as an option.. dont see how it would solve anything. In fact it would make matters worse going forward for the tenants. The landlord needs to be respected here also.


  • #16
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    handlemaster wrote: »
    There is no justification for withholding rent. This is illegal and quick frankly disappointing to see this been thrown in as an option.. dont see how it would solve anything. In fact it would make matters worse going forward for the tenants. The landlord needs to be respected here also.

    Jumped the gun a bit there.


  • #17
    wench
    Registered Users, Registered Users 2 Posts: 1,651 ✭✭✭wench


    insert name here 123 wrote: »
    *****Got 7 months from yesterday till end of January 2022. They are there since 2012 AFAIK . Private
    tenants***********
    Can you clarify the timeline here, if they've only just been given notice, how long have they been searching?
    If they have over 7 months left, it seems a little early to be jumping to no availability/overholding


  • #18
    insert name here 123
    Registered Users, Registered Users 2 Posts: 388 ✭✭insert name here 123


    wench wrote: »
    Can you clarify the timeline here, if they've only just been given notice, how long have they been searching?
    If they have over 7 months left, it seems a little early to be jumping to no availability/overholding

    Im not 100% sure tbh. From what I understand they have been trying to find accommodation BEFORE LL gave notice as they had a feeling he would sell.

    I think they probably jumping the gun as they still have some months to secure a home.


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