Landlord selling house, year left on lease.

pooch90 · 09-10-2014 4:26pm

They don't have it on the ad but we just spoke to the EA who said her boss told her that it's the bank selling the house and that nullifies our lease, does that sound right? I have emailed the LL (in NZ) to see what the hell is going on. Even more pi$$ed now because we should be kept in the loop. GRRRR!!!!

We allowed these viewings because we didn't want to be dicks, that goodwill is just about gone now.
Dunno what the hell is going on, who owes up a deposit for example??

timetogo · 09-10-2014 4:33pm

Does that mean your house is in receivership?
Here's a handy document. It doesn't seem to mean that it nullifies your lease.
http://www.ulsterbank.ie/documents/roi/A_residential_tenants_guide_to_Receivership.pdf

But if the house is in receivership, who should you be paying rent to? That's a pretty important one.

That changes things. I don't think I'd be allowing any viewings so. Why facilitate them selling the place if they're under the impression that your lease is no good.

drumswan · 09-10-2014 4:37pm

If a receiver has been appointed to sell the house on behalf of the bank, the process is below

http://www.ulsterbank.ie/documents/roi/A_residential_tenants_guide_to_Receivership.pdf

If this was the case you would have been contacted by the receiver.

Stop accommodating viewings, stop communicating with the EA. Tell them you will be in touch after you have spoken to the landlord for clarification, Write to the landlord asking him what is going on.

pooch90 · 09-10-2014 4:41pm

This is exactly what we have just done drumswan.

No contact from a receiver so we are still in the dark.
I have found the part about the deposit in that document anyway.
Have to wait for the LL to get back to me now but we are absolutely hopping mad.

drumswan · 09-10-2014 4:47pm

pooch90 wrote: »

This is exactly what we have just done drumswan.

No contact from a receiver so we are still in the dark.
I have found the part about the deposit in that document anyway.
Have to wait for the LL to get back to me now but we are absolutely hopping mad.

Dont blame you. Despicable carry on. Who'd be a private renter.

pooch90 · 10-10-2014 9:29am

Ok, the upshot is that it is the landlord selling the house. We have told them how intrusive it is and that we want a reduction in the rent. We will see what they come back with now. Do most of you agree with half rent?

Beaner1 · 10-10-2014 10:20am

You call the shots here. Half rent or no viewings.

pooch90 · 10-10-2014 10:35am

Cool, I just would love to limit the amount of time we need to quote tenancy law etc at them. For once we actually had an amicable tenancy so I'm loath to get ****ty but once they are fair with us, we'll be fair with them.

cob1 · 10-10-2014 12:10pm

i was in a similar situation with an apartment (though not with a lease like you) and I'm sorry to say but nobody is going to care about you in this situation. I got a reduced rent to facilitate viewings, but of course the EA was a pain, arranging more viewings than they promised and even entering the house without my permission when I was out. they are going to do whatever it takes to make a sale and if that means walking all over you that's what they'll do. demand a reduced rate and get the difference in your deposit back, but start looking for somewhere new. this isn't going to end well for you otherwise. I ended up wishing I'd moved out the day they put the apt up for sale.

pooch90 · 10-10-2014 1:38pm

They won't be entering anywhere without our permission don't worry, we are not kids that will be pushed around and we have two big ass dogs. The EA was told that if I am called more than once about a viewing, especially during work hours, I will not be responding and they can p*** off.
There is nowhere for us to go at the moment, which is the pain.

Pinkycharm · 11-10-2014 4:04pm

pooch90 wrote: »

Only downside to that is that there is nowhere suitable to rent at the minute locally, so it's not in our interest to get bought out too soon.
Good idea RE reduction in rent though, we might invoke that if they start taking the p1ss about viewings.

We would love to help them sell the house as it's a sad situation for them but we have to look after number 1 too. Our privacy and peace and quiet are very important to us.

Pooch where in Tipp are you??

ffactj · 11-10-2014 4:23pm

What are you going to do if your landlord waits til your lease is up in another year and then you have to move.
He'll get more for the house and you'll most likely end up paying even more rent than if you were to move now.
I would be using this as an opportunity to move.

Slot Machine · 11-10-2014 5:11pm

Mrs OBumble wrote: »

Because karma is a bitch.

What happened to "it's a business, not a charity"?

BanjoKelly · 11-10-2014 5:16pm

I don't know if they are right to say that just because the house is being sold it nullifies your lease. That sounds like a misunderstanding of Part 4 tenancies - which doesn't apply to you - since you HAVE a lease. If your lease says something about the agreement being voided by the owner selling the house that's fine, they're right. But if it doesn't say that then your lease survives the sale (in my understanding) and the new purchaser is buying into that agreement too. This places you in a strong negotiating position to get a) reduced rent in exchange for facilitating viewings and b) possibly a pay off to get you to move earlier than the expiry of the lease.

The only reason I had the power to force the tenants out of the house I bought (a power which I didn't use) was because it was written into their leases that if the house is sold the lease agreement is automatically ended.

It's very common for estate agents to play fast and loose with the law (or not have a clue about it). If I were you I wouldn't let them away with anything unless you're compensated for it. If they break the conditions of the lease, document / record all incidents for possible later compensation through the PRTB (assuming you are registered with them).

pooch90 · 11-10-2014 5:53pm

The handy thing is that the lease is direct with the landlord and the estate agent is only handling the sale so we can stonewall the EA if we want as they are nothing to do with us really.

The LL has been in touch and offered money off the rent for the viewings, not enough yet but we will see how we go. They also offered a 6 week notice period should the sale happen. They aren't aware, I think, that our lease would still stand until next year.

If it suits us to leave at the time then we will. However, there is nothing in the rental market currently that comes close. We have two big dogs that need space, and it's very hard to convince landlords they are well trained as everyone says that.

ffactj, we would hold on until the end of the lease so at least we would have time to find somewhere that is right for us but only if it's as easy for work etc. Where we are ticks all the boxes at the minute. Our rent is ok and we had to haggle to get it at the price we did. Wherever we go will have to be at a similar rate.

Things are amicable at the minute and the LLs feel bad about all the crap but at the end of the day, it's our lives that are messy because of it. We will try to keep it friendly but eventually the business heads will need to come on.

Pinkycharm, South Tipp.

iguana · 11-10-2014 6:03pm

OP, I know this is off topic but are you aware that when your LL is out of the country and you are paying the rent directly to them it is your responsibility to ensure the revenue is paid. You are supposed to pay them only 80% of the agreed rent and pay the other 20% to revenue?

pooch90 · 11-10-2014 6:16pm

Ok, didn't know that, doubt they do either. Thanks for the info, you don't have a link handy do you?

Pinkycharm · 11-10-2014 7:14pm

pooch90 wrote: »

The handy thing is that the lease is direct with the landlord and the estate agent is only handling the sale so we can stonewall the EA if we want as they are nothing to do with us really.

The LL has been in touch and offered money off the rent for the viewings, not enough yet but we will see how we go. They also offered a 6 week notice period should the sale happen. They aren't aware, I think, that our lease would still stand until next year.

If it suits us to leave at the time then we will. However, there is nothing in the rental market currently that comes close. We have two big dogs that need space, and it's very hard to convince landlords they are well trained as everyone says that.

ffactj, we would hold on until the end of the lease so at least we would have time to find somewhere that is right for us but only if it's as easy for work etc. Where we are ticks all the boxes at the minute. Our rent is ok and we had to haggle to get it at the price we did. Wherever we go will have to be at a similar rate.

Things are amicable at the minute and the LLs feel bad about all the crap but at the end of the day, it's our lives that are messy because of it. We will try to keep it friendly but eventually the business heads will need to come on.

Pinkycharm, South Tipp.

Ok, just I've a property that I'll be renting nearer to Xmas! No good to you though its in North Tipp!

pooch90 · 11-10-2014 7:19pm

Shame! We're very handy for the motorway here which is another plus point for staying

BanjoKelly · 12-10-2014 12:52am

iguana wrote: »

OP, I know this is off topic but are you aware that when your LL is out of the country and you are paying the rent directly to them it is your responsibility to ensure the revenue is paid. You are supposed to pay them only 80% of the agreed rent and pay the other 20% to revenue?

This is not true. (Correction: I was wrong. It is true, but can be avoided if paying rent to the landlord's collection agent in Ireland)

salamanca22 · 12-10-2014 12:55am

BanjoKelly wrote: »

This is not true.

If you are paying directly to a landlord who is resident outside of the state then yes you do have to keep 20% back and pay the revenue. This does not apply if you are paying an agent in the state.

http://www.citizensinformation.ie/en/housing/renting_a_home/tax_relief_for_tenants.html

Read the section titled Landlords living abroad

ffactj · 12-10-2014 12:57am

salamanca22 wrote: »

If you are paying directly to a landlord who is resident outside of the state then yes you do have to keep 20% back and pay the revenue. This does not apply if you are paying an agent in the state.

Read the section titled Landlords living abroad

Who will the revenue chase then if you are not keeping 20% to give to them?

salamanca22 · 12-10-2014 12:58am

ffactj wrote: »

Who will the revenue chase then if you are not keeping 20% to give to them?

It is the tenants responsibility to pay the tax so it will be the tenant who will be chased.

BanjoKelly · 12-10-2014 1:13am

I was wrong above. And thanks for setting me straight!

Greenmachine · 12-10-2014 1:13am

pooch90 wrote: »

Shame! We're very handy for the motorway here which is another plus point for staying

Don't accommodate any more viewing op. If you find the agent is calling unannounced set up an I.P. camera and report them for criminal trespass.

ffactj · 12-10-2014 9:24am

ffactj wrote: »

Who will the revenue chase then if you are not keeping 20% to give to them?

So the OP could be in trouble then and on the hook for another 20% of the rent?

That doesnt seem fair.

pooch90 · 13-10-2014 11:01am

Great news on the Revenue side there!

GreenMachine, we won't have any more viewings until we have everything in black and white from the landlord.
There will be no agents calling unannounced or they will find themselves faced with zero viewings. Think the angry mutts would do more good than calling the Gardai.

ElKavo · 13-10-2014 11:54am

pooch90 wrote: »

Great news on the Revenue side there!
GreenMachine, we won't have any more viewings until we have everything in black and white from the landlord.
There will be no agents calling unannounced or they will find themselves faced with zero viewings. Think the angry mutts would do more good than calling the Gardai.

I Had a look there as I'm in a similar situation. I down loaded a doc off revenue that says you as tenant may not be aware of this rule and if that is the case all you will have to do is supply the LL details to revenue whom will then chase the LL for the tax due. I'll try and find it.

ElKavo · 13-10-2014 12:01pm

Here is the doc, http://www.revenue.ie/en/about/foi/s16/income-tax-capital-gains-tax-corporation-tax/part-45/45-01-04.pdf?download=true

So at least that is one worry off your head.

From this doc it looks to me that the onus is on you but you are not the chargeable person and need only do so after being notified by revenue to do so.

Landlord selling house, year left on lease.

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