Landlord possibly selling - correct notice period?

PawneeRanger · 12-02-2019 5:13pm #1

Hi all,

Apologies if this has been answered a hundred times over but I want to make sure I have my ducks in a row before a conversation with my landlord.

Myself and my partner have been renting an apartment for 8 years. Very little interaction with the landlord - we fix things as needed etc.

We have been extremely lucky in that our rent hasn't increased and we are paying well below market value. Truth be told we have been waiting for a call about increasing the rent for years now and it just hasn't happened.

We received a call today from the landlord saying they needed to have a conversation with us as "there are changes happening". He hasn't gone into detail as he wants to speak to both of us but we suspect it is one of two things: increasing the rent or selling the property.

In the case of them ending the tenancy I wanted to be sure where we stand with our notice period. As we are 8+ years we are entitled to 224 days notice. Does this apply regardless of circumstance? As in, are there any instances where the landlord does not need to give this much notice? Renovations? Selling? Needing the home for immediate use themselves/family?

I've looked at Citizen's Information etc and it's not super clear (possibly me being thick) so if anyone can say definitively that would be really helpful!

Thanks in advance.

RFOLEY1990 · 12-02-2019 5:15pm

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PawneeRanger · 13-02-2019 12:52pm

So the landlord has confirmed that they intend to sell.

My question is, do they still need to give us the full 224 days notice?

I've looked at the various websites and there is mention of the landlord intending to sell within 3 months...is this within 3 months after the notice period has elapsed? Or can they kick us out earlier?

meijin · 13-02-2019 1:10pm

please read all from https://onestopshop.rtb.ie/ending-a-tenancy/

notice for 8+ years is 224 days

and especially https://onestopshop.rtb.ie/ending-a-tenancy/how-a-landlord-can-end-a-tenancy/landlords-grounds-for-ending-a-tenancy/

"Where a landlord intends to sell the property within 3 months of terminating the tenancy, a Statutory Declaration must accompany the Notice of Termination confirming this intention. "

so that's after the tenancy terminates, not when you're given the notice

very important that he signs the Statutory Declaration

ted1 · 13-02-2019 3:51pm

meijin wrote: »

please read all from https://onestopshop.rtb.ie/ending-a-tenancy/

notice for 8+ years is 224 days

and especially https://onestopshop.rtb.ie/ending-a-tenancy/how-a-landlord-can-end-a-tenancy/landlords-grounds-for-ending-a-tenancy/

"Where a landlord intends to sell the property within 3 months of terminating the tenancy, a Statutory Declaration must accompany the Notice of Termination confirming this intention. "

so that's after the tenancy terminates, not when you're given the notice

very important that he signs the Statutory Declaration

And what about repossessions?

4ensic15 · 13-02-2019 8:18pm

ted1 wrote: »

And what about repossessions?

What about them?

mrslancaster · 15-02-2019 4:57am

meijin wrote: »

please read all from https://onestopshop.rtb.ie/ending-a-tenancy/

notice for 8+ years is 224 days

and especially https://onestopshop.rtb.ie/ending-a-tenancy/how-a-landlord-can-end-a-tenancy/landlords-grounds-for-ending-a-tenancy/

"Where a landlord intends to sell the property within 3 months of terminating the tenancy, a Statutory Declaration must accompany the Notice of Termination confirming this intention. "

so that's after the tenancy terminates, not when you're given the notice

very important that he signs the Statutory Declaration

Sorry if this is a stupid question but does that mean the property has to be advertised / placed for sale within three months after the termination date or actually sold within three months?
What if the house doesn't sell in that time or there is a sale agreed but the sale falls through?

HelgaWard · 15-02-2019 2:25pm

We did what your landlord is doing. We gave the tenants the required notice and signed a statutory declaration with our solicitor. He is practicing donkey years and he said it was the first time anyone had every done it with him. We did it to have ourselves fully covered. In our case we put the property up for sale a month or so after the tenants moved out (once we had got it fully cleared out and cleaned, painted etc), but it took a further 5 months for the sale to fully close.

beauf · 20-02-2019 10:10am

Couldn't the landlord just simply end the tenancy. It's the end of the 4yr.

4ensic15 · 20-02-2019 10:14am

beauf wrote: »

Couldn't the landlord just simply end the tenancy. It's the end of the 4yr.

The landlord must do it before the end of the part 4 cycle. The o/p says he is there eight years so the third cycle has started.

Fian · 20-02-2019 12:08pm

mrslancaster wrote: »

Sorry if this is a stupid question but does that mean the property has to be advertised / placed for sale within three months after the termination date or actually sold within three months?
What if the house doesn't sell in that time or there is a sale agreed but the sale falls through?

No this means that at the time of issuing the termination notice the landlord must have an intention to sell within three months of termination. If he doesn't succeed that does not render the termination unlawful.

JJJackal · 20-02-2019 1:21pm

The property can be advertised for sale with the tenants in situ. So the landlord may decide to start advertising the property with 60 days left on the notice for example. Tenants move out after the 60 days and sale can be completed

Landlord possibly selling - correct notice period?

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