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Building works in apartment complex - notice of termination

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  • 30-07-2019 10:11pm
    #1
    TheDuchess
    Registered Users Posts: 30 ✭


    Hi, the apartment complex I'm renting in was sold to a local investment company 2 weeks ago. All tenants received a letter notifying them of change of owner and new bank details for rent payments. This was subsequently followed up with a call from their property management agent stating all apartments were to be gutted and we would all be required to leave.

    We have received no formal letter notice of termination but they have indicated we'll get the required notice period but they would prefer if we left asap and the place will be like a building site anyway.

    There are 3 vacent apartments at the minute and they have started gutting these apartments already, including having workers there over the weekend. Carpets have been ripped up from the upper level floors and skirting boards and door jams removed in the hallways.

    They have told us we will be offered the apartments back at market rent when completed. The prices they have told us are an approx increase of €600 per month for a 2 bed (about €400 from properties currently on daft). When this was highlighted they stated these prices reflect the market value of the market they are targeting.

    I'm just wondering do we have any rights here especially in respect of the works they have already started and pretty much making the building unsafe from health and safety perspective despite us not having even received notice to terminate.

    Thanks


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    #2
    dennyk
    Registered Users Posts: 1,650 ✭✭✭dennyk


    Renovation requiring vacant possession is a valid reason to terminate a Part 4 tenancy, and a down-to-the-studs reno would certainly require vacant possession, so there's no real way to fight that. They still do have to give you a properly formatted notice with the required notice period, though. Sounds like they are also offering you right of first refusal on the apartments after they are ready to be re-let as well, so all is in order there. As for the pricing, if they are in an RPZ then it's possible the works they are carrying out are sufficient to qualify for an exemption. That's usually hard to do in an apartment, but a complete and total rebuild of the unit would probably be sufficient. (And of course if they aren't in an RPZ, the rent increase limits wouldn't apply...)

    As for the current works, removal of trim and carpets from public hallways, while ugly, isn't generally a health and safety hazard, and the same is generally true for works being carried out in other apartments, absent any environmental hazards or similar (e.g. asbestos). It will be a nuisance, but that doesn't mean it's illegal, and the owners and/or management company are within their rights to carry out those works. If you feel there is something going on that does constitute a legitimate health and safety violation, you could check with your local authorities about the matter, but it doesn't give you any additional rights in regards to your tenancy; they'd just be required to address whatever issue or violation is occurring.


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    #3
    Lantus
    Registered Users Posts: 3,027 ✭✭✭Lantus


    Wait for official letter {don't prompt or advise} and on price increase request details on how new apartment will differ from existing.

    You generally have to restructure the layout or add something to qualify. Challenging in an apartment.


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    #4
    Lux23
    Registered Users Posts: 7,134 ✭✭✭Lux23


    They would prefer if you just leave? What kind of cowboys are they?


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    #5
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    Lux23 wrote: »
    They would prefer if you just leave? What kind of cowboys are they?

    Not really cowboys based on what has been said. They seem to be doing everything correctly and just an informal chat that they would like you to leave quickly.


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    #6
    meijin
    Registered Users Posts: 1,252 ✭✭✭meijin


    TheDuchess wrote: »
    Hi, the apartment complex I'm renting in was sold to a local investment company 2 weeks ago. All tenants received a letter notifying them of change of owner and new bank details for rent payments. This was subsequently followed up with a call from their property management agent stating all apartments were to be gutted and we would all be required to leave.

    We have received no formal letter notice of termination but they have indicated we'll get the required notice period but they would prefer if we left asap and the place will be like a building site anyway.

    Yeah, they just hope you all leave without going through the formal process, and then to relet to new people at higher price - who would really wait for the renovation to complete to move back?


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    #7
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    Its a bit crap alright but don't think there is a lot you can do.
    Surprising they havn't issued valid notice yet as sooner they do the sooner you will have to leave.
    Regarding the rent increase, judging the market rent is a bit hard as most properties on daft will be re-lets and subject to RPZ rules (I'm assuming you are in RPZ) so in a way aren't really relevant, new lets would be more relevant.
    Wait for them to furnish notice anyway, but I would start looking for new accommodation as its going to happen.
    Them preferring you to leave asap, of course they would its easier for them, there is nothing really wrong with that, in fact given how hard it is to find somewhere to rent in a way its good that they have given you an advance heads up so you can start looking already.

    On the works already started its not necessarily a H&S issue though it could be depending on the condition they leave the common areas.
    On the work at weekend you may have some leverage here, have a look at this work outside certain times can be considered noise pollution.
    Also not really too sure on this but if they are rejigging the apartments I wonder would it require planning in which case there would be conditions on when work could start, and possibly hours also.


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    #8
    PhoenixParker
    Registered Users Posts: 2,671 ✭✭✭PhoenixParker


    Lux23 wrote: »
    They would prefer if you just leave? What kind of cowboys are they?

    I wouldn't call that a cowboy comment.
    They don't expect/need/want the tenants to stay for the duration of their notice and are willing to be flexible.

    It means the OP can look for a place without needing to worry about lease start dates/overlap etc.


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    #9
    dennyk
    Registered Users Posts: 1,650 ✭✭✭dennyk


    Lantus wrote: »
    You generally have to restructure the layout or add something to qualify. Challenging in an apartment.

    If they're truly doing a complete gutting and rebuild of the entire interior, including replacing all the fittings in the kitchens and bathrooms and such, that would probably be enough to qualify. Any of those individual changes on their own, or even a few of them together, wouldn't be enough (can't just slap on some paint and flooring and do some upgrades to the kitchen or something and claim an exemption), but a complete rebuild of the entire unit would likely be sufficient if they're spending enough money on the project, especially if they're significantly upgrading the quality of the fit and finish in the process.


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    #10
    ted1
    Registered Users Posts: 23,300 ✭✭✭✭ted1


    If they have started on some apartments and you are happy with a rent increase, you could ask to move in to one of the finished ones.


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