# Tenants rights renting house for sale



## yellowroses (8 Oct 2013)

Hi there,
I am living in a rented house with my family for 15 months.
After 12 months the agent gave us a new contract dated for a further 12 months.
The house we are renting has also been for sale 14 months & in the last few weeks there has been increased viewings. I assumed that even if the house sells we would not have to move out until the end of our contract but someone has said to me recently that if the house sells we have to move out even if its before the contract is up.
I don't think we have part 4 tenancy rights as we signed another 12 month lease. I'm a bit confused about it & realisticly the house is probably going to sell in the next few months so we just want to be prepared & know our rights.
If anyone can offer any info I'd appreciate it. Thanks


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## Sue Ellen (8 Oct 2013)

www.threshold.ie should be able to advise you of your rights or you may find info also on www.prtb.ie


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## bugler (9 Oct 2013)

You should read your lease in detail to find out if the issue of the house being sold is addressed. Part 4 rights are earned after 6 months and exist in addition to those rights in the lease. As things currently stand Part 4 is not going to help you, your best bet is the security of tenure contained in your lease (assuming it is not curtailed by a break clause)

If the lease makes no mention of early termination because of the house being sold then you cannot be compelled to leave. On the other hand, had you never signed a fixed term lease the second time then you'd be covered by part 4, which allows for termination of the lease where the house is being sold. 

So, read the lease and see what it contains.


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## yellowroses (9 Oct 2013)

bugler said:


> You should read your lease in detail to find out if the issue of the house being sold is addressed. Part 4 rights are earned after 6 months and exist in addition to those rights in the lease. As things currently stand Part 4 is not going to help you, your best bet is the security of tenure contained in your lease (assuming it is not curtailed by a break clause)
> 
> If the lease makes no mention of early termination because of the house being sold then you cannot be compelled to leave. On the other hand, had you never signed a fixed term lease the second time then you'd be covered by part 4, which allows for termination of the lease where the house is being sold.
> 
> So, read the lease and see what it contains.


 
Thank you. Ive read the lease carefully & there is no mention of a break clause if the house sells. We do not want to move before the lease is up because we have 2 small children & there aren't a lot of houses to let in our area so it would be a lot of hassle to move again. I know part 4 tenancy gives the landlord the right to end lease for sale of house so am I right in saying that as we signed a new 12 month lease that the landlord cant use part 4 to ask us to move before the lease expires?


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## dublin66 (9 Oct 2013)

On a related point you should not be under an obligation to let strangers (i.e. those people viewing it) unless there is a specific provision in the lease.

Having being a former landlord my attitude was that a lease in practical terms gives a landlord very little rights.  However the same does not work the other way around and the tenant has lots of rights under a lease and it contains their rights.

My view would be if there is no specific provision for the house to be on viewed in the lease then I would be looking for something in return for the landlord for letting access to the house.


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## TommyB (9 Oct 2013)

dublin66 said:


> On a related point you should not be under an obligation to let strangers (i.e. those people viewing it) unless there is a specific provision in the lease.
> 
> Having being a former landlord my attitude was that a lease in practical terms gives a landlord very little rights.  However the same does not work the other way around and the tenant has lots of rights under a lease and it contains their rights.
> 
> My view would be if there is no specific provision for the house to be on viewed in the lease then I would be looking for something in return for the landlord for letting access to the house.



Such a condition would be superseded by the Residential Tenancies Act which gives tenants the right peaceful occupation. Tenants can't agree to waive the basic rights of this act. 

Tell the landlord you will be ceasing all viewings immediately.


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## dublin66 (9 Oct 2013)

Excellent point Tommy B - I wasn't aware of that.  I personally wouldn't be happy with strangers walking around where I was living.


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## facetious (9 Oct 2013)

TommyB said:


> Such a condition would be superseded by the Residential Tenancies Act which gives tenants the right peaceful occupation. Tenants can't agree to waive the basic rights of this act.
> 
> Tell the landlord you will be ceasing all viewings immediately.


Absolutely correct, TommyB.

Any visit by a landlord or agent must be with your agreement and at a time that suits you. However, the landlord is entitled to inspect his property from time to time (usually on a quarterly basis) which a tenant must agree to. However, it is the landlord or agent or someone appointed by the landlord for the purpose of inspection only and does not include people viewing the house.

As tenant, you may deny any other visits of the landlord as it is a breach of your right "to enjoy peaceful and exclusive occupation of the dwelling".
However, as TommyB says, you could make an arrangement with the landlord for viewings provided you are compensated for the inconvenience (disturbance of you right to peaceful occupation, having to clean/tidy the house for such viewings etc.).

As TommyB says, with a fixed term lease, the landlord cannot evict you because he wants to / has sold the house before the expiry of the lease, unless there is a suitable break clause (which you say there is not). His only means of eviction is if you are in breach of your obligations and he must first inform you of the breach and give you time to remedy said breach. If you fail to remedy the breach within a reasonable time, the landlord may serve you with a Notice of Termination, giving you 28 days notice.


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## Bronte (10 Oct 2013)

TommyB said:


> Tell the landlord you will be ceasing all viewings immediately.


 
That's very negative and unhelpful.  If the tenant can agree a mutally acceptable time what is the issue.


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## facetious (10 Oct 2013)

> Originally Posted by *TommyB* http://www.askaboutmoney.com/showthread.php?p=1354617#post1354617
> _Tell the landlord you will be ceasing all viewings immediately._





> That's very negative and unhelpful.  If the tenant can agree a mutally acceptable time what is the issue.



I do agree with Bronte on this. However, a tenant is entitled to his peaceful and exclusive enjoyment of the property.

Sooner or later the tenant is going to have to vacate the property (at the end of the fixed term) and will be looking for a reference for his next landlord, and in order to get this, it is best to be helpful with viewings. A compromise regarding viewings is best and achievable where the landlord-tenant relationship is not sour.


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## elcato (10 Oct 2013)

Given that there is 9 months left on the contract and there is not a sale agreed yet it's highly unlikely that the house will be sold and contacts signed in 9 months. There are exceptions but in the current climate with house sales being interfered with by receivers, bank committees on one side and buyer and banks on the other I would expect it to take up to and over a year to sell.


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## sam h (10 Oct 2013)

If you are facilitating viewings, you should be compensated for it.  We sold a house a while ago and agreed with the tenants to a lower rent in order for them to facilitate viewing - tenants are not under any obligation to have strangers go through their "home".  Our tenants agreed to the terms (but if it was me who was the tenant, I probably wouldn't).  What is something of value goes missing during a viewing?

When we did get a buyer, they were keen to close as soon as possible.  This suited 2 of the tenants, but not all.  Again, we offered a compensation to the remaining tenants so it all worked out fine (we made sure this was all in writing and stated clearly what notice they were legally entitled to and they were under no obligation to leave early. They found somewhere and were happy to have the extra few bob in their pocket.



> Given that there is 9 months left on the contract and there is not a sale agreed yet it's highly unlikely that the house will be sold and contacts signed in 9 months. There are exceptions but in the current climate with house sales being interfered with by receivers, bank committees on one side and buyer and banks on the other I would expect it to take up to and over a year to sell.



Not necessarily the case.  The last house I sold (tenant free) was all signed, sealed & delivery within 2 weeks of us accepting a cash offer - happy days!!  The EA and solicitor reckon it was a record so not really the norm, but it can happen.


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## elcato (10 Oct 2013)

> there are exceptions ...



==



> it was a record so not really the norm, but it can happen.


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