Thanks Bankrupt,do you know how I can contact Threshold or the PRTB?
I'm not sure that BabyTooth is correct, you should check your lease in case there is a clause that prevents the landlord from kicking you out but selling up is one of the reasons that the PRTB allow landlords to use to evict tenants. I suggest that you contact Threshold and the PRTB to get a definitive answer.
Unfortunately your situation underlines just how weak tenants' rights really are under the PRTB (admittedly much improved on the previous state of affairs.)
the landlord can evict you if he is putting the house up for sale straight away. but you also have a lease,,,,he's making your life more awkward so ask him to buy out the remaining lease, or give you back your deposit and help you obtain a similar house in the same area, or you can tell him to wait until your lease is up, that you are not moving out till then period.
He can then go and get an eviction order, which most likely he won't get if you have representation and state that you will move out at the end of your lease....
play hard ball with him, its your life he's messing with. Use the law to your full advantage, and this will show l.lords that they can't go about doing whatever it is they want.
speak to threshold..
Duck, I would be very interested to hear how you get on with this (especially if you take the course of action outlined by BT.) Good luck.
You can tell him to wait until your lease is up, that you are not moving out till then period.
He can then go and get an eviction order, which most likely he won't get if you have representation and state that you will move out at the end of your lease....
Hi Duck, by all means speak to Threshold and the PRTB, but you should know that the landlord is legally only required to give you 42 days notice under the 2004 Residential Tenancies Act to vacate his/her property as he/she has indicated that the property is to be sold.the landlord can evict you if he is putting the house up for sale straight away.
but you also have a lease,,,,he's making your life more awkward so ask him to buy out the remaining lease, or give you back your deposit and help you obtain a similar house in the same area, or you can tell him to wait until your lease is up, that you are not moving out till then period.
He can then go and get an eviction order, which most likely he won't get if you have representation and state that you will move out at the end of your lease....
play hard ball with him, its your life he's messing with. Use the law to your full advantage, and this will show l.lords that they can't go about doing whatever it is they want.
speak to threshold..
Hi baby_tooth, I don't understand why you think an eviction order will be refused? (assuming the landlord is not breaking the terms of the lease, which I imagine is unlikely).
The tenant from Hell!And just becasue the law is weak from the tenants point of view doesn't mean its right and doesn't mean you have to bow and cede way.
Personally i would look for some compensation if this is of a major inconvience to you. And if the l.loard was being unhelpful or disagreeable well i would stand up to him and refuse to move.
The tenant from Hell!
Yes, the operative work here is legal.I have to say that a landlord breaking a lease half-way through a year would be an enormous expense and inconvenience to me, I would certainly do anything (legal) I could to see the lease through. The security of tenure provided for by the PRTB is just not sufficiently protective of tenants to my mind.
Yes, the operative work here is legal.
Consider the position of the landlord for a moment - perhaps he/she is ill, has been made redundant, and needs to sell the property to support him/herself. Perhaps he/she was one of the investors who bought when prices were high and now finds him/herself unable to cover the recent mortgage interest rate increases and is struggling each month to make the payments.
The landlord has acted correctly and has even been fair enough to give 60 day's notice where only 42 are required by law.
The law is there to protect both parties. It's an unfortunate situation, but Duck should do the right thing and look for alternative accommodation.
I believe that tenants have more security that they did prior to the 2004 Residential Tenancies Act. The Landlord in this case is entitled to serve notice on the tenant only if he intends to sell the property within 3 months - the grounds for recovery of possession are subject to certain procedures to prevent abuse - it's up to the PRTB to check/enforce this.The law is the law. But it generally unfairly protects the landlord (in my view - and I have been a landlord in the past). Tenants in Ireland have no real security of tenure, no real guarantee that where they are staying is their home.
The Landlord is entitled to terminate the lease giving 42 day's notice if he needs to sell the property.I am not definite, but I believe that if Duck signed a 1 year lease, and their is no clause in that lease allowing the landlord to terminate before the year is up, then the landlord is not acting correctly. And the law is protecting Duck.
I wasn't comparing the tenant's home with 'a badly performing piece of stock', but was merely trying to shed some light from a landlord's point of view.In my opinion, (and in an ideal world) the landlord should have no right to turf Duck out of his home in this situation, ill or not. So what if the landlord's investment has under-performed? This is someone's home that is being considered, not a badly performing piece of stock.
We recently had to sell an investment property as my husband became too ill to carry on in his particular line of work and we otherwise could not have afforded to pay our mortgage. We gave the tenant 2 month's notice and helped her to find alternative accommodation. The removal was carried out by a friend with a van and she had no other costs to cover. Yes, it was 'inconvenient' for her, but so too would it have been very costly for us to have allowed her to stay until the end of the lease.
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