Landlord breaking the lease

would you be in a position to buy this property? if so make an offer think of the EA fees he would save if this is possible
 
Re: Landlord breaking the lease!!

delgirl said:
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.
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Perhaps the landlord should have considered these contingencies before signing up to a 12 month lease?
 
ainya said:
would you be in a position to buy this property? if so make an offer think of the EA fees he would save if this is possible
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No chance of being able to buy the house,one the exact same went for €670,000 only a few weeks ago,its just way out of my league,there are four of us sharing the rent here!!
 
My understanding is the same as SPC100 above. The residential tenancies act was designed to protect tenants who did not have a lease from being evicted willy-nilly. A lease is a binding contract and supercedes the terms of the act
 
Delgirl,

I am afraid you are incorrect here. The RTA gives the minimum notice period that can be provide. A written lease supercedes the minimum notice and thus unless the lease provides otherwise the landlord has no right to terminate the tenancy until the end of the year period.
 
Notice from Landlord

I finally received the notice from the landlord asking us to vacate the premises. Here is the exact letter I received today,the 18th of January 2007. As I mentioned earlier,we have been living here for a year and a half and our current lease was due to end at the end of july, is he well within his rights to do this?

7/01/2007

To the tenants of ???????????.
Mr. ??????????
Mr. ??????????
Mr. ??????????
Mr. ??????????

As per my discussion with ???????? earlier today and for the reasons mentioned during that conversation I must hereby give you 60 days notice of the termination of your lease. As personal circumstances necessitate that I must sell the property within the month of March I hereby request that you vacate the property on or before March 7 2007.
I apologise that this action is neccessary and I hope it does not cause you undue stress. If at any point over the coming 60 days you wish tovacate the property you are welcome to do so and your full deposit will duly be returned.

Landlord's signature
 
Re: Notice from Landlord

He has left out one important piece

something along the lines of
NOTE Any issue as to the validity of this notice or the right of the Landlord to serve it, must be referred to the Private Residential Tenancies Board under Part 6 of the Residential Tenancies Act 2004 within 28 days from the date of receipt of it.

I believe for the notice to terminate to be valid it should contain the above section.

PRTB however for what its worth really doesn't offer an protection to tenants. Tenants are very often viewed as commodities by landlords rather than people who consider the landlord's investment to be their home.

The landlord's circumstances however may have changed and he is within he rights to terminate the lease if he wishes to sell. If a binding contract however is not in place within 3 months of you vacating you may have some comeback, although it's a lot of use to you then​
 
Re: Notice from Landlord

If he needs to sell the place he needs to sell it. What do you want him to do, hold onto it because you want to stay there?
 
Re: Notice from Landlord

He needs to sell, which is fair, but seeing as the Lease runs only until next July the ideal situation if possible would be if he could at all to wait until then.

The legislation as it currently exists is useless to Tenants in every respect, a system whereby tenants can realistically be allowed to consider a rented property their home and whereby Landlords recognise that their investment is in fact someone's home is probably impossibile to engineer but should be the aim
 
Re: Notice from Landlord

Purple said:
If he needs to sell the place he needs to sell it. What do you want him to do, hold onto it because you want to stay there?
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I don't see why you think it is unreasonable to think that a lease should be binding? In an ideal world Duck's landlord should not be at liberty to evict Duck until the end of the lease, if he has to sell then why not sell it with a sitting tenant?
 
Re: Notice from Landlord

Landlord is terminating a part 4 tenancy as he is selling the rented property.
He is actually entitled to give you only 42 days notice, not 60 days as you have been renting for more than 1.5 year.
See details [broken link removed]
 
Re: Notice from Landlord

Card's post is correct.

If you really want to play silly buggers with the landlord, wait until the 7th of March and then tell him that he didn't include that sentence in his notice and thus his notice is invalid. It will mean that you'll then have the house for another 42 days at least.
 
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Re: Notice from Landlord

Duck Why have you posted this again? As clearly set out in your previous thread the landlord will only have the right to terminate the lease if the terms of the lease provide for this. Read the lease and stop raising the issue in multiple threads!
 
Re: Notice from Landlord

bacchus said:
Landlord is terminating a part 4 tenancy as he is selling the rented property.
He is actually entitled to give you only 42 days notice, not 60 days as you have been renting for more than 1.5 year.
See details [broken link removed]
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the OP says they have a 12 month lease however, the above applies to situation where there is no lease.

How about asking the landlord if he would consider transferring the lease to the new owner? You could agree to let prospective buyers view the house while continuing to live there?
 
Re: Notice from Landlord

Purple said:
If he needs to sell the place he needs to sell it. What do you want him to do, hold onto it because you want to stay there?
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Yes, absolutely. It's your home and you are entitled to stay in it until your lease has expired. What is the point of having a contract if the landlord can break it whenever he feels like it? It's a lot of hassle and stress moving house. The OP entered into this contract in good faith and so it should be honoured.

I have six months remaining on my lease and if the landlord tried to do this to me I'd tell him where to shove it. He can take me to court if he wants that expense (I also discussed this very issue the other day with a solicitor and he agreed with me).

That said, the OP has been asked over and over to go and read the lease and tell us if there are any provisions in the lease for early termination in the event of the landlord wishing to sell the house. This whole discussion is pointless until we know this.
 
Re: Notice from Landlord

gearoidmm said:
Yes, absolutely. It's your home and you are entitled to stay in it until your lease has expired. What is the point of having a contract if the landlord can break it whenever he feels like it? It's a lot of hassle and stress moving house. The OP entered into this contract in good faith and so it should be honoured.

I have six months remaining on my lease and if the landlord tried to do this to me I'd tell him where to shove it. He can take me to court if he wants that expense (I also discussed this very issue the other day with a solicitor and he agreed with me).
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So if a tenant wants to leave before the lease is up and gives the landlord 60 days notice the landlord should be able to force them to pay the rent for the full duration of the lease (as is the case with commercial leases)?
As a former landlord and a former tenant I don't think that the landlord is acting badly in this situation. I had tenants leave seven months into a lease because one of them was moving jobs. They gave me one months notice and I gave them their deposit back. While I was entitled to keep it under the terms of the lease I think that it would have been unreasonable to do so.
 
Re: Notice from Landlord

Purple said:
So if a tenant wants to leave before the lease is up and gives the landlord 60 days notice the landlord should be able to force them to pay the rent for the full duration of the lease (as is the case with commercial leases)?
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Definitely. A contract is a contract, at the very least there should be a penalty for breaking it. It is ridiculous that landlords can break their leases with impunity in this country.
 
Re: Notice from Landlord

dontaskme said:
the OP says they have a 12 month lease however, the above applies to situation where there is no lease.

How about asking the landlord if he would consider transferring the lease to the new owner? You could agree to let prospective buyers view the house while continuing to live there?
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Thanks dontaskme,that is the best advice I have recieved,sounds like a good idea!!! Hopefully the new owners would like to rent out the property, I didnt think about that
 
Re: Notice from Landlord

bankrupt said:
Definitely. A contract is a contract, at the very least there should be a penalty for breaking it. It is ridiculous that landlords can break their leases with impunity in this country.
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So you are saying that a landlord should be able to force a tenant to pay rent for the full term of the lease, even if the tenant moves out?
I think that's a bit harsh, but you are entitled to your views, even if they are very rightwing.
 
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