Requirements for selling apartment rented through Council RAS scheme.

ZMonkeynutZ

ZMonkeynutZ

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Greetings all,
I'm looking for some advise either here or professionally regarding our situation.
We moved to Australia a number of years ago and rented out our house.
As there was a high turnover of tenants we decided to let the house to the council through the RAS scheme (yes I know better now).
The tenant has done some damage to the furniture etc in the house that is above normal wear and tear and we have notified them of all that has to be repaired.
I am aware that we will probably only get 1 months rent towards the repairs/replacements needed.

However at this stage I cant see us coming back to Ireland so we have decided to sell up.
The contract is a 6 year contract ending in 2025, however we plan to give the tenant 6 months notice. It will take some time to get the house back to a salable state to get its value.
Because we have been out of the loop so to speak for so long, I wanted to check my thinking.

We provide notice to the tenant (6 months) and copy the RTB using the examples provided by the RTB and fix a termination date.
We need to provide an alphadavid stating our intent to sell the house (who do we send this to?)
From the termination date we have 9 months to put the house on the market.

Any insight welcome
Rgds
D.
 
See this guidance on the RAS scheme, might answer any questions you have. If not, perhaps clarify the ask.

You should note that in cases where landlords have not lodged and won a formal complain against a tenant for damage in excess of normal wear and tear, it is not unusual for the RTB to order landlords to return the full deposit.
 
Some thoughts. I am a RAS landlord.

1. My tenant caused damage to a cooker/hob. I notified the Council who advised me to buy a new one, provide them with the receipt as they would reimburse me. I did as advised and got refunded the full cost of the new appliance.

2. No security deposit was given by the Council at the outset of the tenancy. (It seems that because of the absence of a security deposit, the Council were prepared to reimburse me for the replacement hob at 1 above). There’s a maximum limit of one month’s rent on the amount you can claim.

3. If you are in a 6 year Lease, I’m not sure you can break the lease prior to the 6 year period unless the lease has a break clause.

4. The Lease I have is a tripartite lease between me, the Council and the Tenant. Double check who you need to provide any Notices to. If your lease is the same as mine, you’ll need to put the Council on notice of your intent to end the tenancy as well.
 
ZMonkeynutZ said:
We need to provide an alphadavid stating our intent to sell the house (who do we send this to?)
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affidavit?

If so that's attached in the termination notice you send to tenant/council etc.,

If you intend to do renovations (and you can't be sure how long that will take); I'd be inclined to consider giving notice 'for your own use'; and I also consider one or both of you returning home for a time (can you work remotely?) whilst the renovations/ sale is going on. No one will look after your business as well as you.
 
DannyBoyD said:
affidavit?

If so that's attached in the termination notice you send to tenant/council etc.,

If you intend to do renovations (and you can't be sure how long that will take); I'd be inclined to consider giving notice 'for your own use'; and I also consider one or both of you returning home for a time (can you work remotely?) whilst the renovations/ sale is going on. No one will look after your business as well as you.
Click to expand...
yes, affidavit.....Ive no idea where my brain is these days :D

Thanks for the advice so far everyone. We just need to get going on this.

Johnno75, same set up as you, no deposit but we can break the lease if we want to sell.

D.
 
If the house is to be sold and the tenants are still in-need-of-housing the council will probably look to buy it from you, so consider that. As they are on the contract, they would need to be on the notice of termination also. You might not get full market value, but what you lose by the sounds of it will probably be largely compensated for in terms of cost of sales if a lot of repairs are required.
 
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