I believe my tenant will dig in her heels and stay put and overhold also there is nothing to rent locally for close to what she is paying, unless the council can house her I will have a massive fight on my hands.
I believe my tenant will dig in her heels and stay put and overhold also there is nothing to rent locally for close to what she is paying, unless the council can house her I will have a massive fight on my hands.Thanks
We went sale agreed well before the notice expired.
I think you could also say you extended as you were hoping to sell to council under tenant in situ scheme. R
Its not the tenants fault in either case but moving to private sale with vacant possession is difficult. Our tenant could not find anything near the rent they pay us. Places were available but they said they were too expensive and not as good as our place. A year later and that won't have improved.
I sold or thought I sold my 3 bed house with hap tenants in situ to SDCC the process started in August 2023 ,had the surveyor out the valuation done and agreed a price, I send contracts out to them and waited and waited several months later today I get a letter from them saying that they were not going to purchase the property due to due diligence checks.I'm starting to get stressed now, notice given in October, application submitted in October. Have heard nothing from SDCC and tenant's notice date is in 5 weeks. I've had a lot going on in my personal life so haven't had a chance to follow up with them. I just sent an email and I'll call when the offices open. We really don't want to evict our tenant but after going through everything to get the paperwork together and serving the notice to quit I don't really want to go back to the beginning either and go down the private selling route
Does your lease agreement allow for selling to the LA?Duplex is in Drogheda, has anyone any experience dealing with Louth CC?
In that I was assuming you are part of a managed development as the majority of duplexes would be. Your solicitor will likely have a copy.Jeez thats a good question... I don't think I have a lease, or at least don't know where it is. I bought in 1999... If Ive misplaced it over the years where might I get a copy?
Are you just saying this to her or is it your real intention? If you are interested in selling to the council, the first thing to do is establish if that is permitted under your leasehold.We have informed her that we are planning to try to sell to the council and hopefully keep her in the apartment.
Hi Leo that is our real intention. I will have to check that. I don't believe it is an issue as another person in the block has already done the same. But still worth getting in writing thanksAre you just saying this to her or is it your real intention? If you are interested in selling to the council, the first thing to do is establish if that is permitted under your leasehold.
You should have a copy of the leasehold agreement you signed when you purchased. If not your solicitor will, and will be able to advise on whether an exclusion exists, but it's a good sign that others have been successful.Hi Leo that is our real intention. I will have to check that. I don't believe it is an issue as another person in the block has already done the same. But still worth getting in writing thanks
your termination of lease notice has to be witnessed by peace commissioner, solicitor there are a few options on the formHi folks, I have been following this thread with much interest. My wife and I have an apartment that we are planning to sell. We have moved out of Dublin and we to sell up. We have a tenant in situ and I understand due to the length of time we have our tenant that was have to give her at least 224 days notice. We have informed her that we are planning to try to sell to the council and hopefully keep her in the apartment. The question I have is around serving the notice. I know we need to inform our tenant and the RTB on the same day that we are terminating the lease. Do we need to get that eviction notice witnessed by a solicitor ? I'm sorry if this is a dumb question but I have never had to serve notice on a tenant before. Thanks JimmyOD
I'm in the process of serving notice to a tenant and in a similar position i.e 224 days, I've decided to contract a solicitor to make sure I don't mess it up. He's charging 270eur for letter, witness, registered post etc and they recommend 230 days notice in this case just to allow for any delays in postage.your termination of lease notice has to be witnessed by peace commissioner, solicitor there are a few options on the form
my only warning to you is if the 230days have passed and you do not have a signed sale contact with local authority walk away, they will drag it on as long as possible if they pull out after 230 days you have to serve the tenant new notice. Make it clear to your tenant you will be selling if local authority do not purchaseI'm in the process of serving notice to a tenant and in a similar position i.e 224 days, I've decided to contract a solicitor to make sure I don't mess it up. He's charging 270eur for letter, witness, registered post etc and they recommend 230 days notice in this case just to allow for any delays in postage.
I contacted the Housing Agency and they don't purchase properties that have HAP tenants that are being sold, need to contact Local Authorities. Which I will do once notice is served next week.
Luckily my lease agreement doesn't restrict the sale.
your termination of lease notice has to be witnessed by peace commissioner, solicitor there are a few options on the form
a statutory declaration must accompany a termination notice under RTB guidelines if the landlord intends to sell the property, your notice will be invalid without it.I have been through this process and that is not the case
As confirmed in the RTB guidance, they also provide a template here.a statutory declaration must accompany a termination notice under RTB guidelines if the landlord intends to sell the property, your notice will be invalid without it.
read it.As confirmed in the RTB guidance, they also provide a template here.
Yeah, you remove paragraph 4, the requirement for the remainder of the declaration stand as outlined in the Explanatory Note at the start.read it.
Note to landlord: Paragraph 4 is only required where the landlord is selling 10 or more dwellings in a development that have tenancies and there is no requirement for those dwellings to be sold with the tenants in situ (see s.35A(2) and (3) of the Act). Delete paragraph 4 if not applicable.
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