Like it say, Paragraph 4 is only required where the landlord is selling 10 or more dwellings etc.Yeah, you remove paragraph 4, the requirement for the remainder of the declaration stand as outlined in the Explanatory Note at the start.
No, that's referring to paragraph 4 of the statutory declaration. Perhaps you might be confusing paragraph with page? The template for the statutory declaration is on page 4 of that document, but paragraph 4 of that declaration (which happens to be on page 5) specifically only applies when selling 10 or more properties. The paragraphs of the declaration are numbered.Like it say, Paragraph 4 is only required where the landlord is selling 10 or more dwellings etc.
Paragraph 4 contains the Statutory Declaration.
The guidance is crystal clear on this:Part 4 is the part that need to be signed by a practicing Solicitor, which can be ignored if landlord is selling 10 or more properties.
So in answer to above question "do we need to get it sign by a solicitor" the answer is no.
The notice of termination must be accompanied by a statutory declaration. A statutory declaration must be signed in the presence of a Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner.
Requirement for statutory declaration
A statutory declaration must accompany a notice of termination served because the landlord requires the property for their own occupation or occupation by a family member. A sample statutory declaration is included with the sample notice of termination provided above.
The statutory declaration has nothing to do with the sale process, it's about the validity of the lease termination. Without one, the tenant could seek to have the termination notice declared invalid.I found the Councils solicitor,
You may consider it nitpicking as you got away without producing one.With respect Leo, that is just nitpicking.
No, don't misquote me. I needed one alright, the question is you know is does it need to be signed by a solicitor..You may consider it nitpicking as you got away without producing one.
I and others have just clarified that the RTB state clearly that one is required. Now, as you say, others reading this are free to choose to follow the guidance issued by the RTB and ensure they are fully compliant or they can skip that and take their chances.
No, the RTB says yes, and they after all are the ones who will determine whether a notice of termination is valid or not.You say yes, I know no.
I included everything, let house as was.Hi all, we are currently in negotiations with Galway Co Co regarding selling our house. It’s the all too common scenario of tenants in the house who have been served notice but have nowhere to go so only option is sell to council. Just wondering, for those who have been through the process - what did you do regarding the house contents? Were they included in the sale price or did you have to remove contents?
I sold a house with a sitting HAP tenant and whilst it was slow, it was easy with Kildare County. They wanted the house unfurnished so I agreed with the Tenants that all furniture would transfer to them - as the tenant wanted them and I didn't... so all worked out well!Hi
Just wondering has anyone experience of selling a house directly to the county council. I have a long term HAP tenant. Ideally the council would buy with tenant in situ.
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