Selling to county council

[HollyBud]

Yeah, you remove paragraph 4, the requirement for the remainder of the declaration stand as outlined in the Explanatory Note at the start.

Like it say, Paragraph 4 is only required where the landlord is selling 10 or more dwellings etc.

Paragraph 4 contains the Statutory Declaration.

 

[Leo]

Like it say, Paragraph 4 is only required where the landlord is selling 10 or more dwellings etc.

Paragraph 4 contains the Statutory Declaration.

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.

 

[HollyBud]

Yes, the Statutory Declaration is on Page 4 and 5.
Part 4 of it is on Page 5
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.

 

[Leo]

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 guidance is crystal clear on this:

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.

The only variation is on whether it's appropriate to include Paragraph 4 or not. This is also detailed on the RTB site:

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.

 

[HollyBud]

I have been through this process and ignored Part 4 (the part that needs a solicitor).
I found the Councils solicitor, my solicitor and RTB to be very thorough and would delay thinks for weeks if not absolutely correct.
They appear to agree with my interpretation of the document, and to me is very clear.
No solicitors signature is required unless selling 10 or more properties.

 

[mairin2024]

Do the rules correctly and the council will make it work for you. Good wishes

 

[Leo]

I found the Councils solicitor,

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.

 

[Leo]

With respect Leo, that is just nitpicking.

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.

 

[HollyBud]

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, don't misquote me. I needed one alright, the question is you know is does it need to be signed by a solicitor..
You say yes, I know no.

 

[Dermot]

And I say YES

 

[Leo]

You say yes, I know no.

No, the RTB says yes, and they after all are the ones who will determine whether a notice of termination is valid or not.