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In Ireland, there are legal and procedural steps that both landlords and tenants must follow when a property is being sold.
Here are the general steps and considerations:
1. Notice of Sale:The landlord is typically required to inform the tenant in writing that they intend to sell the property. The notice period can vary, but it is usually 42 days for periodic tenancies. For fixed-term tenancies, the sale does not affect the lease unless there is a break clause or other agreed-upon terms.
2. Access for Viewings:The landlord may request access to the property for viewings by potential buyers. However, they must provide reasonable notice to the tenant and agree on suitable times. The tenant has the right to quiet enjoyment of the property.
3. Tenancy Continues with New Owner:If the property is sold with a sitting tenant, the tenancy generally continues with the new owner. The terms and conditions of the existing tenancy agreement remain in place.
4. Sale Agreements and Tenant Rights:The sale of the property does not affect the tenant's rights under the Residential Tenancies Acts. The new owner must respect the terms of the existing tenancy agreement, including the rent and other conditions.
5. Registration of New Ownership:The new owner must register the change of ownership with the Residential Tenancies Board (RTB). The tenant should be provided with details of the new owner and how to contact them.
6. Return of Deposits:If the property is sold, the landlord is responsible for returning any rental deposits to the tenant. This should be done in accordance with the terms of the tenancy agreement.
7. Tenancy Termination Notice:In some cases, the new owner may want to occupy the property or make significant renovations, leading to the termination of the existing tenancy.
In such cases, proper notice must be given to the tenant, and the tenant has certain rights and protections.It's important for tenants to be aware of their rights and communicate with both the existing landlord and the new owner during the sale process.
The Residential Tenancies Board (RTB) in Ireland provides information and dispute resolution services related to residential tenancies and may be a valuable resource for tenants facing such situations.
As regulations and procedures can change, it's advisable to seek legal advice or contact the Residential Tenancies Board for the most up-to-date information based on your specific circumstances
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