Can I give a Notice of Termination to a HAP tenant from August 2020?

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Tadaima

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I have HAP tenants whose financial circumstances have not changed since Covid 19. Mine have and I need to sell the property. The tenants have been there for nearly 4 years and are entitled to 180 days notice meaning the tenancy would end in February 2021. Can I serve this notice now with a statutory declaration that I intend to sell? It says on the RTB website:
"The emergency legislation takes effect from 27 March 2020 and continues until 1st August 2020."
As 1st August 2020 has passed, can I give the 180 days notice? Can I sell the house within the 180 days notice if an investor buyer is prepared to buy with tenants in situ? I am aware this means selling below market value but I need to sell in order to pay for my own children to attend college and pay for their accommodation. I had told the tenant informally that I would be selling this year and they do not want to move out.
 
I think you are confusing two different concepts.
As far as I understand the situation:
Firstly I believe that you can sell the property with the tenancy in place, the buyer taking on the role and responsibilities of landlord.
Perhaps others here can comment on this too.
Secondly you may terminate the tenancy so you can sell the property unencumbered by a tenancy. How you may do this is defined by statutory regulations, with rules governing notice to quit the property and the rights the tenant has if you ultimately do not sell the property.
As to giving (proper) notice of your intention to sell I believe that you can issue this since 02 Aug 20.

https://www.rtb.ie/emergency-measur...easures-have-ended-how-is-my-tenancy-affected
For tenancies other than those in rent arrears, ending a tenancy is now permitted. The existing laws on how to end a tenancy, in place prior to the emergency period, apply again from the 2nd August 2020.
\wbr
John
Disclaimer: I am not a lawyer! This is my opinion only!
 
Thank you JMJR. Correct, I am confused. I want to sell the property with the tenancy in place as I do not want to put myself or the tenant through the horror of eviction. However, both my solicitor and estate agent have strongly advised I give the tenant notice and if an investor buys the property they can keep the notice going or revoke it. I find the legislation unclear on whether or not ending a tenancy is now permitted but am now satisfied it is permitted for the sale of a house from the 2nd of August onwards. I have the notice and statutory declaration from the solicitor ready to go stating that the house must be sold within 9 months of the termination of the tenancy. I presume the property can be sold before the termination of the tenancy as the tenant will still have their part 4 rights.
 
You can also try offering the sitting tenant a financial incentive to leave. Maybe, say, two months rent to leave early and cooperate with viewings in the meantime.
It's a win-win if the tenant is agreeable.

If you structure it as a rent reduction / refund, you should even get tax relief on it.
 
HAP pays the rent so I don't think I can structure it as a reduction. Ideally I would like to sell with the tenants in it.
 
Baby boomer said:
You can also try offering the sitting tenant a financial incentive to leave. Maybe, say, two months rent to leave early and cooperate with viewings in the meantime.
It's a win-win if the tenant is agreeable.

If you structure it as a rent reduction / refund, you should even get tax relief on it.
Click to expand...

completely agree. I did this before and it worked well. Tenants also had the place completely clean for viewings and stayed out of the house for the viewings also. Worth every penny of the extra cost.
 
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