A 10-month lease for an apartment was signed 4 months ago. The building was recently sold to a new landlord. The new landlord has given 5 weeks written notice to vacate.
Would the obligations of the lease from the original landlord have transferred automatically to the new landlord?
A part 4 tenancy requires that the tenant be there for 6 months or more.
The notice period to terminate in the first six months is 28 days - https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give
What does the lease say about break clauses?
A lease is meaningless as a part four supersedes any lease.If I sign a lease for 10 months, surely the 10 months is binding on both the landlord and tenant unless there is a notice clause in the lease?
I would have assumed that those notice periods under Part IV only applied where the term of the lease is not specified?
If either party can give notice, then the 10 months is meaningless.
Brendan
Welcome to a landlords world.
That's not true. If a lease does not contain a break clause permitting termination in certain circumstances then it provides rights in excess of those provided by the security of tenure provisions of Part 4.A lease is meaningless as a part four supersedes any lease.
Welcome to a landlords world.
Surely it's also welcome to the tenants' world.
They sign a lease in good faith and plan accordingly.
Then their landlord sells the house and the new owner kicks them out.
I would have assumed it was like a commercial property rental. The building is offered for sale with a sign "tenants not affected".
Brendan
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