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Home Buyers; Buying with a Sitting Tenant

Buying with a Sitting Tenant; What do I need to Know?

Ellen Prenderville
Director
Wednesday, Jan 18 2023

If you buy a property with tenants in situ, you will take on the rights and responsibilities of the previous landlord. The tenant’s rights and responsibilities remain the same under any new owner.

If keeping the property as an investment with the current tenants, it is important to inform the tenants of any changes to the rent payment account so that all future payments are made to the new landlord. Once the existing lease expires, a new agreement should be created between the New Landlord and the tenants. This will need to be registered with the RTB.

If you require vacant possession, a Landlord is entitled to serve notice under the following grounds as per the Residential Tenancies Act;

  • Tenant is in breach of their responsibilities.
  • Landlord requires the property back for their own use or that of a family member.
  • Landlord wants to sell the property.
  • Significant refurbishment of the property.
  • The use of the property is changing.

 

The above grounds apply only to tenancies of 6 months or longer. If the tenancy period is shorter than 6 months, the landlord does not need to give a reason.

Further information on how to end a tenancy is available here