Apartment I was about to rent is also for sale

Hi all,

I’m looking for advice as to what fellow pinsters might do in my situation. I recently agreed to rent an apartment in the Smithfield area and paid a booking deposit. I was going to call into the letting agent’s office this Friday to sign the lease and collect the keys etc. However, I’ve since seen an advert on daft for the same apartment for sale with a different estate agent. I was hoping this was an old ad and the apt was no longer for sale. However, I called this agent pretending i was interested in buying and arranged a viewing next week (when I would already be living there, should i be renting it). They also helpfully informed me that they had the keys, when I asked.

Naturally, I got on to the letting agent and asked them what was going on. They said they were aware it was for sale with the other EA and were going to discuss it with me when i called into the office . They explained i would be given “adequate notice” before potential buyers came to view and it wouldn’t matter if someone else bought the apartment - my 1 year lease would still stand.

Does this whole thing sound a bit dodgy? The apartment itself is very nice and i was happy to be moving there. However can I really trust what the letting agent is telling me? I imagine that if there was a new owner, they could simply give me 30 days notice to get out. Not to mention the inconvenience of having to keep the place tidy/find somewhere else to go for viewings etc.

So what do ye think? I’m thinking of demanding my deposit back and looking elsewhere but I really liked this place. :frowning:

Walk away,unless you can significantly negotiate the rent downwards to reflect the absurdity of the situation whereby you get 24 hrs notice to be absent while people view your home,these people clearly want the best of all worlds,show them this comes at a price,if they will not deal,walk!

Hmm, if all you had was a common agreement to rent, then it seems he can sell it from under you with little or no notice, especially since you’ve not moved in. If you had a solid lease estabilshing tenancy for a fixed period, you’d be entitled to stay there, but I don’t think that’s your situation.

He HAS to give you your booking deposit back, I think. He might also have to pay you the interest you would have been earning on that money if you had known he wanted to get rid of the place rather than rent it to you.

You have a legal right to privacy. No potential house buyer can cross that threshold without your consent. You are legally obliged to allow the landlord in on occasion, after a mutually agreed time has been arranged in advance. You are also obliged to allow folks in who have repairs/ house maintenance to do, but again, at mutually agreed pre-arranged times only.

Under NO circumstance should you tolerate this illegal infringement of your right to privacy to take place. As I see it, you have two options: get the rent discounted by at least 30% and allow for viewings to occur at mutually agreed pre-arranged times only. Or, scream and shout till you get your money back and phuck off outta that lease. If necessary, get the media involved and you’ll find things will get sorted out much more equitably and speedily.

This is the worst kind of landlord. The NERVE!

I haven’t signed the lease yet. Is there any way the letting agent could legally hold on to my deposit if I walk away now? I paid €950 euro ( 1 months rent).

Given that he concealed a material fact (that strangers would be traipsing around your home) I’d say he hasn’t a leg to stand on, and knows it which is why he concealed it from you in the first place

He should be offering you an apology as he hands back your deposit,drop in to them,hear them out,if no significant reduction is forthcoming just say you will take your deposit back and that you feel you were badly misled,do not ask if its ok to get your deposit back etc its your deposit there should be no doubt that it should not be returned,some of these guys can be total sharks if they smell any weakness.

I’m still mad at that landlord.

Imagine, half the parish crawling around our home (if we pay for it, it’s our home), while we’re out at work, looking into our wardrobes/bottom drawers…

That landlord has little or no integrity, and cannot be trusted at all.

At least you found out before you moved in. I found out the week after I moved in and there was much unpleasantness from the landlady when I decided to move out on discovering the place was for sale.

The landlord has a cavalier attitude to tenant rights so you know what you are letting yourself in for.

offer to take it at half the previous rent, if they say no, walk away.

Hang on a second.
Maybe the landlord wanted to either sell or rent, whatever comes first. It’s probably what I’d do in that situation. The landlord will probably take it off the market if you agree to rent it.
I wouldn’t be too quick to jump to conclusions here. You could always just ask the landlord what their intentions are.

I did ask the letting agent and this is not the case. She was expecting me to rent it out with it still being for sale and have to put up with strangers coming to view… :frowning:

Legally, no. But they might try, you never know with some of the cowboys in that business. Ignore all the shit they’ve probably fed you about the booking deposit being non-refundable. They can write what they like down on paper, it doesn’t make it true. Be firm.

If you really do like the place, try to renegotiate the rent based off this very important fact the letting agent deliberately misled you about. I wouldn’t expect viewers to be beating the door down on a 1 bed 2nd hand apartment in Smithfield over the next year.

Come off it. Whichever comes first? Selling is a process that takes months, minimum. Letting out an apartment if you price competitively can be done in days. We all know what went on here, the LL wants to sell, but by god he could do with the grand a month in rent while he tries to sell on his most likely over-priced one bed. All he needed was a muppet who would pay market rate while facilitating viewings to aid the sale. The letting agent as either told or took it on themselves to deceive potential renters as to the true situation, until it was too late and the muppet probably wouldn’t back out.

Don’t be that muppet JackWade. Either let the place go or get yourself discounted rent.

Privacy is priceless. I’d stuff it to the landlord and find somewhere else in this tumbling market.

I was about to post a nice long informed response to this mail but eh…frankly bugler sums it right up. i worked as a letting agent for a few years and this is fairly standard behaviour from the cowboys -get the place sold but keep the mortgage covered in the interim.

In all honesty though 90% of people have no issue with these arrangements provided they are informed at the original viewing, your letting agent misled you and has no grounds for Deposit retention. In my opinion it still means that there will be a mupet around the corrner who will take it for more or less the same rent…

Tough call on whether or not you should tolerate but I cant see any 50% reduction happening… maybe 10%? and any arrangement you do come to regarding viewings needs to included in the lease ie ‘Only tuesdays and wednesdays from 3pm - 6pm and with 24 hrs notice’

Good Luck
John

Well folks, I called the letting agent today and told her I wouldn’t be taking it and I was pretty pissed off at being misled. She said she couldnt really see why it was a problem but I would be refunded in full if that was what i wanted.

I apreciate everyone’s comments and advice.

I’ll be keeping an eye out if the letting agency’s ad reappears on daft. The selling agent’s ad is still there.
Mods, would it be ok to post a link?

Tell her you will be dropping by her place for a viewing around 10am on Saturday. See if she “gets it” then.

I think we’re safer as we are Jack… :wink:

Feel free to post a rental or price drop though, if you catch my drift… :angry:

The apartment is back up for rent on daft. Still no mention of the fact its for sale too… :imp:

Glad to hear you got your deposit back JackWade. Now we’ll have to add another check to irishhometruths.com/