Just moved in(1 year lease) - Now house going to Mortgagee sale

[styxgeist]

Hi there,

Just need some advise regarding this and if there is any legal recourse that can be taken against the real estate agents who tenanted the property on behalf of the owner.

The owner has defaulted on their mortgage and alas, the property is now going to a mortgagee sale. I understand that there really isn't much we can do regarding having to move out if the new owners are wanting to move in themselves, however do we have recourse against the real estate agents who rented out this property to us.

We have literally only been in the house for the first month of a 1 year lease, to then have this thrown at us. Would it be reasonable to take this to a tenancy tribunal to be reimbursed for Moving costs(out or into the property) and the 1 week agency fee we had to pay them?

Any advise would be much appreciated.

CHeers

[ATandGT]

What would you think there is any claim against the real estate agent? They are often the last to know; even after the tenants. The owner's financial situation isn't their business.

To offer other advise; your tenancy becomes an ordinary periodic tenancy when the house sells.

[cube]

Are the rules for a mortgagee sale any different than a normal sale. In a normal sale, I believe that the tenancy takes precedence.

[ATandGT]

Basically the tenancy can carry on as it was; the tenant must allow reasonable access etc. The only change is that both parties can give notice as if it were a periodic tenancy.

[w44vi]

If you keep the place spotless and you'er accommodating, you may end up with someone who wants you to continue the lease

[AMR]

From my understanding a fixed term can be broken if it is a mortgagee sale.

[essence]

From the Residential Tenancies Act (Amended 1/10/11)

58 Mortgagee or other person becoming entitled to possession
(1) Where a mortgagee or other person becomes entitled (as against the landlord) to possession of the premises, the following provisions shall apply:

...

(d) without limiting paragraph (c), but subject to paragraph (e), in the case of a fixed-term tenancy, the mortgagee
or other person shall have the same right to give notice terminating the tenancy as the landlord would have had
if the tenancy had been a periodic tenancy:

Read the full Section 58 here.