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Home / Guides / Tenant in Situ

Tenant in Situ: when the State buys your rental so you don't have to leave

If your landlord is selling and you have been served a notice of termination, there is a route most tenants have never heard of: the State can buy the property from your landlord and keep you in it as its tenant. Nothing about your home changes except who you pay rent to.

Quick facts

Two schemes
Cost Rental (Housing Agency) ยท Local Authority
Cost Rental income limit
โ‚ฌ66,000 Dublin ยท โ‚ฌ59,000 elsewhere (net)
You need
A valid notice of termination
Apply to
Your local authority โ€” early

What it actually is

A tenant in situ scheme lets you carry on renting your home when your landlord is selling, because your local authority or the Housing Agency buys the property from them and becomes your landlord instead. There are two of them and which one applies to you depends on whether you are already getting housing support.

Cost Rental Tenant in Situ โ€” for private renters

The Housing Agency buys the property and you rent from them. You can use this scheme if you are a private tenant who has received a valid notice of termination and is at risk of homelessness because the landlord is selling.

The income test is on net household income: below โ‚ฌ66,000 a year in Dublin and โ‚ฌ59,000 everywhere else. You must not own other residential property.

Local Authority Tenant in Situ โ€” for HAP and RAS tenants

If you are renting privately and getting the Housing Assistance Payment or are on the Rental Accommodation Scheme, your local authority can buy the property instead and you continue renting from the council.

Act on the day the notice arrives, not the week before it expires. A purchase takes months. The schemes exist because tenancies were ending when the winter eviction ban lifted, and they only work if the council knows early enough to negotiate with your landlord while you are still in the property.

How to apply

Contact the housing section of your local authority as soon as you get the notice of termination and say you want to be considered under the tenant in situ scheme. Bring the notice itself โ€” it is the document the whole thing turns on.

Common questions

What is the Tenant in Situ scheme?
It allows you to continue renting your home when your landlord is selling, because your local authority or the Housing Agency buys the property and becomes your landlord.
What is the income limit?
For the Cost Rental Tenant in Situ Scheme your net household income must be below โ‚ฌ66,000 a year in Dublin and โ‚ฌ59,000 elsewhere, and you must not own other residential property.
Do I need a notice of termination?
Yes โ€” for the Cost Rental scheme you must have received a valid notice of termination and be at risk of homelessness because your landlord is selling.
What if I'm on HAP?
Then the Local Authority Tenant in Situ Scheme is the relevant one: your council buys the property and you rent from the council.

This guide is general information, not financial advice. Rules, rates and eligibility change and differ by country โ€” always confirm the current details with the relevant official body before you act.

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