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Should I Pay Rent to a struck off Developer

  • 04-12-2008 12:34pm
    #1
    Company Representative Posts: 1,740 ✭✭✭


    Hi Guys,

    Interested in your advice. The house i'm renting is owned by a developer who was stuck off according to the CRO. Not sure what to do having heard absolutely nothing from them or being able to contact them i cancelled the direct debit.

    Got a rude call today saying they were still trading (despite being struck off) and wanted the rent or else. I asked for a letter confirming that they still were the owners of the house and an explanation of the position in relation to the CRO, as i don't want to get done for rent from whoever now owns it and also don't want to loose my deposit.

    Any advice?


Comments

  • Registered Users, Registered Users 2 Posts: 16,288 ✭✭✭✭ntlbell


    Hi Guys,

    Interested in your advice. The house i'm renting is owned by a developer who was stuck off according to the CRO. Not sure what to do having heard absolutely nothing from them or being able to contact them i cancelled the direct debit.

    Got a rude call today saying they were still trading (despite being struck off) and wanted the rent or else. I asked for a letter confirming that they still were the owners of the house and an explanation of the position in relation to the CRO, as i don't want to get done for rent from whoever now owns it and also don't want to loose my deposit.

    Any advice?


    wait for the letter..


  • Registered Users, Registered Users 2 Posts: 2,808 ✭✭✭Ste.phen


    Aye, didn't I see here before that assets, including property, belonging to struck off companies, then fall under the ownership of the minister for Enterprise? :)


  • Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    Minister for Enterprise? That would be interesting.


  • Registered Users, Registered Users 2 Posts: 2,808 ✭✭✭Ste.phen


    Aye, there was a thread here a few weeks back about a management company being struck off


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The house is now in the ownership of the Minister for Finance and you should not pay rent to anybody else. You should however put aside money to cover the rent. If they go to court and have the company restored to the register it will have the effect that the compnay will be deemed to have been trading all the time. You should complain to the guards if somebody is looking for money to which they are not entitled.


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  • Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    Thanks Jo, appreciate your help and knowledge!


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Jo King wrote: »
    You should complain to the guards if somebody is looking for money to which they are not entitled.
    I'm not sure how interested the Garda will be, but the CRO and the ODCE will be. Can I suggest you also get proper advice? From a solitior if possible, but the ODCE and Threshold might be useful.

    www.odce.ie www.threshold.ie


  • Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    Thanks Victor,

    Will chat to my solicitor if i get a letter, judging but the attitude / bad language of the developer i think he's just desperately clutching at straws. I don't see much point in making his life worse in adding problems when he's clearly in deep already.

    Will sit tight for now and when i find out who should legally be receiving the rent will then sort it out.


  • Registered Users, Registered Users 2 Posts: 2,789 ✭✭✭grizzly


    Thanks Victor,

    Will chat to my solicitor if i get a letter, judging but the attitude / bad language of the developer i think he's just desperately clutching at straws. I don't see much point in making his life worse in adding problems when he's clearly in deep already.

    Will sit tight for now and when i find out who should legally be receiving the rent will then sort it out.

    Nice attitude, good on ye :)


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    I wouldn't be surprised if this gets a bit messy, with the guy calling to the door and all the rest of it.

    As you say, this guy is probably in an awful lot of trouble.

    I don't see any reason not to stick to your current position though.


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  • Company Representative Posts: 1,740 ✭✭✭TheCostumeShop.ie: Ronan


    To be honest can't see him calling to the door when im there. He used to live in the estate and local workers who hadn't been paid used to wait outside his house for him to come home. He hasnt been seen around the area for a long while.

    Im a little worried about him coming to the house when im not in but the neighbours are in the same boat and said they'd keep an eye out.

    All in all i have no issue talking to him if he did show up and if they get listed as a company again will pay the rent that is due (after all i have been in the house). Would expect a written letter explaining the situation which i think should have been issued at the time and an apology for the way they delt with the situation (rudeness / unnecessary threats) and all will be forgiven.


  • Registered Users, Registered Users 2 Posts: 7,218 ✭✭✭bobbysands81


    If your Management Co has gone to the wall then ownership of apartments etc... reverts to the Minister for Finance (as previously stated).

    It would take a visit to the High Court to alter this.


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