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Commercial Rate Query

  • 09-10-2009 2:57pm
    #1
    Query01
    Closed Accounts Posts: 3 ✭


    Would anybody know what the position is with regard to Commercial Rates when the occupier fails to meet his obligations?

    What are the landlord’s rights with regards to the non-payment of rates by the tenant?

    Is there any wavier or case law that would enable the landlord to avoid historic accumulation of rates?

    Is there an obligation on the rate collector to chase the tenant should the tenant abscond?

    Any help with the above queries would be appreciated.


Comments

  • #2
    Ashlinggnilsia
    Closed Accounts Posts: 274 ✭✭Ashlinggnilsia


    Have you asked the council?


  • #3
    glenv
    Closed Accounts Posts: 1 ✭glenv


    I am having serious issues with rates myself and the arrogant attitude adopted by our rate collector which is putting my business under so much pressure I may have to cease trading. I am being pursued as a subsequent tenant for the previous tenant’s unpaid rates.

    Has anybody else had similar experiences?


  • #4
    Query01
    Closed Accounts Posts: 3 ✭Query01


    Thank you Ashlinggnilsia, I have contacted the local authority who have explained their version of the legal situation on this matter i.e. the liability moves from the tenant to the subsequent tenant and finally the landlord in that order.

    I also understand there is a 2 year period after which the subsequent tenant can no longer be held liable and the debt transferred back to the landlord.

    Does anyone know if this is the case?


  • #5
    Query01
    Closed Accounts Posts: 3 ✭Query01


    Sorry to hear your problems but it seems to be commonplace when it comes to rates. Perhaps we should get together and form an action group to try and counteract this problem. I know several companies who have ceased trading as a direct result of this unavoidable stealth tax.

    Any ideas people?


  • #6
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    glenv wrote: »
    I am having serious issues with rates myself and the arrogant attitude adopted by our rate collector which is putting my business under so much pressure I may have to cease trading. I am being pursued as a subsequent tenant for the previous tenant’s unpaid rates.

    Has anybody else had similar experiences?

    yes

    i told him that i couldn't be expected to pay the previous tenents rates and that he should chase the previous tenent

    then i paid my rates and that seemed to be the end of it

    i also explained that i'd be put outa business otherwise and that then he'd get nothing


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  • #7
    murphaph
    Registered Users, Registered Users 2 Posts: 19,049 ✭✭✭✭murphaph


    I'm a commercial landlord. My rate collector has told me that there is a way to have the debt wiped if a tenant allows huge arrears to build up. He didn't go into details but said timing was critical. Not sure what he meant but he's sound and has always been reasonable with me and with my father before. The system is a joke-a tenant should simply remain liable for their debt like any other debt and not ruin the place for future tenants/landlord. This is a really anti-business practice.

    I will be finding out more in the near/medium future from my rate collector as I have a tenant who I'm 100% sure is in arrears (and rent!) and I want to know what to do to to avoid passing this liability on to anyone, if at all possible. i'll post back here when I get the info if nobody finds out in the meantime.


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