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Commerical tenant landlord advice

  • 26-01-2010 7:16pm
    #1
    Closed Accounts Posts: 22


    I own a property (with ground rent to an english landlord)

    there seems to have been a mix up somewhere, as in when the first review was up landlord looked from full open market rent on the property.

    Anyway to fight this I need to know in order to evict me does landlord need to prove he owns the building?

    Cheers


Comments

  • Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    without straying onto the territory of advising you, which this forum can not do, in order to exercise any right over property, who ever would be moving the application ( ie eviction, possession, repossession etc), one of the fundamental proofs that would be on the affidavit (which swears all elements of the claim) would be that Mr or Ms/Mrs X either owns the property outright or that they have good title or are acting as a duly authorised agent etc

    so yes. But a PRA cert or Land Registry folio would be sufficient once their name was on it.

    If you are in any doubt, go see a solicitor to clarify your own position. There are numerous clauses and subclauses with landlord and tenant law. And there are myriads of exceptions to the general rules of land and conveyancing law so tread carefully. If you're paying rent then it shows that whoever is receiving the money is in some form of control over the property.


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Legal advice not allowed,

    Boards.ie would not like to be sued for you getting bad advice off the internet as opposed to going to a qualified, insured professional.

    Will lock this thread when I get to a computer.

    One thing you can mention to your solicitor is that a 'ground rent' (within the meaning of the land lord act, can not include a rent which is subject to a rent review)

    Perhaps you have an ordinary lease with a rent review clause (in which case id be very surprised at it being reviewed upwards in the current market)


  • Closed Accounts Posts: 22 sweeney555


    Cheers for the comments,

    I was not looking for advice, just someone else to air their opinion...

    I will be meeting solicitor in morning

    Thanks


This discussion has been closed.
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