Rented apartment up for repossession by bank

axer

Hi all,

A guy came to my apartment yesterday claiming to be from a solicitor with a summons for my landlord. According to him the landlord's bank is looking to repossess the apartment. He said he was letting all the tennants know which I assume means he is preparing to show the courts that they tried to contact the landlord at every property that he owns.

I know it has nothing to do with me but I was very suspicious of some stranger calling to the door asking for the names of the tennants. At first I thought it was the tv license inspector but the guy seemed to have documents from the High Court (but anyone could claim that).

The court date is not for another 5/6 months but the guy said they cannot get the landlord as he seems to have gone to the UK. He also said that it would take a couple of months after that again before anyone shows up to do anything about the apartment.

I have a few questions that maybe someone might know the answer to or know where I can get the answer:
1. Should I continue to pay rent exactly as i have been doing?
2. Is it normal practice for someone to show up like that?
3. Should I be deducting the 20% from the rent for tax reasons if the landlord is no longer in Ireland?
4. Should I be contacting anybody?
5. What normally happens when the bank repossess? Do they hire a property management firm and continue as before or do they sell straight away?

Thanks for any help/advice.

stepbar

I'd be more concerned about not being able to contact your landlord.

I would imagine that (as you have said) they have tried to contact the landlord at every property he owns without luck.

I think you need to engage the services of a solicitor.

Ste.phen

axer wrote: »

I have a few questions that maybe someone might know the answer to or know where I can get the answer:
1. Should I continue to pay rent exactly as i have been doing?

I think so, yes (though if/when the bank actually take ownership of the place, then it's the bank you'll have to send the money to)
It might be worth witholding the rent, but *saving* it so you can pay it to the landlord or bank as appropriate once you figure out what's going on with the landlord.

2. Is it normal practice for someone to show up like that?

I don't think it's *common*, but we had a call to the door from someone in one of hte major banks looking to track one of our former housemates for an unpaid debt, so i guess they do have people who do these house calls

3. Should I be deducting the 20% from the rent for tax reasons if the landlord is no longer in Ireland?

I think you should ask Revenue this, they should be able to advise.
Tell them you:
* Don't know where the landlord is
* Have reason to believe he may be out of the jurisdiction (explain about the bank person and what they said)
* Don't know whether you should withold or not

This is seperate to point 1, by the way, as if revenue decide that the 20% should be withheld, it will cover any time up to the point where the bank takes over?

4. Should I be contacting anybody?

landlord if possible, revenue, and maybe threshold who can advise what will happen to your tenancy if the house is repossessed. I suspect it's basically left intact, but with a possible headache for you in tracking down whoever's supposed to deal with ongoing maintenance and administration of the property.

5. What normally happens when the bank repossess? Do they hire a property management firm and continue as before or do they sell straight away?

Thanks for any help/advice.

No idea on that one apart from what I've said above
sorry, hope it works out

Jo King

If anybody comes to you claiming to be a solicitor, get their name and the name and address of the firm. Get the phone number from the Golden pages and ring them and check that the person who called is who they say they are.
When a repossession case goes to court the judge will want to know who is living at the property. Most likely it will be ordered that everybody resident at the house be served with papers. Each tenant will be entitled to have an input into the court process. If the repossession order would affect a tenant the court may direct arrangements be made. e.g. a stay on the order for a time or until the tenant secures alternative accommodation. If a tenant was due to sit exams the court would not force them to move until the exams were over.

Victor

Realise that you probably have no obligation to anyone except your landlord and any flatmates. You don't even have to give them your name, short of a court order. Demand ID.

axer wrote: »

1. Should I continue to pay rent exactly as i have been doing?

Yes, subject to the following.

axer wrote: »

2. Is it normal practice for someone to show up like that?

I imagine is such a situation, any bank will make any efforts possible to contact the landlord / owner.

axer wrote: »

3. Should I be deducting the 20% from the rent for tax reasons if the landlord is no longer in Ireland?
4. Should I be contacting anybody?

Talk to your landlord. If you can't contact the landlord and you pay the rent direct to the landlord, then talk to Revenue and see what you need to do. If you pay rent to an agent (in Ireland), you don't need to deduct the 20% - the agent is responsible for the deduction.

axer wrote: »

5. What normally happens when the bank repossess? Do they hire a property management firm and continue as before or do they sell straight away?

Banks normally like to offload properties quite quickly, but they will still need to give reasonable notice to tenants.

yogy

I have a work mate in a somewhat similiar situation, i.e. landlord was uncontactable.
He needed various small matters seen to in the apartment he shared. LL didn't answer his phone. He was believed to own several apts around the area.

The tenants decided amongst themselves to stop paying rent in order for the landlord to realise something was wrong in order to get in touch with them..

Long story short, they've been living rent free since last January!