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  • 15-10-2013 11:28pm
    #1
    info13
    Registered Users Posts: 168 ✭✭


    Hi All,

    I have been renting a house for the past 4years my landlord arrives today and says his calculations over time that we are missing about 7,000euro in payments over the years he is now looking for the money back all of it.

    He is not registered with the PRTB and also we have no lease for the past 3years out of the 4 as he never bothered to renew it...

    Can he really chase us for this money after all this time especially springing it on us like that where we have missed payments over time should he not have notified us of it a long time before??


    advice is needed asap.....


    thanks


«1345

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    #2
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    Have you left him short 7,000? That's seems like quite a large amount that might be noticed...


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    #3
    info13
    Registered Users Posts: 168 ✭✭info13


    yes over the years but only he is bringing it to light now... what to do? can he take this back??


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    #4
    info13
    Registered Users Posts: 168 ✭✭info13


    also no way we could afford to pay him back now at this stage


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    #5
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    I'm guessing your rent is payable weekly but you've been paying 4 weeks rent once a month? That would leave the landlord short 4 weeks a year??

    Not having a lease doesn't really mean anything in that you would automatically have been on a Part IV tenancy. You do need to check your original contract, if you still have it to see what it says about rent due?


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    #6
    info13
    Registered Users Posts: 168 ✭✭info13


    yeah we pay weekly and a few payments which we have missed maybe also on top of that. what if we just have to move out can he come after us for the arrears?? not sure why he let it go on so long without seen it as alot the payments were genuine missed from us.


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    #7
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    The first thing Id be looking for is a detailed calculation and breakdown as to how he reached that figure. The next thing Id be looking for is for him to backup his figures.


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    #8
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    info13 wrote: »
    yeah we pay weekly and a few payments which we have missed maybe also on top of that. what if we just have to move out can he come after us for the arrears?? not sure why he let it go on so long without seen it as alot the payments were genuine missed from us.

    Of course he can pursue you for the money owed, especially if there are missed rent payments.


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    #9
    info13
    Registered Users Posts: 168 ✭✭info13


    he showed us bank details and the dates of payments missing not sure what to do for sure cant afford to pay him back


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    #10
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    If he takes a case against you with the PRTB and fully pursues you for the money (and for that amount he absolutely will) then it will buy you some time, as it will probably take a year or so to get a judgement against you.

    If there is no doubt that the money is owed then the best thing to do is probably see if you can come to some sort of an arrangement and possibly a payment plan. If you cant pay the full amount then chasing you is going to ultimately be a fruitless endeavour, so from the landlords point of view it would be better for them to get something out of you to cover the arrears.


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    #11
    info13
    Registered Users Posts: 168 ✭✭info13


    can he still go to the PRTB if he has never registered us with them??


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    #12
    banbhaaifric
    Registered Users Posts: 245 ✭✭banbhaaifric


    Just to clarify, your rent is due each week but you've been paying it once a month (with the landlord's agreement). But each month you've paid 4 weeks rent instead of a months rent. And you've also missed a few months over the years?

    I can see where confusion arises with the weekly/monthly thing - but I don't really get the missed payments. Did you just think he was going to let them go?

    As athtrasna says, your first thing should be to check the original lease. At the very least though you owe the missed payments.


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    #13
    info13
    Registered Users Posts: 168 ✭✭info13


    no never thought he would let them go or something just were genuine missed payments over time which i didnt keep closer eye on things


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    #14
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    info13 wrote: »
    can he still go to the PRTB if he has never registered us with them??

    Hell probably be made pay arrears to register (there is also the outside chance of a fine) but I imagine for the amount of money in question he will take that chance.


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    #15
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    info13 wrote: »
    no never thought he would let them go or something just were genuine missed payments over time which i didnt keep closer eye on things

    Genuine missed payments? Come on, thats not exactly going to cut it as an excuse.

    The weekly/monthly payments is a mess and an easy trap to fall into. If a landlord wants rent paid weekly then it really should be collected weekly. If its collected once a month then they need to come up with a monthly figure.


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    #16
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    djimi wrote: »
    Genuine missed payments? Come on, thats not exactly going to cut it as an excuse.

    The weekly/monthly payments is a mess and an easy trap to fall into. If a landlord wants rent paid weekly then it really should be collected weekly. If its collected once a month then they need to come up with a monthly figure.

    OP said they pay weekly, I'm a bit confused?!


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    #17
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    dearg lady wrote: »
    OP said they pay weekly, I'm a bit confused?!

    Youre right, sorry.

    Must have been a hell of a lot of missed payments so to rack up €7000 of arrears...


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    #18
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    djimi wrote: »
    Youre right, sorry.

    Must have been a hell of a lot of missed payments so to rack up €7000 of arrears...

    Agreed!
    As others have said OP, I'd say you best bet is to try reach a payment plan with the landlord.


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    #19
    ted1
    Registered Users Posts: 23,284 ✭✭✭✭ted1


    info13 wrote: »
    yeah we pay weekly and a few payments which we have missed maybe also on top of that. what if we just have to move out can he come after us for the arrears?? not sure why he let it go on so long without seen it as alot the payments were genuine missed from us.
    A few payments ? At 7k your taking the piss, pay the man what you owe


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    #20
    info13
    Registered Users Posts: 168 ✭✭info13


    What if I just leave?


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    #21
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    info13 wrote: »
    What if I just leave?
    He can still take a case against you. He was very foolish not to have kept a closer eye on his account to ensure you were up to date with rent, but equally it was your responsibility to pay your rent in full and on time. This is a clear cut case. The PRTB will find against you and you will have to pay. Far better to reach some sort of agreement with him now to pay over time.


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    #22
    wirelessdude01
    Registered Users Posts: 8,417 ✭✭✭wirelessdude01


    Gonna guess you missed a payment once and when the LL didn't bring it up you thought to yourself that we can get away with this every once in a while. 7k in missed payments over a 4 year period is a lot of rent. 1.75k each year. Even if you take out the 4 weeks per year as outlined above at an average rent of lets say 150 per week that still leave well over a grand extra per year that you just didn't bother paying. Of course the LL has every right to expect payment.


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    #23
    ted1
    Registered Users Posts: 23,284 ✭✭✭✭ted1


    info13 wrote: »
    What if I just leave?

    Do you like broken legs?


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    #24
    murphaph
    Registered Users Posts: 19,018 ✭✭✭✭murphaph


    OP: You have clearly not "accidentally" forgotten to pay 7k over 4 years (if that is the correct figure and you don't seem to be disputing it at all). You've been intentionally paying less than you agreed to. This is more or less theft. The LL had his eye off the ball (but I don't know his circumstances, perhaps he was ill or looking after a sick family member and trusted his tenants to pay their dues).

    Go talk to Threshold and see what they say.


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    #25
    Ray Palmer
    Registered Users Posts: 8,359 ✭✭✭Ray Palmer


    In fairness a 7k loan without interest is a great deal. You are lucky the LL doesn't charge you interest.

    The LL mistake in letting it slide but the tenant also has responsibility to insure they pay what they owe too. It is hard to believe that both parties were completely unaware.

    It has happened to me that I missed some invoices being paid and it is easy to do with lots of transactions going on.


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    #26
    zl1whqvjs75cdy
    Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    That's a lot of money to rack up in 4 years. I pay 11400 a year for rent (950 a month). 7k is more than half a years rent so in four years you missed half a years worth of payments? That's a lot. I realize that is based on my figures but I live in your average 2 bed appt in commuter belt so our situations could be comparable.


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    #27
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    info13 wrote: »
    also no way we could afford to pay him back now at this stage
    Not his problem. Get a loan.


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    #28
    info13
    Registered Users Posts: 168 ✭✭info13


    No Pants wrote: »
    Not his problem. Get a loan.

    Well is his problem pretty much too


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    #29
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    You own you pay.


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    #30
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    info13 wrote: »
    Well is his problem pretty much too

    Youre the one who will ultimately end up with a judgement against you to pay the outstanding money.


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    #31
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    info13 wrote: »
    Well is his problem pretty much too
    No, it's not his problem. He's fulfilled his side of the contract, which is to put a roof over your head. You haven't paid the agreed amount.

    On top of this, your responses on this thread are disappointing, "I can't afford it", what happens if I leave?" etc.


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