Landlord Receivership > Deposit?

turniton

Hi,
i have just been told the Bank appointed a new Agency for the collection of the rent.

We are trying to buy a house and hopefully we are moving out soon ..

haven't got an anwer yet about the security deposit we ve paid nealry 6 years ago
(and since then rent has been paid on time and Apt looked after very well)

Is the only option give notice to the new agent and ask them to use the security deposit as rent?

thanks

_Kaiser_

turniton wrote: »

Is the only option give notice to the new agent and ask them to use the security deposit as rent?

Nooo.. you can't do that! (at least that's what you'll be told here soon enough)

Normally I'd also agree with that sentiment, but the reality is likely that you'll be left swinging for it. Your landlord (who has the deposit) is broke and therefore will likely say they don't have it to give. The bank will see it as not their problem, and their agent won't give a toss either way. Have a browse through the last few pages here as there's a lot of the threads lately but that seems to be the common outcome

My views on the tenancy/landlord situation in this country are something I've said here before - short version: it's the wild west and you're lucky if you get a decent one (landlord or tenant) rather than it being expected/the norm, ESPECIALLY when it comes to deposits! Until renting is treated as a professional service by ALL sides concerned and not seen as just a stepping-stone to ownership or the poor man's choice, it'll continue to be cowboy country though!

So that said, I know what I'd do here as reality > technicalities IMO

turniton

thanks Kaiser2000,
I m a decent and more important honest person, and things like this really make me mad.. where I ve no fault and still have to pay the consequences... this is the world we are living...

1 thing for sure, I m not giving up without a good fight..

turniton

Found this anyway, from .citizensinformation.ie , which does not help much

Private tenancies and receivership

If the mortgage on the dwelling is in arrears and the mortgage lender has appointed a receiver, your tenants must pay the rent to the receiver, but you remain legally responsible for matters such as returning the tenants’ deposits. The receiver may arrange for repairs to be carried out, but it is unclear whether the receiver is required to do this or whether the receiver takes on any of the responsibilities of a landlord.

Possible changes to the law are being explored in order to provide more clarity in such cases.

Read more in the Irish Banking Federation’s Residential Tenant’s Guide to Receivership and in Threshold’s advice on the appointment of receivers.

Chris_5339762

Technically illegal (unlikely to be chased though) and officially discouraged on boards, this is the only situation where I would say that a discerning tenant should consider using their deposit as the last months rent. Probably not worth fighting... you simply won't get it back if you do things the proper way.

The_Conductor

Legally your deposit ranks you as a creditor of your landlord.
I will not advocate any illegality- but I will simply draw your attention to the fact that you are an unsecured creditor, and come what may, are unlikely to legitimately be handed the deposit back by the original landlord.

We need a deposit lodgement agency in this country (but we also need to set deposits at reasonable realistic levels).

womandriver

We're in same situation, in an apartment in receivership. We queried the status of our deposit with the agent appointed by the receiver. She told us she'd raise the issue with receiver. Long story short, didn't get a response after a month. Last week we get a call from agent wanting to do viewing with potential buyer.

We said no viewings until we had a decision on the deposit and low and behold she tells us that receiver has agreed to give us the deposit or we could use it as final months rent.

Funny she never bothered to tell us this till we dug our heels in re.the viewings.

Ask receiver if they will pay it ( I know they're not obliged to before people point that out) but if you don't ask, you definitely won't get it back. Also use the fact they'll want your co-operation for viewings etc. to your advantage.

Greenmachine

womandriver wrote: »

We're in same situation, in an apartment in receivership. We queried the status of our deposit with the agent appointed by the receiver. She told us she'd raise the issue with receiver. Long story short, didn't get a response after a month. Last week we get a call from agent wanting to do viewing with potential buyer.

We said no viewings until we had a decision on the deposit and low and behold she tells us that receiver has agreed to give us the deposit or we could use it as final months rent.

Funny she never bothered to tell us this till we dug our heels in re.the viewings.

Ask receiver if they will pay it ( I know they're not obliged to before people point that out) but if you don't ask, you definitely won't get it back. Also use the fact they'll want your co-operation for viewings etc. to your advantage.

Push them as far as you can in that case. Agree to use the deposit but refuse them admittance to the property until you have vacated it.

womandriver

Greenmachine wrote: »

Push them as far as you can in that case. Agree to use the deposit but refuse them admittance to the property until you have vacated it.

Well we're not intending to vacate as we're in a fixed term lease and they have said the buyer is an investor who is happy to have tenants in situ. We just want the deposit sorted before change in ownership. So we'll be happy enough to have them pay up and start afresh with new owners. We won't accommodate viewings either way until we have been repaid or we have it in writing re. Final months rent.