Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Tenant rights when bank takes possession

Options
  • 07-01-2015 1:23am
    #1
    Baralis1
    Registered Users Posts: 350 ✭✭


    Quick question.
    If a tenant is renting a property and has a lease with the landlord etc. If the bank decides to repossess the property due to non-payment of mortgage, can the bank take possession of the house and kick the tenant out or do they have to go through the full process of notice period, PTRB judgement and court order?
    In this case the tenent doesn't believe that they are registered with PTRB and the bank most likely doesn't know that the property is being rented out.


Comments

  • Options
    #2
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    They can skip the PRTB portion and go straight to the courts.
    If you do a search on the forum you'll find previous threads on this and I know I posted and link to a guide from the banking federation in relation to a receiver being appointed.
    I'm on mobile now so can't link to it.

    There are different types of receiver too, so it all comes down to individual cases.


  • Options
    #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,479 Mod ✭✭✭✭johnnyskeleton


    http://www.irishstatutebook.ie/2009/en/act/pub/0027/sec0112.html#sec112

    Not registered with PRTB rings alarm bells!


  • Options
    #4
    Baralis1
    Registered Users Posts: 350 ✭✭Baralis1


    Thanks guys. So the lease is null and void if the bank appoints a receivor and can prove that the tenant knew of the mortgage?

    Also, what if the bank moves to reposess and goes through the courts to get a court order for eviction without knowing the tenant is there. Is it a possible that the tenant could unknowingly keep paying rent to the landlord without knowing that any of this process is taking place until the day the bailiffs arrive to evict?


  • Options
    #5
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Baralis1 wrote: »
    Thanks guys. So the lease is null and void if the bank appoints a receivor and can prove that the tenant knew of the mortgage?

    Also, what if the bank moves to reposess and goes through the courts to get a court order for eviction without knowing the tenant is there. Is it a possible that the tenant could unknowingly keep paying rent to the landlord without knowing that any of this process is taking place until the day the bailiffs arrive to evict?

    The tenant doesn't need to know about the mortgage.

    The appointment of a receiver does not necessarily mean repossession is imminent.

    Is this something you are dealing with?


  • Options
    #6
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    Surely if there's a fixed lease in effect it has to be honored or at least amicably terminated by both parties. I can understand a Part IV tenancy being rushed through termination but a lease is a legally binding agreement.

    You can't give a notice period to terminate a lease, the lease is for however long the lease states (unless there are break clauses).


  • Advertisement
Advertisement