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Landlord in arrears

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    #32
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Claw Hammer wrote: »
    ???.
    Residential tenancies Act 2004.

    “landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy;

    The receiver does not receive the rent as agent for the landlord since the landlord has no control over him. If the landlord asks for the rent and is told he is not entitled to it, then some other person must be the landlord.

    http://www.irishstatutebook.ie/2009/en/act/pub/0027/sec0108.html#sec108

    You can't read one piece of legislation in isolation and without reference to common law and equity. Basically that's a more complex way of stating exactly what The_Morrigan has above.

    I'm not trying to provide legal advice simply have the discussion, perhaps this is best kept to the Legal Discussions forum as people are probably more likely to go off half cocked here as it's, understandably, an emotive time when one is potentially losing their home.


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    #33
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Pawwed Rig wrote: »
    You are confusing a receiver with a liquidator. A receiver has no contract with the tenant at all

    Sorry to correct but this one may confuse anyone reading the thread. Generally there is no provision for appointment of a liquidator in these situations. A receiver would have quite a bit of contact with the tenant as they take over everything to do with collection or rent.


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    #34
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,355 CMod ✭✭✭✭Pawwed Rig


    contRact


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    #35
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Pawwed Rig wrote: »
    contRact

    Ah I see, that however flows from the agency relationship.


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    #36
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    MarkAnthony wrote: »
    Ah I see, that however flows from the agency relationship.

    MA please don't get into a discussion on agency law - I don't think anyone needs that, I'm already having flashbacks to lectures & exams here!


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    #37
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    The_Morrigan wrote: »
    MA please don't get into a discussion on agency law - I don't think anyone needs that, I'm already having flashbacks to lectures & exams here!

    My apologies, it's an interesting topic IMO as it's a legislative cock up that needs to be address, but in fairness no one saw coming. You're right though here is not the place for it.


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    #38
    SpaceTime
    Closed Accounts Posts: 9,088 ✭✭✭SpaceTime


    In a situation like this where keys, parking etc are being denied by the management company, would the tenant have grounds to terminate the lease early and move?


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    #39
    jd
    Registered Users Posts: 5,690 ✭✭✭jd


    BeatNikDub wrote: »
    I have to say on this that the receivers have been great. They have been helpful, communicative, understanding and dare I say it human. .

    It's easy to be smiley and friendly, but if they paid the service charge you wouldn't have a problem.


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    #40
    the_syco
    Registered Users Posts: 37,297 ✭✭✭✭the_syco


    jd wrote: »
    It's easy to be smiley and friendly, but if they paid the service charge you wouldn't have a problem.
    I'm pretty sure that's the landlord obligations?
    BeatNikDub wrote: »
    however the apartment is in receivership to be sold
    The deposit is with the landlord, so remember this when you're moving out, as you'll be down money. You may try getting this from the landlord before you move out, however?


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    #41
    jd
    Registered Users Posts: 5,690 ✭✭✭jd


    the_syco wrote: »
    I'm pretty sure that's the landlord obligations?

    Sure, but he probably doesn't have any money and the receiver is getting the rent.

    OMCs have to play hardball and keep on top of receivers otherwise they'll be f*cked over.


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    #42
    the_syco
    Registered Users Posts: 37,297 ✭✭✭✭the_syco


    jd wrote: »
    Sure, but he probably doesn't have any money and the receiver is getting the rent.
    Yes and yes. The OP should check if any maintenance fees are being paid, as I doubt it. And if not, the OP should negotiate an early release from the lease.

    From past threads, the OP will not get a deposit from the receivers, so I wonder will a PTRB case against the landlord for non-return of the deposit when the OP leaves actually get them anything, as the deposit often seems to turn into a "pass the buck" game, where the only loser is the OP?


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    #43
    BeatNikDub
    Closed Accounts Posts: 603 ✭✭✭BeatNikDub


    the_syco wrote: »
    I'm pretty sure that's the landlord obligations?


    The deposit is with the landlord, so remember this when you're moving out, as you'll be down money. You may try getting this from the landlord before you move out, however?


    Actually, we have it in writing from the receiver that the bank will now honour our deposit.


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    #44
    the_syco
    Registered Users Posts: 37,297 ✭✭✭✭the_syco


    BeatNikDub wrote: »
    Actually, we have it in writing from the receiver that the bank will now honour our deposit.
    That's very cool. Hope it's something that more banks decide to do; shall make moving on a lot easier for many people.


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    #45
    BeatNikDub
    Closed Accounts Posts: 603 ✭✭✭BeatNikDub


    Indeed, we didn't expect it tbh and although our landlord had said she would verbally she hasn't followed through with anything, therefore we know she just isn't a position to and although means well it is just too risky to depend on it.
    We agreed to allow valuers in and be flexible with viewings for a few things in return and it all worked out for each party then.


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