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problem with our landlord

  • 07-02-2016 7:31pm
    #1
    heavymetalrock
    Registered Users, Registered Users 2 Posts: 122 ✭✭


    Hi all
    Need some advice please, here's what happen. Last Tuesday morning I had a summies land to the door when I was on my way to college. This lad that was dropping it off asked me did my landlord live here I told him no that me and my partner have been living here for the last 6 years and that my landlord lives in Galway. He was surpise I asked him what this was about and he told me that he hasn't been paying the mortgage on the house. ( we don't know for how long ) it said that he has a court appeals on the 7 March and I think the bank will take it off him . We have been trying to ring him even wrote him a letter and he won't answer. We rang the solicitor on the summies and he was surpise as well that we were living there. He thought no one was living here. He said that he has made no contact or attempt to pay the mortgage. And we ask him can he get the bank to get in contact with us because we want to know what will happen as we can't get in contact with the landlord. I have stop paying the rent as well. I'm very worried of being evicted as there are no places to rent in the area I'm living. Its such a kick in the teeth because I made that place really nice and payed the rent every week. I'm so angry 😠


Comments

  • #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Unfortunately the reality is that you will be evicted as the bank will want vacant possession prior to the eventual sale so it would be best to begin immediately searching for a new rental. Irrespective of your landlords problems, you still owe rent and should continue to pay, if you do not, you are in breach of your tenancy agreement and can be evicted.


  • #3
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Did you open something addressed to your landlord?


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    heavymetalrock wrote: »
    summies
    Summons? :)
    We rang the solicitor on the summies and he was surpise as well that we were living there.
    His surprise might or might not be true. This solicitor does not work for you. Get your own independent advice.
    I have stop paying the rent as well.
    This may cause you difficulties. Not paying your rent can get you evicted.
    I made that place really nice and payed the rent every week.
    What method have you been using to pay rent?


  • #5
    heavymetalrock
    Registered Users, Registered Users 2 Posts: 122 ✭✭heavymetalrock


    We were paying the rent into his bank account and there's no lease on the house when it ran out he never renew it for us. Problems with the house for the last 6 months that we wouldn't fix either.


  • #6
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    Don't pay the landlord, he may not own the place. Write to the landlord and the bank and advise them you are retaining the rent as a precaution until proper title is established to it.

    Why do this? So you have some shot at getting your deposit when the time comes (which it will do, soon). Better holding the money then looking for a refund.


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  • #7
    heavymetalrock
    Registered Users, Registered Users 2 Posts: 122 ✭✭heavymetalrock


    We wrote to him and did hear anything back . He won't answer his phone either and we have left lots of messages. I thought he would have got in contact when we didn't pay the rent.
    Was talking to citizens information and told us when the bank takes over. We will pay the rent to them and if they want us out they have to give us 6 months notice because we have longer notice because we have been living here longer.


  • #8
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    heavymetalrock wrote: »
    I have stop paying the rent as well. I'm very worried of being evicted as there are no places to rent in the area I'm living.
    If you don't pay your rent, if can start proceedings to evict you.

    If he's not paying the mortgage, he may be broke. If he's broke, he won't give you your deposit, so IMO you should save up a deposit, and move. If the bank take over the house, they may take your rent, but as they won't have your deposit (as the landlord is broke), you may not get anything off them when you leave.

    Be warned that should you stop paying rent, he may evict you, legal or otherwise.
    heavymetalrock wrote: »
    And we ask him can he get the bank to get in contact with us because we want to know what will happen as we can't get in contact with the landlord.
    if the bank tells you anything regarding his financial affairs, I'd say the landlord will be able to sue the bank for breach of data protection, so don't expect any sort of response.


  • #9
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Make sure you are transferring the rent to a separate account - you still have a lease (Part IV) with the landlord and he still has rights to evict you for non-payment of rent.

    When a receiver is appointed speak to them and see what they want to do. Until the receiver is appointed the rent is still due to be paid to the landlord. It's very likely the receiver will look for you to move out but if you cooperate and pay rent you should be given reasonable time to move.

    Once everything is settled and you've had the discussion with the landlord about deposit return, pay them from the separate account what you owe.
    heavymetalrock wrote: »
    We wrote to him and did hear anything back . He won't answer his phone either and we have left lots of messages. I thought he would have got in contact when we didn't pay the rent.
    Was talking to citizens information and told us when the bank takes over. We will pay the rent to them and if they want us out they have to give us 6 months notice because we have longer notice because we have been living here longer.

    Consider any notice period moot. Once a receiver is appointed they are supposed to adhere to them but breaching them is unenforceable against the receiver.


  • #10
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    MarkAnthony wrote: »
    Make sure you are transferring the rent to a separate account - you still have a lease (Part IV) with the landlord and he still has rights to evict you for non-payment of rent.
    The landlord has to serve a 14 day rent arrears notice and apply to the PRTb before you can be evicted. Most unlikely he will bother. keep the rent in a bank account of your own until you get a rent arrears notice and then pay it. You will not find the landlord to get a deposit back if the house is repossessed.
    MarkAnthony wrote: »
    When a receiver is appointed speak to them and see what they want to do. Until the receiver is appointed the rent is still due to be paid to the landlord. It's very likely the receiver will look for you to move out but if you cooperate and pay rent you should be given reasonable time to move.
    MarkAnthony wrote: »
    Once everything is settled and you've had the discussion with the landlord about deposit return, pay them from the separate account what you owe.
    MarkAnthony wrote: »
    Consider any notice period moot. Once a receiver is appointed they are supposed to adhere to them but breaching them is unenforceable against the receiver.
    There may not be a receiver appointed. It seems the bank are seeking possession in ignorance of the fact that there is a tenant. Now the bank know
    there is someone in the house you will have to be served with a summons and you will have the opportunity to go to Court and tell, your story. Handled correctly you could be living there for some time yet, but you will need expert legal advice from someone who really knows what they are doing.


  • #11
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    4ensic15 wrote: »
    The landlord has to serve a 14 day rent arrears notice and apply to the PRTb before you can be evicted. Most unlikely he will bother. keep the rent in a bank account of your own until you get a rent arrears notice and then pay it. You will not find the landlord to get a deposit back if the house is repossessed.

    OP keep the money separate, it's too easy to spend money left in your current account.
    4ensic15 wrote: »
    There may not be a receiver appointed. It seems the bank are seeking possession in ignorance of the fact that there is a tenant. Now the bank know
    there is someone in the house you will have to be served with a summons and you will have the opportunity to go to Court and tell, your story. Handled correctly you could be living there for some time yet, but you will need expert legal advice from someone who really knows what they are doing.

    I wouldn't take this line OP. Engaging your own legal advisor is going to be expensive, use the local free services and get out of dodge as soon as possible with your deposit etc in tact by withholding and paying the money into a separate account.

    You're unlikely to be out in the short term but either way you're eventually going to have the stress of moving, no point in compounding that stress by trying to stay put for as long as possible.


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  • #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    MarkAnthony wrote: »
    Make sure you are transferring the rent to a separate account - you still have a lease (Part IV) with the landlord and he still has rights to evict you for non-payment of rent.

    When a receiver is appointed speak to them and see what they want to do. Until the receiver is appointed the rent is still due to be paid to the landlord. It's very likely the receiver will look for you to move out but if you cooperate and pay rent you should be given reasonable time to move.

    Once everything is settled and you've had the discussion with the landlord about deposit return, pay them from the separate account what you owe.



    Consider any notice period moot. Once a receiver is appointed they are supposed to adhere to them but breaching them is unenforceable against the receiver.

    Heed Mark Anthony's advice- stark as it is- its entirely true.
    I'd also emphasise- keep the rent money separate- you are instantly in breach of any lease (Part IV or otherwise) if you fail to pay your monthly rent.

    I'd also be hesitant to rely on Threshold etc- as the information they can give- often is completely arbitrary- and on occasion, is clearly in breach of the 2004 RTA Act- on which you are going to have to rely.

    By the way- its a Summons.

    In addition- did you open it- how did you find out the name of the solicitor in it? Its a very serious offence to open a summons addressed to another person.


  • #13
    Lantus
    Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    No contact from your landlord is a bit of a worry. Not paying the mortgage is a sign he's potentially in financial trouble.

    Until a bank does take possession your legal obligations are to your landlord. If you pay into his bank account he may well notice quick enough. Your probably right to stop rent but I would keep this all separate just in case. Eviction proceedings are expensive and long term for a landlord. Given his predicament it is extremely unlikely he will invest a single penny in a property that he will soon be losing. Or become high profile enough to be found so easily by solicitors etc. He'd need to register with ptsb, pay back fees and appoint his own solicitor at significant cost to himself.

    The bank, once they do take possession can start eviction asap and just toss you out. Receivers are not bound by any law designed to protect people or you. The new laws for example won't help because legally the bank is not a landlord.

    Tenants are an annoyance to the bank basically. They may 'accommodate' you short term but in a rising house market they will be keen to sell, as vacant possession.

    I'd start looking for somewhere else, learn the rules of the game and play it to your advantage. Don't take any rubbish from them. Have an emergency escape plan like family if possible. However, the process for the bank to take possession can also be protracted so you may fall between the two while this happens.

    If the bank don't know what you were paying for rent then use this to your advantage. Alter pay amounts dates etc as you please. Don't tell them you stopped paying rent to the ll. Play the victim.

    If the ll calls tell him you've been told to start paying all rent to the receiver. Its unlikely he will start calling them to demand his money back.

    In all the confusion play each side against each other and promise to cooperate at all times. Yes its shocking this has happened. Yes of course we are good tenants. We want to understand what has happened as much as you. Look shocked when rent has not been paid...

    Prepare for plan b from here on in.


  • #14
    gaius c
    Registered Users, Registered Users 2 Posts: 3,528 ✭✭✭gaius c


    Put the rent into a separate account. Once he sees the money not coming in anymore, he'll probably be in touch quickly enough.
    You need to pay rent but in these circumstances, I see no problem with setting it aside to get him to contact you.


  • #15
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    gaius c wrote: »
    Put the rent into a separate account. Once he sees the money not coming in anymore, he'll probably be in touch quickly enough.
    You need to pay rent but in these circumstances, I see no problem with setting it aside to get him to contact you.

    The o/p has stated that he has already stopped paying the rent. the bank won't know this so they will not serve a notice in respect of the rent. The bank may not know when the tenancy started or how much the rent is. If the o/p is properly advised he could string the process out for a very long time. The PRTB website has a number of cases in its dispute outcomes section which involved receivers so it is not true to say that no laws apply to them.


  • #16
    gaius c
    Registered Users, Registered Users 2 Posts: 3,528 ✭✭✭gaius c


    4ensic15 wrote: »
    The o/p has stated that he has already stopped paying the rent. the bank won't know this so they will not serve a notice in respect of the rent. The bank may not know when the tenancy started or how much the rent is. If the o/p is properly advised he could string the process out for a very long time. The PRTB website has a number of cases in its dispute outcomes section which involved receivers so it is not true to say that no laws apply to them.

    I think you're responding to the wrong person or post.


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