Landlord Unreachable for almost a year

jonathan11

I have a friend in a situation where the landlord is not contactable for almost a year. The landlords bank account is not working and the money bounces back. They have made attempts to contact the landlord and get a working bank account but no success. This may seem like an ideal situation, however the tenants are not happy because they have an uncertain future in the property. They payed apartment maintenance costs (as ordered by a judge) / looked after general upkeep since then.

My question is, if the landlord is to reappear what is the legal requirement regarding the back rent? They have done their due diligence in trying to pay the rent monthly. Others might disagree, but I feel its unfair to stockpile large sums of cash until such time as the landlord is able to accept it in a bank account.

This case is a little unusual and I've been unable to find similar ones online. Would be very interested to hear about the renters legal obligations if anyone has insights.

Thanks!

Uriel.

jonathan11 wrote: »

I have a friend in a situation where the landlord is not contactable for almost a year. The landlords bank account is not working and the money bounces back. They have made attempts to contact the landlord and get a working bank account but no success. This may seem like an ideal situation, however the tenants are not happy because they have an uncertain future in the property. They payed apartment maintenance costs (as ordered by a judge) / looked after general upkeep since then.

My question is, if the landlord is to reappear what is the legal requirement regarding the back rent? They have done their due diligence in trying to pay the rent monthly. Others might disagree, but I feel its unfair to stockpile large sums of cash until such time as the landlord is able to accept it in a bank account.

This case is a little unusual and I've been unable to find similar ones online. Would be very interested to hear about the renters legal obligations if anyone has insights.

Thanks!

I am not sure why it would be difficult to put the rent away in a savings account (such as a notice account)? It would seem like a reasonable and sensible thing to do while there is uncertainty - it's not as if they'd miss the money. At least they'll be covered if there is some suggestion or move towards recovery of back rent? It would obviously be a bonus if the said rent is not pursued.

At some point the Landlord or a reposseing bank is going to be in contact possibly seeking vacation of the property.

Dr_Bill

If the tenant transfers the money to the nominated bank account and it bounces back & reasonable efforts have been made to contact the landlord it would be naive to think that well the rent is "paid" its not.

The money should be held in a separate account so it shows that the intention to pay the rent is there. If that hasn't happened they by all accounts the landlord or bank will seek the rent owed as per the rental agreement.

Michael D Not Higgins

jonathan11 wrote: »

They payed apartment maintenance costs (as ordered by a judge) / looked after general upkeep since then.

As others have said, the rent will still need to be paid eventually.

However, I'd like to ask about this. What maintenance costs and how did a judge get involved? Certainly anything that is within the remit of the landlord should be documented and any receipts kept so the cost can be gotten from the landlord again.

The_Conductor

jonathan11- the rent continues to be due in full- and should be kept separately ready to hand over as and when it is sought.
If the landlord were to turn up tomorrow (or whenever) they could seek the entire sum- and it would be due.

Of more concern- what has happened to the landlord- are they seriously ill, or worse?

Also- what happened to precipitate a judge getting involved and instructing the tenants to pay maintenance for the property?

One way or another- the rent *has* to be ringfenced- and is due in full, once it is sought. There is no such thing as a free lunch.........

Graham

jonathan11 wrote: »

Others might disagree, but I feel its unfair to stockpile large sums of cash until such time as the landlord is able to accept it in a bank account.

Why do you think it's unfair?

jonathan11

Thanks everyone for the input, this information is very useful.
If you don't mind, I'll avoid commenting on the specifics of the case.

jonathan11

@Graham
As a landlord myself, I would not expect my tenants to keep this money aside if I was unreachable for one year.
However what I think/expect is not important, what I'm interested in is the legal requirement/standing.
Thanks

Baby01032012

jonathan11 wrote: »

@Graham
As a landlord myself, I would not expect my tenants to keep this money aside if I was unreachable for one year.
However what I think/expect is not important, what I'm interested in is the legal requirement/standing.
Thanks

As a landlord, say for instance, you were struck down by some debilitating illness and you ended up in hospital for a year, when you finally and thankfully recovered you discover that for some reason your tenant was unable to lodge their monthly rent to your account. At this stage you're facing a huge hospital bill, also as there was insufficient funds in your account your mortgage has gone unpaid and has built up arrears.
You turn to your tenant to recoup the rent that although they couldn't lodge are still contractually liable for - you discover that they thought it unfair to keep this money aside and spent it. You have serious mortgage arrears, medical bills and no rental income for past year - but as you said that's ok because you were uncontactable?

Uriel.

jonathan11 wrote: »

@Graham
As a landlord myself, I would not expect my tenants to keep this money aside if I was unreachable for one year.
However what I think/expect is not important, what I'm interested in is the legal requirement/standing.
Thanks

A tenant is obliged to pay their rent.

Carlos Orange

Graham wrote: »

Why do you think it's unfair?

Unfair isn't the right word but I can see how it could be a burden of types. Obviously offset by the fact rent will never be raised and may never be collected. If someone doesn't want the burden then they can always move.

I'm buying a leasehold house and I think the rent that can be asked for is limited to 6 years. I wonder if this would also apply in this situation?

Mrs OBumble

jonathan11 wrote: »

@Graham
As a landlord myself, I would not expect my tenants to keep this money aside if I was unreachable for one year.
However what I think/expect is not important, what I'm interested in is the legal requirement/standing.
Thanks

But if you were dead (which actually seems like a possible scenario in this case - why else would a bank account be closed if there was money regularly being put into it) the executor of your will most likely would expect this.

OP, as well as keeping the cash, your friend should ensure they keep receipts for all maintenance they pay for.

CIARAN_BOYLE

While the money is due I would expect that the landlord would not be able to demand the money immediately. After not being contactable for a year he would need to be reasonable in demanding payment. Tell your friend to put it in a 30 day notice savings accounts.

At same time your friend cannot contact the landlord to maintain the property or authorise deductions from the rent to cover maintenance. Also the person your friend believes the landlord to be could going through bankruptcy and the bank accounts could have been closed.

Tell your friend to be very careful before paying the rent. Although I am unsure what proof's the landlord can offer that the house has not been seized.

Thud

Had a friend in a similar situation, the landlord was bankrupt, the bank was trying to repossess the house, it was tied up in the courts and the landlord wasn't co-operating and wasn't bothering to collect rent.
Friend ended up having to pay some of the rent but not all as the landlord hadn't been keeping the best records of what had been paid at that stage

PhoenixParker

I'd suggest putting the rent, minus any maintenance costs, into a notice account in the renters own name.
Carefully document all maintenance costs with receipts, notes about what they're for and where applicable photos.

If it's ever needed at least it's there, and if it's not then your friend has a lovely savings account to blow on whatever their heart desires.

newacc2015

Michael D Not Higgins wrote: »

As others have said, the rent will still need to be paid eventually.

However, I'd like to ask about this. What maintenance costs and how did a judge get involved? Certainly anything that is within the remit of the landlord should be documented and any receipts kept so the cost can be gotten from the landlord again.

I find this extremely dodgy too. I find it hard to believe a management company went to the extent to get a judgement for unpaid management fees. Generally they are paid by the receiver after the property has been sold

OP is it possible your landlord has died and the bank account has been frozen or closed due to the breaking up of the estate?

jonathan11

@newacc2015, I'd rather not go into specifics or speculate on the situation.
Thanks all for the comments.

otwb1

newacc2015 wrote:

I find this extremely dodgy too. I find it hard to believe a management company went to the extent to get a judgement for unpaid management fees. Generally they are paid by the receiver after the property has been sold

Surely the contract is between the management company and the owner? the tenant should not be involved in paying any management fees.

Op, I'd definitely keep a track of what you've had to spend (as well as banking the outstanding rent in the event that this needs to be paid).

Michael D Not Higgins

There was no mention of management fees by the OP and they have already said they don't want to get into specifics.

smunchkins

Oh it is always so helpful when someone posts on here seeking advice about something then refuses to give details.
(But as we do like to speculate....)
Tracking a person down these days is fairly easy, the first point is establishing the current status of the landlord (RIP.ie, companies house, or checking the land registry for €5 if you're not sure of his details).
Who owns the property and where they are is important for insurance purposes and possibly tax too.

Tiddlypeeps

Michael D Not Higgins wrote: »

There was no mention of management fees by the OP and they have already said they don't want to get into specifics.

jonathan11 wrote: »

They payed apartment maintenance costs (as ordered by a judge) / looked after general upkeep since then.

I assume this is what people are referring to. It doesn't specifically state management fees, I'm not sure what else it could mean, but it does not specify so it could potentially mean something else.

Either way, whatever the costs are the OP should keep good records of them (assuming they are costs that should have been handled by the landlord) so they can recover them if/when the landlord or whoever turns up looking for rent to be paid up.

murphaph

Even if the landlord has died, rent is due to the estate.

The_Conductor

As the OP is clearly uncomfortable providing any further information- I am going to close this thread- as the speculation is liable to wander completely off the reservation.