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Landlord went bankrupt, we are in rented house

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  • 03-12-2016 8:25pm
    #1
    brambi
    Registered Users Posts: 9 ✭


    Hi, our situation is as follows:

    We are renting a house for last 2 years, contract just ended with last day of november.
    Our landlord came to us 2 weeks ago and said that he will be legally made bankrupt by the court in few days and bank will take the house that we are living in. Landlord was very fair, gave us our deposit back and told us to not pay him rent anymore as house doesnt belong to him anymore. Few days later he contacted us to tell that court case took place and he is officially bankrupt.

    In the light of what happend what are our rights? How long it may take for the bank to evict us. Are there any legal rights for us as I can't find anything online.

    Thanks for all answers
    Tagged:


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    #2
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    The bank will have to take over as your landlord and fulfil the obligations of your tenancy. It's likely they will issue you a notice of termination asap, which should be on the grounds of wanting to sell and should contain a statutory declaration for this. Since you are there 2 years (I presume over 2 years) you are entitled to 8 weeks notice. You are obliged to pay rent to the bank now so it would be best to set aside rent money for this, although they are unlikely to chase you for it.

    If I were you I would start looking for somewhere else to live pronto.


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    #3
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    The bank owns the house now ,they might decide to ask you to leave
    so hold onto all receipts and rent books etc To show you were tenants
    and paid rent there .
    Its unlikely they,ll put the house up for sale while there is tenants living there .You can stay there
    at least until you recieve a letter from the bank asking you to leave,
    go to threshold or crosscare for more detailed advice.


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    #4
    brambi
    Registered Users Posts: 9 ✭brambi


    Michael D Not Higgins wrote: »
    The bank will have to take over as your landlord and fulfil the obligations of your tenancy. It's likely they will issue you a notice of termination asap, which should be on the grounds of wanting to sell and should contain a statutory declaration for this. Since you are there 2 years (I presume over 2 years) you are entitled to 8 weeks notice. You are obliged to pay rent to the bank now so it would be best to set aside rent money for this, although they are unlikely to chase you for it.

    If I were you I would start looking for somewhere else to live pronto.
    Does the fact that contract ended not work against us? We are here exactly 2 years and 3 days.


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    #5
    brambi
    Registered Users Posts: 9 ✭brambi


    riclad wrote: »
    The bank owns the house now ,they might decide to ask you to leave
    so hold onto all receipts and rent books etc To show you were tenants
    and paid rent there .
    Its unlikely they,ll put the house up for sale while there is tenants living there .You can stay there
    at least until you recieve a letter from the bank asking you to leave,
    go to threshold or crosscare for more detailed advice.
    I was paying rent by bank transfer so there is no receipts or rent book. It will be hard to find a new place now because we have 2 dogs and a cat.


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    #6
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    brambi wrote: »
    Does the fact that contract ended not work against us? We are here exactly 2 years and 3 days.

    You have part IV tenancy rights.


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    #7
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    brambi wrote: »
    I was paying rent by bank transfer so there is no receipts or rent book. It will be hard to find a new place now because we have 2 dogs and a cat.

    You will most likely have to find homes for the animals if you want to find somewhere to rent.


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    #8
    [Deleted User]
    Posts: 6,025 ✭✭✭ [Deleted User]


    brambi wrote: »
    I was paying rent by bank transfer so there is no receipts or rent book. It will be hard to find a new place now because we have 2 dogs and a cat.

    It is going to be incredibly hard, Ive been looking myself for a long time, and I have one dog. :(
    Even when ads say Family Home, I guess dogs are not included as part of family :)

    Rents are through the roof, Landlords have hundreds of people wanting their property.

    You have a hard road ahead of you. Do contact Threshold, they may be able to give you some advice.

    Hope it all works out for you


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    #9
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    The bank will more than likely appoint a receiver. They are completely unregulated and will possibly give you incorrect info for the simple reason everyone can be a receiver (they arent regulated) and there is countless cases of them shady ie fraud

    You need to ask if they are a rent receiver or an asset receiver. A rent receiver can collect rent, but cant sell the house. An asset receiver can sell the house, but collect rent. If an asset receiver tries to tell you to pay rent to them, they are lying to you

    Ask for everything the receiver does in writing as they are all seriously shady


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    #10
    Thestones
    Registered Users Posts: 255 ✭✭Thestones


    The banks are so slow to react you could end up staying a long time. The house we bought was bank owned and was rented for quite a while(a few years i think) before the bank actually got the tenants out and sold it.


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    #11
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    You should find a solicitor experienced in this area. If handled correctly you will be able to remain in the house for a lengthy period. If you mess up you will be out on the street at very short notice.


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    #12
    Ayuntamiento
    Registered Users Posts: 346 ✭✭Ayuntamiento


    foggy_lad wrote: »
    You will most likely have to find homes for the animals if you want to find somewhere to rent.

    My God if you said that about somebody's children there'd be outrage :D
    And a lot of people do consider their pets as part of the family..
    There's another thread on this same page where the OP can't find anywhere to rent as she has 2 children and landlords aren't interested in renting to a 'big' family.
    Pretty soon we'll all have to live sad, sterile lives, devoid of children & animals, just to keep the average landlord happy.

    OP, i'd start looking now and try to get together as large a deposit as you can. Some landlords will allow pets if you can show that you could cover any damages with this buffer of money. Good luck.


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    #13
    TimeToShine
    Registered Users Posts: 4,881 ✭✭✭TimeToShine


    Thestones wrote: »
    The banks are so slow to react you could end up staying a long time. The house we bought was bank owned and was rented for quite a while(a few years i think) before the bank actually got the tenants out and sold it.

    I agree with this. You could easily stay a minimum of 6 months if needs be, I can't imagine the banks procedure in this regard is very streamlined and efficient.


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    #14
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Ayuntamiento wrote: »
    My God if you said that about somebody's children there'd be outrage :D
    And a lot of people do consider their pets as part of the family..
    There's another thread on this same page where the OP can't find anywhere to rent as she has 2 children and landlords aren't interested in renting to a 'big' family.
    Pretty soon we'll all have to live sad, sterile lives, devoid of children & animals, just to keep the average landlord happy.

    OP, i'd start looking now and try to get together as large a deposit as you can. Some landlords will allow pets if you can show that you could cover any damages with this buffer of money. Good luck.

    Agree, it is a cold statement but a reality in todays rental market. I moved from Dublin to a rural area last year and thought it would be easier to get a place with a dog, no, still got turned down by so many LL's. Had to go even more rural than I expected in order to find a house where the dog was allowed. It never even occurred to me up to then because I had my own house in Dublin.


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    #15
    TheDoc
    Registered Users Posts: 23,137 ✭✭✭✭TheDoc


    pilly wrote: »
    Agree, it is a cold statement but a reality in todays rental market. I moved from Dublin to a rural area last year and thought it would be easier to get a place with a dog, no, still got turned down by so many LL's. Had to go even more rural than I expected in order to find a house where the dog was allowed. It never even occurred to me up to then because I had my own house in Dublin.

    When we had a dog, we found it much easier to exclude Estate Agent and Agencies run properties entirely and deal with landlords directly. so many accidental/single property landlords out there, but when we spoke about our dog and it's size plenty of landlords seemed to be grand with it


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