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Tenant of property in receivership

  • 29-12-2017 11:12pm
    #1
    Registered Users, Registered Users 2 Posts: 14


    HI there.

    My landlords entered receivership in August. We did not receive confirmation of this until mid September. We paid August and Septembers rent to our landlords.

    The receivers have appointed a property management company and have instructed them to collect the last 5 month's rent from us just last week. As we have already paid August and September to the landlords, I have emailed the management company and informed them of this, which they have said is fine. I have paid october, november and december into the bank account for the property management company.

    They have asked us to request the return of August and September's rent from the original landlords, as they were not entitled to the rent.

    Can anyone confirm if it is our responsibility to request this back from the landlord? I am not comfortable in doing so since we are not dealing with them anymore.

    Thanks!


Comments

  • Registered Users, Registered Users 2 Posts: 5,245 ✭✭✭myshirt


    No it's not, tell them to politely go get f#cked. They are chancing their arm.

    Your responsibility is when you have been notified a receiver has been appointed and they request you pay rent to the receiver. The receiver is an agent of your landlord also, to let you know.

    One thing you do need to do is ask the landlord for your deposit, because the receiver is under no obligation to give that to you, though a few years ago they would give it to keep you sweet and get vacant possession.

    If there are any problems, ask them to set out their position in writing. Even drop them a note asking this. Then go get advice. Lots of free quality advice out there, and you can also go to a solicitor, it shouldn't cost a lot and the solicitor can steer you through this and deal with them so it doesn't intrude on life as normal.


  • Registered Users, Registered Users 2 Posts: 74 ✭✭thereality


    I would honestly tell the receiver to give **** themselves. They have failed to carry their job, that they are going to generously bill your landlord for. I imagine they want the rent back from the landlord to get their cut of a management fee for doing not a whole load of work. Why should you have to ask your financially strained landlord for the rent back as the receiver has finally decided to collect rent?

    I would them for the name of the bank that appointed them a receiver. Fire off a letter informing them that receiver took 5 months to appoint an agent to collect rent. I would also tell your landlord about it so he can inform the lender what a poor job the receiver is doing

    At the end of the day, the receiver is going to fire off an eviction to you anytime now to sell the property to pay the bank. Receivers are the way banks repossess BTL properties

    The fact is receiver in this country are completely unregulated. They are supposed to look after the interests of the landlord, but a lot are colluding with the banks. You are dealing with the typical clueless receivers who is not regulated in any shape or form


  • Closed Accounts Posts: 684 ✭✭✭haro124


    I was in a similar situation last year. Landlord went into receivership but we had already paid for the following month as we were never told. Get on to threshold, the housing charity as they are great for advice. Unfortunately, I'd also start looking for a new place to live


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


    Ciarajl wrote:
    They have asked us to request the return of August and September's rent from the original landlords, as they were not entitled to the rent.


    Don't even consider this. It's not your job. If the receiver could legally recover this they would.

    Focus on finding somewhere new and getting deposit back from original landlord.


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


    Your responsibility to the receiver commences once they introduce themselves to you and inform you of any revised payment situation etc. By rights- once you were aware your landlord was in receivership- regardless of whether, or not, you had been communicated the details- you should not have made any further payments to them- however, thats water under the bridge.

    Your obligation to the receiver- commences only once they contact you with the requisite details- and cannot be retrospectively applied.
    If the receiver wants the money back from the original owner- let them chase it. It is not your job to do so.


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