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Bank repossessing-where does tenant stand?

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  • 02-10-2022 11:45pm
    #1
    Wanderingmind
    Registered Users Posts: 28 ✭


    In a case where a bank is accepting a property back by mutual consent where does it leave a tenant standing?

    Does the bank take over the tenant or is the original landlord still responsible? I assume the tenant's rights are not affected but I'm wondering how would a landlord fix something if they have agreed to give the property to the bank?



Comments

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    #2
    Flinty997
    Registered Users Posts: 11,647 ✭✭✭✭Flinty997


    The bank becomes the LL.



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    #3
    Wanderingmind
    Registered Users Posts: 28 ✭Wanderingmind


    https://www.boards.ie/discussion/comment/119694273#Comment_119694273

    So the original landlord is then finished with the property and the tenant?



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    #4
    touts
    Registered Users Posts: 6,438 ✭✭✭touts


    Not a chance in hell an old landlord would fix anything in the house after handing it over to the bank. Very little chance that they will do anything between now and when the bank formally take it over.

    You will have to contact the bank and try to find out who they will be appointing to manage the property going forward. However I would imagine their priority would be to sell the property to recover their money so you could be waiting until that process is complete and the new new owner takes possession.



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    #5
    Flinty997
    Registered Users Posts: 11,647 ✭✭✭✭Flinty997


    The new LL is responsible.



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    #6
    touts
    Registered Users Posts: 6,438 ✭✭✭touts


    I wrote my earlier response on the assumption that you are the tenant and need something fixed by the landlord whoever that now is.

    However if the position is reversed and you are the previous landlord and the tenant is asking you to fix something in the house then simply respond that it is no longer your property and they need to contact the bank. Give them a contact name of you have one. Then if they continue to contact you just flatly refuse to entertain any further requests for you to fix things in the house. Block their number and email if necessary and if it is causing you distress.



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    #7
    DubCount
    Registered Users Posts: 1,068 ✭✭✭DubCount


    https://www.boards.ie/discussion/2058265799/bank-repossessing-where-does-tenant-stand

    I think the "is accepting" is the important wording. If the bank has already taken back the property, then they are the new landlord, and they are responsible. Until they have taken back the property, the old landlord is still the landlord, and they are responsible. Who do you pay rent to?

    The old landlord is clearly in financial difficulty, so if they are still the landlord, its going to be difficult to get them to put any money into the property.

    When the bank take over, they will not want to be a long term landlord. Expect an eviction notice shortly after they take over - sorry.



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    #8
    Dav010
    Registered Users Posts: 14,084 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/119694633#Comment_119694633

    Think the op is on the other side of the equation.



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    #9
    Flinty997
    Registered Users Posts: 11,647 ✭✭✭✭Flinty997


    I'm not sure what's difficult about this.

    If the bank takes it over they will tell you and you will pay rent to them. They will also have to maintain the property and fix it. If they don't it's a trip to the RTB.

    Even if you get an eviction notice you'll likely have have best part of a year to move out. Thats if they sell it.



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    #10
    Flinty997
    Registered Users Posts: 11,647 ✭✭✭✭Flinty997


    https://www.boards.ie/discussion/comment/119694649#Comment_119694649

    Hard to know they are being vague.

    Either way they'll know when the keys are handed back.



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    #11
    Deeec
    Registered Users Posts: 4,742 ✭✭✭Deeec


    https://www.boards.ie/discussion/comment/119694649#Comment_119694649

    Whether they are the old landlord or the tenant - when a bank takes back a property they are the new landlord. Rent is paid to the bank and repairs are paid for by the bank. The old landlord has no responsibility anymore to the tenant of the house.



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    #12
    Dav010
    Registered Users Posts: 14,084 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/119694659#Comment_119694659

    Op has other threads.



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    #13
    Flinty997
    Registered Users Posts: 11,647 ✭✭✭✭Flinty997


    Based on the other thread. The bank hasn't taken it over. So the original Landlord is still responsible for repairs.

    If you don't want to be hands on get a local recommended agent to look after it. Sounds like this will drag on a long time.



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    #14
    Wanderingmind
    Registered Users Posts: 28 ✭Wanderingmind


    Thank you all for the comments. I'm neither the landlord nor the tenant. I'm married to the landlord who lives with me in my house owned by me only. The bank have got their legal team to inform the landlord that they have been given instructions to seek an order of possession. They are going to serve notice of the proceedings on the landlord who will consent and also wanted details for the tenant to serve notice of the proceedings on them as occupiers of the property.

    A quick query to the court has informed me that a hearing date could be offered in 3 months.



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