My landlord has given property back to bank

Katie_OC · 18-12-2017 10:37PM #1

Hi Ive been renting an apartment for 2years now. I've never had overdue rent or ever missed a payment, safe to say i kept to myself. No issues.

So I find out Im pregnant and my partner moves in (Landlord was told and said there was no issue and she'd call to renew the lease) That was in April. She finally called in October! Said they've drawn up a new lease as a new tenant had moved in and I had my baby AND that they decided to up the rent by €300 - to which I argued as we are in a rent restricted zone.

After some "research" we make an agreement on rent (its not higher by much but we're just able to scrape it) we sign the new lease thats been drawn up and she's on her merry way.

Two weeks later she rings up says they've given the apartment back to the bank and the bank would be in contact with me soon. I had to contact her again at the end of November about paying rent as I hadnt heard from anyone at the bank. She tells me to hang onto the money because Im not paying them anymore and to wait to hear from the bank about making payments.

Alas still no call from the bank! What do I do? Ive just signed a new lease.. is that void now because the landlords out of the picture? And if so can the bank evict us? Im dreading a notice coming in the door in the new year.

Does anyone have experience with this or have any information to share?

CeilingFly · 18-12-2017 10:41PM

Surely if you have a lease, then having a partner move in is no business of the landlord?

It would be different if you were subletting it.

Landlord was chancing her arm.

I'd be looking for professional advice on this.

oceanman · 18-12-2017 10:46PM

definitely sounds very strange alright..

Graham · 18-12-2017 10:47PM

CeilingFly wrote: »

Surely if you have a lease, then having a partner move in is no business of the landlord?

It's not unusual for a lease to specify the occupiers.

Katie_OC · 18-12-2017 10:51PM

She's was def chancing her arm.

Ive been to citizens advice already, they weren't very helpful they just kept assuring me that id have 'X' amount of days notice if I did have to leave.

I've heard tsb are taking properties back from landlords to clear off debts (or something) Thats well and good for the lanlords but the tenants are left in limbo

Eric Cartman · 18-12-2017 10:52PM

sounds like your landlord has fallen into the unfortunate trap many are where the rent isn't covering the mortgage and given up. Im sure the bank will be along but I'm sure your landlord just wants to move on at this stage. By giving you a new lease the landlord has actually probably done you a favour and bought you time.

Katie_OC · 18-12-2017 10:57PM

Eric Cartman wrote: »

sounds like your landlord has fallen into the unfortunate trap many are where the rent isn't covering the mortgage and given up. Im sure the bank will be along but I'm sure your landlord just wants to move on at this stage. By giving you a new lease the landlord has actually probably done you a favour and bought you time.

I was thinking the same, but I never got to make a payment under the new lease so i hope that it hasnt affected it it some way!

Eric Cartman · 18-12-2017 10:58PM

Katie_OC wrote: »

I was thinking the same, but I never got to make a payment under the new lease so i hope that it hasnt affected it it some way!

keep all the money and be prepared to hand it over to the bank.

CeilingFly · 18-12-2017 11:01PM

Katie_OC wrote: »

I was thinking the same, but I never got to make a payment under the new lease so i hope that it hasnt affected it it some way!

I'd be sending a text / email saying that you wish to pay the rent, even if it is to her solicitor to hold in a client account.

That will ensure that non payment of rent cannot be used against you.

Possibly it is a ptsb mortgage and she's taken their generous offer.

Katie_OC · 18-12-2017 11:02PM

Eric Cartman wrote: »

keep all the money and be prepared to hand it over to the bank.

Oh I have it put away. Its laying idle and people are getting pretty brutal xmas presents I'm dying to dip out of it BUT havn't!

My main concern is being told to leave. I cant find affordable accomodation elsewhere. We're scraping by as it is!

quadrifoglio verde · 18-12-2017 11:05PM

Put money aside in a separate bank account. Short notice, but instant Access.
Worst case scenario, you're asked to vacate and pay back rent.
Best case scenario you're asked to vacate and you're not asked to backpay.

In the meantime, I'd ask your now previous landlord to do a reference for you in case you need to be ready to go

Katie_OC · 18-12-2017 11:06PM

CeilingFly wrote: »

I'd be sending a text / email saying that you wish to pay the rent, even if it is to her solicitor to hold in a client account.

That will ensure that non payment of rent cannot be used against you.

Possibly it is a ptsb mortgage and she's taken their generous offer.

Ive tried that already she said she wouldnt accept payments from me, but to keep texts and email as proof that I was trying to make payments to someone- for when the bank do eventually come around.

CeilingFly · 18-12-2017 11:26PM

Katie_OC wrote: »

Ive tried that already she said she wouldnt accept payments from me, but to keep texts and email as proof that I was trying to make payments to someone- for when the bank do eventually come around.

If that's her response, then she's probably genuine.

As above, keep the funds separate somehow. Maybe credit union account.

Banks can be slow to move on things.

Yawns · 18-12-2017 11:31PM

quadrifoglio verde wrote: »

Put money aside in a separate bank account. Short notice, but instant Access.
Worst case scenario, you're asked to vacate and pay back rent.
Best case scenario you're asked to vacate and you're not asked to backpay.

In the meantime, I'd ask your now previous landlord to do a reference for you in case you need to be ready to go

If you are asked to vacate at all I wouldn't be paying any back rent. I'd only be paying back rent if the banks signed a new lease under RPZ rules.

Don't panic about being evicted before Christmas or anything.

jimmycrackcorm · 19-12-2017 01:41AM

Katie_OC wrote:

My main concern is being told to leave. I cant find affordable accomodation elsewhere. We're scraping by as it is!

The bank will inevitably want to sell the property as they are not in the business of being landlords and will want to realize the capital. But they may ask for a short rental agreement until they are ready. You should get advise from the RTB about the scenario where you can't be evicted because the owner hasn't sold the property, but where it is being repossessed.

Yawns wrote:

If you are asked to vacate at all I wouldn't be paying any back rent. I'd only be paying back rent if the banks signed a new lease under RPZ rules.

+1 on this. The changeover has muddied the waters where rent is concerned and you should wait until the back either give you a fixed term lease or notice of eviction. If the latter then let them whistle for back rent. As far as you are concerned, your lease is currently with your landlord.

BrokenArrows · 19-12-2017 11:52AM

Katie_OC wrote: »

Hi Ive been renting an apartment for 2years now. I've never had overdue rent or ever missed a payment, safe to say i kept to myself. No issues.

So I find out Im pregnant and my partner moves in (Landlord was told and said there was no issue and she'd call to renew the lease) That was in April. She finally called in October! Said they've drawn up a new lease as a new tenant had moved in and I had my baby AND that they decided to up the rent by €300 - to which I argued as we are in a rent restricted zone.

After some "research" we make an agreement on rent (its not higher by much but we're just able to scrape it) we sign the new lease thats been drawn up and she's on her merry way.

Two weeks later she rings up says they've given the apartment back to the bank and the bank would be in contact with me soon. I had to contact her again at the end of November about paying rent as I hadnt heard from anyone at the bank. She tells me to hang onto the money because Im not paying them anymore and to wait to hear from the bank about making payments.

Alas still no call from the bank! What do I do? Ive just signed a new lease.. is that void now because the landlords out of the picture? And if so can the bank evict us? Im dreading a notice coming in the door in the new year.

Does anyone have experience with this or have any information to share?

Op just hold onto that rent money and hope that the bank is very very slow when dealing with the property.

They will do one of 3 things.
1. Issue eviction without asking for rent payment. Big win for you.
2. Issue eviction and ask for rent payment. No big deal because you have kept the money.
3. Issue you with a temporary rental agreement and you go on paying the agreed rent.

NOTE: From your email it implied you might have agreed to pay more than the 4% allowed increase. Is this the case? If so then you can fight this with the bank again to lower your rent if they want to rent it to you.

P. Breathnach · 19-12-2017 04:06PM

BrokenArrows wrote: »

Op just hold onto that rent money and hope that the bank is very very slow when dealing with the property.

They will do one of 3 things.
1. Issue eviction without asking for rent payment. Big win for you.
2. Issue eviction and ask for rent payment. No big deal because you have kept the money.
3. Issue you with a temporary rental agreement and you go on paying the agreed rent. ...

I think this is sound advice.

Just one wrinkle: the original landlord has probably retained OP's deposit (and, I suppose, might not be willing or able to refund it). While the bank has not clear liability in relation to the deposit, I gather that it often happens that they stump up in order to achieve an amicable parting.

[I imagine OP would not raise the question of the deposit if the bank goes for option 1.]

Samuel T. Cogley · 19-12-2017 07:42PM

OP have a look at the various threads on receivers. There is some good advice there and on what to expect. I wouldn't worry about it too much in the very short term, the LL is being above board by the sounds of it and banks know they're on notice not to take the piss lest new laws be introduced to deal with these situations.

On the LL wanting to know who is in the gaffe:

RTA 2004

Chapter 2

Provisions regarding tenant's obligations

Obligations of tenants.

16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall

...

(n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.

jeepcj · 19-12-2017 09:52PM

P. Breathnach wrote: »

I think this is sound advice.

Just one wrinkle: the original landlord has probably retained OP's deposit (and, I suppose, might not be willing or able to refund it). While the bank has not clear liability in relation to the deposit, I gather that it often happens that they stump up in order to achieve an amicable parting.

[I imagine OP would not raise the question of the deposit if the bank goes for option 1.]

I was thinking the same thing about the deposit,

My landlord has given property back to bank

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