Lease due for renewal, but the landlord cannot be contacted

IronWolf · 04-06-2014 05:35PM #1

Hi all,

I'm currently facing a rather unusual situation and I was hoping someone could share some advice or may have encountered a similar situation!

I am coming to the end of a 12 month fixed term lease (this being the second 12 month lease I have taken with this property), I have since registered my interest in renewing the lease with the letting agent, who has acted as intermediary for the land lord. However, the letting agent has let me know that he has been unable to get in touch with the landlord for over 6 months at this stage and is unsure with how to go forward.

Seeing as the current lease is due to expire in mid-Summer, I was wondering what my options are as a tenant once the existing lease ends?

Any assistance appreciated!

murphaph · 04-06-2014 05:40PM

Is there any particular reason why you don't just run with the part IV tenancy? Being tied into a lease where the landlord can't be contacted is not a great idea. What if a pipe bursts or the boiler packs it in? Small things you can fix but the big things need your landlord's attention.

ABajaninCork · 04-06-2014 05:53PM

Not being able to contact the LL is a bigger problem than renewing the lease IMO.

Who does the OP go to when things need to be fixed? I assume from their post it'll be the agent, but if there's a big problem like burst pipes, damp or flood, God forbid, then I assume the LL needs to be contactable to give the go-ahead for the work?

Sun in Capri · 04-06-2014 06:05PM

Also why can the LL not be contacted? Is there a possibility that the property may go into receivership?

The_Conductor · 04-06-2014 06:07PM

If you're unable to contact the landlord- who are you paying the rent to, who is the point of contact with issues etc?
Was the agent able to give any indication of a reason why the landlord may be awol?

I'd be inclined to agree with the others- Part 4 is probably the way to go.

IronWolf · 04-06-2014 06:08PM

Thanks for your replies!

murphaph: I've looked into the part IV tenancy and it's something I will most likely go ahead with in the meantime. My only hesitation with living under a part IV tenancy in lieu of the contract is the lack of security it offers with regards to rent increases (at least once a fixed term contract has been signed, you shouldn't have to worry about possible rent increases until at least the contract expires).

ABajaninCork: This is something I'm concerned about too. Additionally, given how the agent has not been in contact the LL for such a long period of time, I wonder how much longer the agents services will be paid for given the situation.

Another concern at the moment is how I might go about reclaiming the deposit once the lease expires? Is there any legal basis for LL's to retain deposits once a fixed term lease has become a part IV tenancy?

*Edit*

Sun in Capri I gather the LL at least lives abroad, and that this property forms part of the LL's investment portfolio.

The_Conductor: The payment is made each month via standing order to the LL's bank account. The POC regarding potential issues has either been the letting agent or the management company who maintains the apartment block. Fortunately there have been no significant issues throughout my occupancy so this has been sufficient so far.

ABajaninCork · 04-06-2014 06:14PM

It doesn't matter whether the tenancy is a lease or Pt 4. Rents can only be reviewed on an annual basis and must be in line with market rates.

And there is NO legal basis for the LL to retain the deposit, unless there is damage to the flat. Even for cleaning costs, they must supply you with an itemised receipt and return the remainder to you.

IronWolf · 04-06-2014 06:17PM

Great to hear, thanks for all the advice everyone!

usernamegoes · 04-06-2014 06:28PM

IronWolf wrote: »

Great to hear, thanks for all the advice everyone!

Do you pay rent to the agency or into the LL's account? If the agency stops collecting rent read Landlords living abroad

http://www.citizensinformation.ie/en/housing/renting_a_home/tax_relief_for_tenants.html

sunnysoutheast · 04-06-2014 07:28PM

IronWolf wrote: »

Thanks for your replies!

Sun in Capri I gather the LL at least lives abroad

The_Conductor: The payment is made each month via standing order to the LL's bank account.

If you pay your rent direct to a landlord who lives abroad (and assuming they don't have a resident collection agent) you should be withholding 20% of the gross rent and paying it to Revenue.

IronWolf · 04-06-2014 08:23PM

I couldn't say if the LL has a collection agent or not, this is a surprising development and it's a detail that was never communicated to me by the letting agent. If the LL did have a collection agent, should the rent be sent directly to the agent instead?

sunnysoutheast · 04-06-2014 08:58PM

IronWolf wrote: »

I couldn't say if the LL has a collection agent or not, this is a surprising development and it's a detail that was never communicated to me by the letting agent. If the LL did have a collection agent, should the rent be sent directly to the agent instead?

Actually I just noticed that the poster before me said the same thing.

Who do you actually pay your rent to - is it the letting agent (in which case they are responsible for the return and will pass on the rent having deducted their fee) or the landlord directly?

Is the property registered with the PRTB, I think the landlord must provide their contact details on registration. That will be definitive.

A collection agent arrangement must be registered with the Revenue.

In theory at least the tenant is responsible for the 20% tax due on payments to a non-resident landlord.

IronWolf · 04-06-2014 09:38PM

Sunnysoutheast: Thanks for the additional info. As far as I'm aware the bank account I'm sending the payments to belongs to the LL and not the letting agent.

The property is registered with the PRTB, I will contact them tomorrow to see if they have the land lords details available.

ABajaninCork · 04-06-2014 11:08PM

If you're paying the landlord direct, then you'd better start putting aside the tax money...

Lease due for renewal, but the landlord cannot be contacted

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