Who owns this house?

Shirley101 · 17-11-2019 9:28pm #1

Hi, hoping someone can help.
Currently renting a house and have given notice to move out this wk, need a bigger house. So I’m in the middle of moving my stuff to new house and as I was there yesterday I met the previous tenants who were collecting their stuff. As they were leaving one of them said to me, “I hope u are not planning on staying here long term, I do know Nama own this house and it’s only a matter of time before they’ll be knocking on your door.
Ok long story short, the owner of this house had two other houses taken off him about 8 yrs ago. He has since died so his wife renting this house to me.
I’m very confused. Is it possible she could continue renting a house that was repossessed?
The husband’s name is still on the deeds coz I have viewed the folio online.
Surely if Nama take a house off u then they would take your name off the deeds??
I’m now afraid that maybe this is true and I’ve already lost my old house.
I thought about ringing the ‘owner’ of this house and asking her is it possible that his is true, but I’m afraid she will flip over such an accusation and I’ll be left with no house.
I’ve checked the Nama website but this house isn’t listed.
Also there is a mention of a judgement mortgage on the folio, I just don’t know what that means.
Surely it’s illegal to rent a house that Nama have taken?

Blacktie. · 18-11-2019 9:02pm

I wouldn't pay any mind to what the previous tenants say.

Darc19 · 18-11-2019 9:08pm

How could it be illegal?

I assume you have a lease. That's your legal protection

Previous tenants may have a gripe. Ignore them.

Even if Nama has a judgment mortgage, it simply means that if the house is sold, they get first dibs on the money.

Many houses from the boom will have judgement mortgages, it protects the finance company and in most cases the owners are paying a rescheduled payment plan.

Shirley101 · 18-11-2019 11:49pm

Thanks for yer replies, the previous tenant did seem a bit bitter about something alright.
I don’t have a lease, the owner doesn’t want contracts or anything, she’s a neighbor of mine, dunno maybe I should have insisted

the_syco · 19-11-2019 12:40am

Shirley101 wrote: »

Thanks for yer replies, the previous tenant did seem a bit bitter about something alright.
I don’t have a lease, the owner doesn’t want contracts or anything, she’s a neighbor of mine, dunno maybe I should have insisted

Did you pay the deposit & rent via the bank, or do you give cash directly to the owner?

Shirley101 · 19-11-2019 7:55am

She didn’t want a deposit and it’s cash only

Shirley101 · 19-11-2019 8:07am

Shirley101 wrote: »

She didn’t want a deposit and it’s cash only

The folio also states that the property is subject to the provisions prohibiting letting and subletting as outlined in section 12....

Phoebas · 19-11-2019 8:26am

You don't have a tenancy agreement and you're paying cash and you're wondering if there might be something not legal going on.

Yes.

Shirley101 · 19-11-2019 10:00am

I know....I’m not too bothered about paying cash, that’s what a lot of people do now, legal or not.
I just don’t want to find myself in a situation whereby I’ve a wk to get out and find another house.

Phoebas · 19-11-2019 10:05am

Shirley101 wrote: »

I know....I’m not too bothered about paying cash, that’s what a lot of people do now, legal or not.
I just don’t want to find myself in a situation whereby I’ve a wk to get out and find another house.

The protections that you lose by not having an above board tenancy arrangement put you directly in the situation that you don't want to find yourself in.

Shirley101 · 19-11-2019 10:08am

Yes you’re right, I better go get myself a contract

guyfo · 19-11-2019 10:09am

Shirley101 wrote: »

I know....I’m not too bothered about paying cash, that’s what a lot of people do now, legal or not.
I just don’t want to find myself in a situation whereby I’ve a wk to get out and find another house.

If you don't want that situation why on earth would you hand over cash for an obviously dodgy deal with no lease or any type of paperwork to back yourself up? Why not go through daft.ie and find a legit rental?

Shirley101 · 19-11-2019 10:14am

Very little to rent here that’s why, I have other circumstances with kids etc which mean I can’t go too far

Shirley101 · 19-11-2019 10:15am

I’m just not sure if Nama or the likes can put me out with no notice? I’m not even sure why someone would rent a house that they are prohibited from doing so.

Steer55 · 19-11-2019 10:24am

Even if he has no lease, i think hes still protected by the ptrb. The landlord is in the wrong here.

Doop · 19-11-2019 12:20pm

Shirley101 wrote: »

I’m just not sure if Nama or the likes can put me out with no notice? I’m not even sure why someone would rent a house that they are prohibited from doing so.

Because they want as much cash as they can until the plug gets pulled on their party.

You do not seem to have entered into an arrangement that will offer you any security

dennyk · 19-11-2019 12:45pm

Steer55 wrote: »

Even if he has no lease, i think hes still protected by the ptrb. The landlord is in the wrong here.

He's still protected by the RTA if he has a valid tenancy, even without a written agreement. The complication here is that his purported "landlord" may not have had the legal right to let the property to him in the first place, if the bank or NAMA had taken legal possession of the property from the owner before the OP's tenancy began. In that event it's possible that he would not legally be considered a tenant of the property and could potentially be removed with little or no notice.

Of course, the other issue is that if the OP's tenancy is valid, as it's just started it can be terminated by the landlord (whoever that is) anytime within the next six months with just 28 days notice, since the Part 4 security of tenure provisions don't apply until the tenancy has been in place for six months.

Shirley101 · 19-11-2019 3:29pm

dennyk wrote: »

He's still protected by the RTA if he has a valid tenancy, even without a written agreement. The complication here is that his purported "landlord" may not have had the legal right to let the property to him in the first place, if the bank or NAMA had taken legal possession of the property from the owner before the OP's tenancy began. In that event it's possible that he would not legally be considered a tenant of the property and could potentially be removed with little or no notice.

Of course, the other issue is that if the OP's tenancy is valid, as it's just started it can be terminated by the landlord (whoever that is) anytime within the next six months with just 28 days notice, since the Part 4 security of tenure provisions don't apply until the tenancy has been in place for six months.

Yeah I was kinda thinking the same in that I can be told move out with no notice.
The owner just doesn’t strike me as the kind of woman who would want to land herself in hot water that’s why I’m confused by the whole thing

The_Conductor · 19-11-2019 8:00pm

You haven't paid a deposit, and aside from the inconvenience of moving and having to find somewhere else- you don't have anything to loose.
I'm guessing you knew something wasn't kosher- by virtue of the fact that you went to the trouble of looking up the folio.
Providing the rent was competitive- I'd be inclined to stay put until such time as something happens that is sufficient to cause you to reassess your position.
Its nice that there isn't a deposit involved- I'd personally be inclined to take my chances and see what happens.
Either way- you have the protections of the Residential Tenancies Act after 6 months- the landlord doesn't- if the tenancy isn't formally registered.

You're going in here with your eyes wide open- what else can you do?

Dav010 · 19-11-2019 8:18pm

A lot of assumptions being made here, so I’ll join the party and make another one.

If the property has/had a mortgage, all lenders require life assurance/mortgage protection policy to cover balance of mortgage at time of death. If the owner died a few years ago, chances are there is no mortgage on it.

BarryD2 · 19-11-2019 8:25pm

Cash is King, grand little flow of funds to the supposed owner. No wonder the public are cynical about many small time private landlords, the backbone of our rental market is wide open to tax abuse. But if the arrangement suits, why not join the party?

Shirley101 · 19-11-2019 9:48pm

Going to take my chances. Fab house at a fraction of my previous rent, what the hell... thanks for the replies folks

[Deleted User] · 20-11-2019 8:16am

Can't wait to see the update on this in a few weeks

Shirley101 · 20-11-2019 3:12pm

ðŸ‘

Who owns this house?

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