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County council are happy with their tenants overholding

  • 24-01-2018 2:47pm
    #1
    Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭


    I issued a termination notice to my tenants a number of weeks ago. They are on RAS , so are county council tenants. I received an email today from the council stating that if they cannot find them suitable accommodation in the same area they will be overholding !! They told me to check my notice of termination that it's in order as I'll need it when it goes to the RTB .. I was shocked at the manner of the county council put this email together .... it proves that landlords aren't protected whatsoever by them.
    They give you 20% below market rent but tell you you are secure with them. They effectively told me today that I'm to lodge a complaint with the RTB and the notice isn't even up for another two months.


«134

Comments

  • Registered Users, Registered Users 2 Posts: 23,661 ✭✭✭✭ted1


    I assume that they will still be paying you.

    On what grounds are you evicting them ?


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    I'm selling up. I'd imagine that I'd still get paid cause it's the council. But I want to sell. I feel utterly betrayed by the council. What if I wanted to move back in the myself ?? Jesus , I can't wait to get out of being a landlord !!


  • Registered Users, Registered Users 2 Posts: 24,467 ✭✭✭✭lawred2


    hawkelady wrote: »
    I'm selling up. I'd imagine that I'd still get paid cause it's the council. But I want to sell. I feel utterly betrayed by the council. What if I wanted to move back in the myself ?? Jesus , I can't wait to get out of being a landlord !!

    their remit is to keep roofs over people's heads.. You are not their priority so I wouldn't take it personally. Feelings of betrayal are pointless.

    presuming that this is Dublin - there is a chronic housing shortage as I'm sure that you're aware.


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    Well aware of the crisis alright although I can't be blamed for it tbf


  • Registered Users, Registered Users 2 Posts: 24,467 ✭✭✭✭lawred2


    hawkelady wrote: »
    Well aware of the crisis alright although I can't be blamed for it tbf

    nope - certainly not but their actions are going to be driven by it.


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  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    Maybe they might buy it?


  • Registered Users, Registered Users 2 Posts: 5,906 ✭✭✭daheff


    Browney7 wrote: »
    Maybe they might buy it?

    they wont pay market value though...so screwed twice.


    If you do sell...make sure you let the housing charities know. they have been known to pay good money for houses...often above what you think they will pay.


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    Which housing charities ??


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    Browney7 wrote: »
    Maybe they might buy it?


    They said they won't even consider it until the property is vacant !! Go figure


  • Registered Users, Registered Users 2 Posts: 2,217 ✭✭✭mel123


    Nothing of value to add OP, other than its disgraceful carry on. You want to sell YOUR house, and cant until they find suitable accommodation for the tenant, and who knows how long that will take. Its an absolute farce.


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  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    hawkelady wrote: »
    Which housing charities ??

    Peter mc verry trust are buying houses I believe


  • Registered Users, Registered Users 2 Posts: 1,279 ✭✭✭The Student


    hawkelady wrote: »
    I issued a termination notice to my tenants a number of weeks ago. They are on RAS , so are county council tenants. I received an email today from the council stating that if they cannot find them suitable accommodation in the same area they will be overholding !! They told me to check my notice of termination that it's in order as I'll need it when it goes to the RTB .. I was shocked at the manner of the county council put this email together .... it proves that landlords aren't protected whatsoever by them.
    They give you 20% below market rent but tell you you are secure with them. They effectively told me today that I'm to lodge a complaint with the RTB and the notice isn't even up for another two months.

    Can I suggest you revert back to the council and advise them that if you need to go to the RTB you will and once you win your case against them you will issue legal proceedings for breach of contract. Normally its not worth issuing proceedings against individuals as they have nothing to discharge the debt, Councils on the other hand have.

    Remember your contract is between you and the Council and they have the right to nominate a tenant but ultimately they are the party who contracted with you.


  • Registered Users, Registered Users 2 Posts: 5,906 ✭✭✭daheff


    hawkelady wrote: »
    Which housing charities ??

    try people like PMVT, Cluid etc.

    google some, ask the local estate agents they might know of some who are buying in the area.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Can I suggest you revert back to the council and advise them that if you need to go to the RTB you will and once you win your case against them you will issue legal proceedings for breach of contract. Normally its not worth issuing proceedings against individuals as they have nothing to discharge the debt, Councils on the other hand have.

    Remember your contract is between you and the Council and they have the right to nominate a tenant but ultimately they are the party who contracted with you.

    RAS does not discharge any responsibilities between landlords and tenants under the RTA to the council. The action in the RTB would be against the occupying tenant and the council would assume no responsibility for the tenant's actions.

    The only contract between the council and the landlord is for payment of the agreed rent for the term. They wouldn't be in default of that contract if they continue paying during the period of overholding.


  • Posts: 0 [Deleted User]


    If the contract is between landlord and tenant what business do the council have telling the landlord they are overholding?


  • Registered Users, Registered Users 2 Posts: 1,279 ✭✭✭The Student


    RAS does not discharge any responsibilities between landlords and tenants under the RTA to the council. The action in the RTB would be against the occupying tenant and the council would assume no responsibility for the tenant's actions.

    The only contract between the council and the landlord is for payment of the agreed rent for the term. They wouldn't be in default of that contract if they continue paying during the period of overholding.


    If my memory serves me right they are liable. When I went into the RAS the LA confirmed to me that they had the right to nominate the tenant and that they were liable for the rent even during void periods. (I would have to have a look at the lease again but this was one of the attractions for me at the time. This was back in 2009 when the rental market was on its knees which is what attracted me to the scheme).

    I think you may be confusing the RAS with the HAP. The only relationship the council have with the Landlord under HAP is payment (assuming the LA are paid by the tenant).

    I will however stand corrected on the above as I never had a need to look into it although I would be interested in seeing how this situation evolves.


  • Closed Accounts Posts: 1,800 ✭✭✭tretorn


    Simon are buying houses too and have paid up to 300 thousand per house.
    Liveline did a programme recently on problem tenants Simon put into the houses bought.
    I have stopped giving money to all these housing charities, they are driving house prices up for lower paid working people to put workshy people with numerous children into houses bought with money donated by the public and vast sums of taxpayers money diverted to them through grants.
    The whole system is a holy mess.


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    RAS does not discharge any responsibilities between landlords and tenants under the RTA to the council. The action in the RTB would be against the occupying tenant and the council would assume no responsibility for the tenant's actions.

    The only contract between the council and the landlord is for payment of the agreed rent for the term. They wouldn't be in default of that contract if they continue paying during the period of overholding.


    If my memory serves me right they are liable. When I went into the RAS the LA confirmed to me that they had the right to nominate the tenant and that they were liable for the rent even during void periods. (I would have to have a look at the lease again but this was one of the attractions for me at the time. This was back in 2009 when the rental market was on its knees which is what attracted me to the scheme).

    I think you may be confusing the RAS with the HAP. The only relationship the council have with the Landlord under HAP is payment (assuming the LA are paid by the tenant).

    I will however stand corrected on the above as I never had a need to look into it although I would be interested in seeing how this situation evolves.

    You are correct regarding RAS. I don't know much regarding hap.


  • Registered Users, Registered Users 2 Posts: 3,395 ✭✭✭sjb25


    lawred2 wrote: »
    their remit is to keep roofs over people's heads.. You are not their priority so I wouldn't take it personally. Feelings of betrayal are pointless.

    presuming that this is Dublin - there is a chronic housing shortage as I'm sure that you're aware.

    I’m not a landlord I’m a tenant but surely the OP can sell HIS/HER house if they wish And should not feel bad or made guilty for it
    Or made wait till the council or whoever is ready
    I could never be a landlord lads


  • Registered Users Posts: 465 ✭✭southstar


    hawkelady wrote: »
    I issued a termination notice to my tenants a number of weeks ago. They are on RAS , so are county council tenants. I received an email today from the council stating that if they cannot find them suitable accommodation in the same area they will be overholding !! They told me to check my notice of termination that it's in order as I'll need it when it goes to the RTB .. I was shocked at the manner of the county council put this email together .... it proves that landlords aren't protected whatsoever by them.
    They give you 20% below market rent but tell you you are secure with them. They effectively told me today that I'm to lodge a complaint with the RTB and the notice isn't even up for another two months.

    I'm confused ....if they are they county council tenants then did they sign a lease,an enforceable contract, with the county council or with you? Did you not establish the rights and duties of all the parties before entering into the arrangement in the first place?
    Excuse me if I'm a little suspicious as on three separate radio shows yesterday there were landlords on pleading hardship...and a raft of rather suspicious messages being posted in.. in the same vein.It all seemed a little bit too coordinated...(perhaps the work of Residential Landlords Association of Ireland ??)...how odd I thought given that The Social Democrats are presently trying to draft a bill to extend tenants rights.. just wondering like..
    The fact is that for the most part it is tenants who are being squeezed with many unwilling to enforce their rights due to the uncertainty and insecurity inherent with present day renting.


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  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    southstar wrote: »
    I'm confused ....if they are they county council tenants then did they sign a lease,an enforceable contract, with the county council or with you? Did you not establish the rights and duties of all the parties before entering into the arrangement in the first place?
    Excuse me if I'm a little suspicious as on three separate radio shows yesterday there were landlords on pleading hardship...and a raft of rather suspicious messages being posted in.. in the same vein.It all seemed a little bit too coordinated...(perhaps the work of Residential Landlords Association of Ireland ??)...how odd I thought given that The Social Democrats are presently trying to draft a bill to extend tenants rights.. just wondering like..
    The fact is that for the most part it is tenants who are being squeezed with many unwilling to enforce their rights due to the uncertainty and insecurity inherent with present day renting.

    Not sure if this is serious or not?? if it is, please take off the tin foil hat.. I know nothing of a concerted attempt by landlords to" screw tenants over"

    I have a contract with the council signed by the council,tenant and myself..
    It would seem that they are breaking the contract if they overhold as it states that they will find another property within the notice given if I ever terminated the tenancy.. and then the email today!!

    Hope that clears up your "confusion"


  • Registered Users, Registered Users 2 Posts: 1,279 ✭✭✭The Student


    southstar wrote: »
    I'm confused ....if they are they county council tenants then did they sign a lease,an enforceable contract, with the county council or with you? Did you not establish the rights and duties of all the parties before entering into the arrangement in the first place?
    Excuse me if I'm a little suspicious as on three separate radio shows yesterday there were landlords on pleading hardship...and a raft of rather suspicious messages being posted in.. in the same vein.It all seemed a little bit too coordinated...(perhaps the work of Residential Landlords Association of Ireland ??)...how odd I thought given that The Social Democrats are presently trying to draft a bill to extend tenants rights.. just wondering like..
    The fact is that for the most part it is tenants who are being squeezed with many unwilling to enforce their rights due to the uncertainty and insecurity inherent with present day renting.

    Can you tell me of any other business were the owner is not free to dispose of its assets as it sees fit.


  • Registered Users, Registered Users 2 Posts: 24,467 ✭✭✭✭lawred2


    sjb25 wrote: »
    I’m not a landlord I’m a tenant but surely the OP can sell HIS/HER house if they wish And should not feel bad or made guilty for it
    Or made wait till the council or whoever is ready
    I could never be a landlord lads

    Was that what you think I was doing? :/


  • Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 6,299 ✭✭✭Claw Hammer


    I know someone that happened to. Even with a Determination Order from the PRTB the Council told the tenant to stay put. He got some barrister onto it and they served the tenant with court documents which panicked the tenant and the council. The tenant was re-housed within a few weeks.


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    No cant sell it with the tenants in it.. It has to be vacant.


  • Registered Users Posts: 465 ✭✭southstar


    hawkelady wrote: »
    southstar wrote: »
    I'm confused ....if they are they county council tenants then did they sign a lease,an enforceable contract, with the county council or with you? Did you not establish the rights and duties of all the parties before entering into the arrangement in the first place?
    Excuse me if I'm a little suspicious as on three separate radio shows yesterday there were landlords on pleading hardship...and a raft of rather suspicious messages being posted in.. in the same vein.It all seemed a little bit too coordinated...(perhaps the work of Residential Landlords Association of Ireland ??)...how odd I thought given that The Social Democrats are presently trying to draft a bill to extend tenants rights.. just wondering like..
    The fact is that for the most part it is tenants who are being squeezed with many unwilling to enforce their rights due to the uncertainty and insecurity inherent with present day renting.

    Not sure if this is serious or not?? if it is, please take off the tin foil hat.. I know nothing of a concerted attempt by landlords to" screw tenants over"

    I have a contract with the council signed by the council,tenant and myself..
    It would seem that they are breaking the contract if they overhold as it states that they will find another property within the notice given if I ever terminated the tenancy.. and then the email today!!

    Hope that clears up your "confusion"

    I never accused the landlords association of trying to screw tenants over....just pointing out what may have been a coordinated attempt to sway public opinion in their favour...maybe you should pay more attention to what I read as well as the agreement you entered into....oh and to what you write as well as the second paragraph in your reply is incomprehensible .If they are in breach of contract point this out and then seek to enforce it as necessary.


  • Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 1,279 ✭✭✭The Student


    I know someone that happened to. Even with a Determination Order from the PRTB the Council told the tenant to stay put. He got some barrister onto it and they served the tenant with court documents which panicked the tenant and the council. The tenant was re-housed within a few weeks.

    If it was me I would still sue the council for any legal costs you incur.


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  • Registered Users, Registered Users 2 Posts: 9,474 ✭✭✭TheChizler


    If it was me I would still sue the council for any legal costs you incur.
    The council have no responsibility over the tenant, their only responsibility beyond placing a tenant in the property is paying rent and acting as guarantor for the rent.


  • Registered Users, Registered Users 2 Posts: 9,007 ✭✭✭mad m


    hawkelady wrote: »
    No cant sell it with the tenants in it.. It has to be vacant.

    Are you sure. DCC recently bought a house with a sitting tenant. The tenant is now a council tenant. House was bought close to City Centre


  • Registered Users, Registered Users 2 Posts: 6,299 ✭✭✭Claw Hammer


    mad m wrote: »
    Are you sure. DCC recently bought a house with a sitting tenant. The tenant is now a council tenant. House was bought close to City Centre

    A house can be bought with a sitting tenant but no bank will finance it. The price has to be reduced to entice a cash buyer.


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    mad m wrote: »
    hawkelady wrote: »
    No cant sell it with the tenants in it.. It has to be vacant.

    Are you sure. DCC recently bought a house with a sitting tenant. The tenant is now a council tenant. House was bought close to City Centre

    That's what the council told me when I asked if they are interested in buying so to save the hassle of the tenants upping sticks as it were. They said they might be interested but the place will have to be vacant before they consider it. It isn't DCC btw , but it's in Dublin.


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    TheChizler wrote: »
    If it was me I would still sue the council for any legal costs you incur.
    The council have no responsibility over the tenant, their only responsibility beyond placing a tenant in the property is paying rent and acting as guarantor for the rent.

    Why is the council then telling me that if they haven't found a suitable house for the tenant ,they will be overholding until they have somewhere for them.


  • Registered Users, Registered Users 2 Posts: 9,474 ✭✭✭TheChizler


    hawkelady wrote: »
    Why is the council then telling me that if they haven't found a suitable house for the tenant ,they will be overholding until they have somewhere for them.
    Giving you a heads up? They're possibly giving illegal advice to the tenant and maybe could be sued on that basis, but you can't hold them responsible for the actions of the tenant. Maybe claiming on the basis of illegal advice was what The Student was on about now that I think about it.


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  • Registered Users, Registered Users 2 Posts: 13,875 ✭✭✭✭mrcheez


    hawkelady wrote: »
    I'm selling up. I'd imagine that I'd still get paid cause it's the council. But I want to sell. I feel utterly betrayed by the council. What if I wanted to move back in the myself ?? Jesus , I can't wait to get out of being a landlord !!

    heh... yet another reason why I'd rather leave my place vacant than rent it out if I ever take up work stints abroad.


  • Registered Users, Registered Users 2 Posts: 18,976 ✭✭✭✭Bass Reeves


    hawkelady wrote: »
    I issued a termination notice to my tenants a number of weeks ago. They are on RAS , so are county council tenants. I received an email today from the council stating that if they cannot find them suitable accommodation in the same area they will be overholding !! They told me to check my notice of termination that it's in order as I'll need it when it goes to the RTB .. I was shocked at the manner of the county council put this email together .... it proves that landlords aren't protected whatsoever by them.
    They give you 20% below market rent but tell you you are secure with them. They effectively told me today that I'm to lodge a complaint with the RTB and the notice isn't even up for another two months.

    I think some have not read the OP's first post. I have highlighted the important bit. I be taking a copy of the email to a solicitor. This seems to indicate the council are complicit in being in breach of contract. If it was me I would get a legal opinion

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 9,007 ✭✭✭mad m


    hawkelady wrote: »
    Why is the council then telling me that if they haven't found a suitable house for the tenant ,they will be overholding until they have somewhere for them.

    I suppose the price of your house could be outside what the council will pay.


  • Registered Users, Registered Users 2 Posts: 9,007 ✭✭✭mad m


    hawkelady wrote: »
    Why is the council then telling me that if they haven't found a suitable house for the tenant ,they will be overholding until they have somewhere for them.

    Email council and state you will be taking legal action and from now on any correspondence will be through your solicitor.

    I bet the tenant wants a place in the area, while the council should just say we have a place and it’s here, or here, or here. Take it or leave it. Has your tenant got kids and they go to a local school in the area?


  • Registered Users, Registered Users 2 Posts: 4,973 ✭✭✭enricoh


    And they wonder why landlords are leaving in droves! Air bnb or let it through a multi national company Imo, anything else is pot luck!


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  • Registered Users, Registered Users 2 Posts: 37,305 ✭✭✭✭the_syco


    hawkelady wrote: »
    I received an email today from the council stating that if they cannot find them suitable accommodation in the same area they will be overholding !!
    Check with a solicitor over this, but I think maybe the council just gave you enough rope to hang them with? Don't show the CC your hand until after you talk to a solicitor.

    Also, ask your solicitor if you can use the sheriff to evict the family. If so, ask said solicitor if you can advise the the CC that you'll be evicting the tenants if they don't buy your house, with tenant inside?
    southstar wrote: »
    The fact is that for the most part it is tenants who are being squeezed with many unwilling to enforce their rights due to the uncertainty and insecurity inherent with present day renting.
    Tenants can overhold until evicted by a sheriff (that the LL has to pay for) after the LL goes through court (that the LL has to pay for), and as the tenant is on SW the LL will never see the thousands that they have lost in unpaid rent, court fee's, solicitors fees, sheriff fee's... and you say that unwilling to enforce their rights, when in fact they go beyond their rights?


  • Registered Users, Registered Users 2 Posts: 2,915 ✭✭✭cursai


    Would it not be prudent to turn off all utilities whilst the house is waiting to be sold. In case of fire or flooding. Just to be safe. You don't want any squatters in there starting a fire etc.


  • Registered Users, Registered Users 2 Posts: 19,040 ✭✭✭✭Del2005


    cursai wrote: »
    Would it not be prudent to turn off all utilities whilst the house is waiting to be sold. In case of fire or flooding. Just to be safe. You don't want any squatters in there starting a fire etc.



    It's completely illegal to turn off the water and utilities to squatters tenants who refuse to leave.

    The OP is doing everything by the book and the council have just told him they are going to overhold. The last thing the OP should be doing now is going anywhere near the property.


  • Registered Users, Registered Users 2 Posts: 2,915 ✭✭✭cursai


    Del2005 wrote: »
    It's completely illegal to turn off the water and utilities to squatters tenants who refuse to leave.

    The OP is doing everything by the book and the council have just told him they are going to overhold. The last thing the OP should be doing now is going anywhere near the property.

    Oh I see. Its funny how the law works.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    cursai wrote: »
    Oh I see. Its funny how the law works.

    Nothing funny about it for the landlord. Councils are doing this all the time and have yet to be sued by any landlord. They are not going to **** themselves when they get a solicitor's letter.


  • Posts: 0 [Deleted User]


    I wonder if the person in the council sending/dictating this email were to be held financially accountable for this overholding, would they be sending this sort of correspondence in the first place?

    It’s like they are happy to pass the buck to their legal dept and off their desk rather than do the work in finding somewhere else for the tenant. Or is it the tenant that should be looking?

    It stinks regardless.


  • Registered Users, Registered Users 2 Posts: 1,279 ✭✭✭The Student


    TheChizler wrote: »
    The council have no responsibility over the tenant, their only responsibility beyond placing a tenant in the property is paying rent and acting as guarantor for the rent.

    I think the Council are responsible, I did not have an opportunity to have a look at my lease but working from memory the council have the right to choose the tenant and if that tenant moves within the lease the council have the right to re-let the property to another tenant they choose.


  • Registered Users, Registered Users 2 Posts: 1,279 ✭✭✭The Student


    TheChizler wrote: »
    Giving you a heads up? They're possibly giving illegal advice to the tenant and maybe could be sued on that basis, but you can't hold them responsible for the actions of the tenant. Maybe claiming on the basis of illegal advice was what The Student was on about now that I think about it.

    I would be suing both parties for overholding as both are parties to the contract. I would not be suing the Council for illegal advise between the council and the tenant that is a matter for the tenant to decide if they were given illegal advise.

    From my perspective if I were in this situation following the outcome of the RTB hearing I would issue joint proceedings against the council and the tenant for overholding and breach of contract. I would almost guarantee you that upon receipt of pleadings to the councils legal dept (along with a copy of the email from the council that they suggested the tenant overhold) the council would not be long in moving the tenant out.


  • Registered Users, Registered Users 2 Posts: 1,357 ✭✭✭hawkelady


    I wonder if the person in the council sending/dictating this email were to be held financially accountable for this overholding, would they be sending this sort of correspondence in the first place?

    It’s like they are happy to pass the buck to their legal dept and off their desk rather than do the work in finding somewhere else for the tenant. Or is it the tenant that should be looking?

    It stinks regardless.

    The council told me that it's their responsibility to find adequate accommodation for them . As the tenants family is nearby and they have a child in school and they have no car they will have to be housed in the area they are in .. to be honest , property is at a premium in this particular area so I have a feeling the tenants have been told to stay put and don't fret !!
    The fact is I'll have to get a solicitor now and the cost that will entail, it makes me sad .. the only thing is that hopefully there is a light at the end of the tunnel which will see me out of this game altogether.


  • Registered Users, Registered Users 2 Posts: 2,915 ✭✭✭cursai


    hawkelady wrote: »
    The council told me that it's their responsibility to find adequate accommodation for them . As the tenants family is nearby and they have a child in school and they have no car they will have to be housed in the area they are in .. to be honest , property is at a premium in this particular area so I have a feeling the tenants have been told to stay put and don't fret !!
    The fact is I'll have to get a solicitor now and the cost that will entail, it makes me sad .. the only thing is that hopefully there is a light at the end of the tunnel which will see me out of this game altogether.

    I wonder, Are you still liable for the upkeep of the property as well?


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