Rented House Repossessed - Muddle :(

Julietta

Hi all

Some urgent advice needed, have gotten myself into a bit of a pickle Sold my apt, moving out date is Monday 26th - after a long search, I found the perfect house to rent, paid 2 months rent as a deposit, got the keys last week and started moving my stuff in, absolutely chuffed with myself.....until last night when the landlord rang to say a bank is repossessing his house and I couldn't live there any more. Was beyond stunned, just didn't know what to say. My first concern was where are my son and I supposed to go, my second concern was my deposit. Landlord has said he will refund my deposit in full, I have absolutely no idea if he will do this, I just have to take him at his word, but it doesn't solve my immediate problem of having nowhere for my son and I to live.

Landlord reckons it will take a while for the bank to actually repossess the house and that I should continue on moving in just to buy myself some time while I look for somewhere else, I really don't have any other option. What I am asking is whether a bank will consider renting the house to me anyway or do banks normally place a repossessed house on the market a.s.a.p.? Do I have any rights as I have paid 2 months rent? Would Threshold be able to advise me here? If the landlord refunds my deposit, does this negate any rights I may have?

Thanks in advance, am absolutely glum about this and way out of my depth.

Juliette

professore

I would say move in for the moment but under no circumstances pay any rent - at least until your deposit is cleared. It will take months for anyone to get you out anyway and I would say you are extremely unlikely to get your deposit back. The bank can't just throw you out especially when you have a child. Speak to a solicitor.

Ste.phen

Technically, if you have a lease in place, isn't the bank now your landlord?
You should talk to someone more knowledgeable about these things, I'd recommend Threshold.
I have seen it mentioned here before that if a property is sold (don't know about repossessed) with a tenant in place, that tenant is entitled to stay put and the new owner inherits you as a tenant.

Uncle Junior

Two comments: (1) if you do move, do not take #2's advice regarding non-payment of rent. The Residential Tenancies Act 2004, under which the PRTB was established, makes it absolutely clear that there's a legal obligation on a renter to pay rent, even in the event of - for instance - a dispute with the landlord, just as there's an obligation on the LL to return the deposit, to let the tenant live in peace, etc etc. Of course, when these obligations are not respected cases go to the PRTB and, as a non-paying tenant, you could ultimately find yourself the subject of a Court Order. So, bottom line, pay the rent, it means you will stand on firm ground should you ever need to take a case yourself to the PRTB.

(2) House repossessions are much rarer here than in the UK and banks make every effort to avoid getting to that final stage so the very fact that the owner has a paying tenant in situ could well be enough to stave off any threat of repossession.

Victor

Can I also suggest that you talk to the PRTB.

www.prtb.ie
www.threshold.ie

If you are paying any further money to the landlord, you need to know that he still owns it.

Mrs OBumble

Julietta wrote: »

Hi all

Some urgent advice needed, have gotten myself into a bit of a pickle Sold my apt, moving out date is Monday 26th - after a long search, I found the perfect house to rent, paid 2 months rent as a deposit, got the keys last week and started moving my stuff in, absolutely chuffed with myself.....until last night when the landlord rang to say a bank is repossessing his house and I couldn't live there any more.

Are the bank repossessing the house that you have rented? Or the house that the landlord is current living in meaning that he wants to move into the house that you have rented?

If it's the latter case, I think he has to give you six weeks notice. If it's the former ... not sure ... but probably the bank would like it to be tenanted so you may well be able to stay.