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Rented house being repossessed... advice?!

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  • 02-02-2012 9:55pm
    #1
    January
    Closed Accounts Posts: 23,862 ✭✭✭✭


    Sister in law just got a knock on her (rented) accommodation, telling her the house is being repossessed, don't know much more than that at the moment... obviously landlord either didn't tell the bank he was leasing and wasn't paying the mortgage or just wasn't paying the mortgage and the bank knew...

    She has 6 months left on the lease, what rights does she have!?


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    #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    If it is a Fixed Term lease then she can stay until it expires. At the end of the fixed term she could also claim her Part 4 rights and stay in the property. The re-possessor would then have to issue a Notice of Termination which would give her at least another month or so in the property if she wanted.

    However, they may be quite happy receiving the rent instead of trying to sell the property immediately.

    If they really wanted her to leave, she could let them buy out the lease to her advantage - the value of a couple of months' rent, for example.


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    #3
    Slydice
    Registered Users Posts: 10,501 ✭✭✭✭Slydice


    Sounds like a pretty awkward situation.

    If she moved to part 4 tenancy and the old/new(bank) landlord wants her out then this page:
    http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html
    says:
    Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:
    If the landlord intends to sell the property

    To be honest, I'd recommend she contact the old and new(bank?) landlords and see what their opinion on her staying on is.

    As it's such a crap situation, it'd probably be a good idea to start looking for somewhere to move to in case the landlords won't let her stay on.


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    #4
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    odds_on wrote: »
    If it is a Fixed Term lease then she can stay until it expires. At the end of the fixed term she could also claim her Part 4 rights and stay in the property. The re-possessor would then have to issue a Notice of Termination which would give her at least another month or so in the property if she wanted.

    However, they may be quite happy receiving the rent instead of trying to sell the property immediately.

    If they really wanted her to leave, she could let them buy out the lease to her advantage - the value of a couple of months' rent, for example.
    This is not a sale. The bank will be looking for an order for possession in the courts. When the order is granted anyone who does not give up possession may be imprisoned for contempt of court. She has the right to be heard in court and she should be served with all proceedings.


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    #5
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    I hate suggesting this, but might be an idea to stop paying rent. Nobody is going to evict you (more than likely) and the rent isn't benefitting the likely ultimate owner anyway (the bank). Why line a rogue's landlord's pockets?


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    #6
    Marcusm
    Registered Users Posts: 10,320 ✭✭✭✭Marcusm


    bath handle wrote: »
    This is not a sale. The bank will be looking for an order for possession in the courts. When the order is granted anyone who does not give up possession may be imprisoned for contempt of court. She has the right to be heard in court and she should be served with all proceedings.

    Is the ownership interest on which the bank is seeking to foreclose not subject to any burdens which the current holder has created in respect of that interest, i.e. any leases or subleases which he has lawfully created. Surely the bank is only entitled to recover the existing owners interest in the land which, in this case, is subordinate to the current possession of the property by the lessee or sub lessee?


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    #7
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Marcusm wrote: »
    bath handle wrote: »
    This is not a sale. The bank will be looking for an order for possession in the courts. When the order is granted anyone who does not give up possession may be imprisoned for contempt of court. She has the right to be heard in court and she should be served with all proceedings.

    Is the ownership interest on which the bank is seeking to foreclose not subject to any burdens which the current holder has created in respect of that interest, i.e. any leases or subleases which he has lawfully created. Surely the bank is only entitled to recover the existing owners interest in the land which, in this case, is subordinate to the current possession of the property by the lessee or sub lessee?
    What the banks look for and get in the courts is an order forThe mortgage defaulters interest is superior to the tenants and once his interest is destroyed the possession. Everybody in occupation must be served wtenants interest is also destroyed.ith a notice of the proceedings. It is a matter of the tenant going to court and telling their story as, once the order for possession is made it applies to all.


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    #8
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    3DataModem wrote: »
    I hate suggesting this, but might be an idea to stop paying rent. Nobody is going to evict you (more than likely) and the rent isn't benefitting the likely ultimate owner anyway (the bank). Why line a rogue's landlord's pockets?
    Agreed. Also, use the rent that you're not paying as the deposit.


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    #9
    mrmitty
    Registered Users Posts: 80 ✭✭mrmitty


    3DataModem wrote: »
    I hate suggesting this, but might be an idea to stop paying rent. Nobody is going to evict you (more than likely) and the rent isn't benefitting the likely ultimate owner anyway (the bank). Why line a rogue's landlord's pockets?


    Its a little premature to call the landlord a "rogue" Without hearing his side of the story, don't you think?


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    #10
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    3DataModem wrote: »
    I hate suggesting this, but might be an idea to stop paying rent. Nobody is going to evict you (more than likely) and the rent isn't benefitting the likely ultimate owner anyway (the bank). Why line a rogue's landlord's pockets?

    Depends if she wishes to stay in the place for the rest of the fixed term. As is stands the fixed term lease means she can stay until it expires, regardless of what happens. Stop paying rent and she is giving the landlord a valid reason to evict.


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    #11
    UDP
    Closed Accounts Posts: 1,188 ✭✭✭UDP


    Went through a similiar thing. Someone from the high court showed up at my door (unannounced - and also without ID I might add) to say that AIB were taking legal action against my landlord. He said that it is normally a very long drawn out affair that takes 6 months plus and tenants are always looked after in that plenty of time is given to them to find another place if it comes to that.

    I contacted the landlord and he explained what was going on. He had a lot of shares in Anglo which were used as security against the property! :eek:

    This all happened about 3-4 months before the end of my lease and I stayed until the end of the lease and moved then as I knew it was enevitable that I would have to move anyway as the landlord.

    Main point is that these things take a long time and the tenant is always considered so nobody will be thrown out a short notice.

    OP, is the place registered with the PRTB? She should make sure it is.


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    #12
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    Depends if she wishes to stay in the place for the rest of the fixed term. As is stands the fixed term lease means she can stay until it expires, regardless of what happens. Stop paying rent and she is giving the landlord a valid reason to evict.

    I agree with djimi, as I also said in my post #2.

    Assuming that a bank is the re-possessor:
    It she continues to pay the rent, the bank will probably be very happy to receive that until the end of the lease. For them it would be a lot less expensive to keep a tenant for a few months than to try to have them removed.
    However, as it is a fixed term lease I think the bank would fail in having the fixed term lease terminated prior to the end of the lease, if the tenant is not in breach of the lease terms and conditions. Failure to pay the rent would be a breach and she could be evicted after about 6 weeks.
    The bank may be willing to accept an early termination of the lease if she wanted to move out early.

    Repossession orders where there are tenants who are on a fixed term lease are costly and time consuming as well as not being in the general interests of all concerned. This is one of the reasons a bank should be notified if a home-owner is renting out their property.


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    #13
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    mrmitty wrote: »
    3DataModem wrote: »
    I hate suggesting this, but might be an idea to stop paying rent. Nobody is going to evict you (more than likely) and the rent isn't benefitting the likely ultimate owner anyway (the bank). Why line a rogue's landlord's pockets?


    Its a little premature to call the landlord a "rogue" Without hearing his side of the story, don't you think?

    My definition of "rogue" includes "not paying mortgage". I agree there may be special circumstances etc, but still little or no reason to pay him/her.


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    #14
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    djimi wrote: »
    3DataModem wrote: »
    I hate suggesting this, but might be an idea to stop paying rent. Nobody is going to evict you (more than likely) and the rent isn't benefitting the likely ultimate owner anyway (the bank). Why line a rogue's landlord's pockets?

    Depends if she wishes to stay in the place for the rest of the fixed term. As is stands the fixed term lease means she can stay until it expires, regardless of what happens. Stop paying rent and she is giving the landlord a valid reason to evict.

    Absolutely, but as I said in this situation it is very unlikely that the tenant will be pursued by the landlord. And if eviction is threatened... then just pay.


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