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Seeking rent arrears from third parties

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  • 21-03-2012 7:53pm
    #1
    MariMel
    Registered Users Posts: 323 ✭✭


    I was wondering if someone could shed some light on whether or not a landlord can actually ask/insist that a third party to make up rent arrears?
    Or if a tenancy is solely between the LL and the tenant and all issues should be addressed between them.
    By third party I do not mean a legal route or the prtb....I mean friends of the tenant or family members.


Comments

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    #2
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    They can certainly ask, but unless the third party has specifically agreed to be a guarantor then they have no leg to stand on.


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    #3
    snubbleste
    Banned (with Prison Access) Posts: 31,117 ✭✭✭✭snubbleste


    They can ask all they like.


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    #4
    WIZE
    Closed Accounts Posts: 3,597 ✭✭✭WIZE


    all issues should be addressed between the Landlord and the tennent in the contract. Why would a landlord have to chase up a third party .


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    #5
    MariMel
    Registered Users Posts: 323 ✭✭MariMel


    I'm moving tomorrow and got the first bit of contact from my LL today since I handed my notice in 5 weeks ago. They are saying that they will collect the keys and all rents due.
    I know it is not usually permitted, but I asked if i could use the deposit as the last months rent. The LL agreed. All other rent was paid up to date as I handed my notice in on rent day. The LL also got 2 weeks RA paid directly to them. Those 2 weeks RA was used to pay for the 5th week of my 5 weeks notice. There is an overpayment to the LL of €25, but I will not chase that up if its not forthcoming.
    Anyway, the LL is insisting I owe rent, whereas I am adamant that I dont.

    I ask if they can call to a third party as the LL did so xmas week as the rent was short. The monthly rent form wasnt sent in by the LL, and I didnt know that the RA had been stopped til the LL said they hadnt gotten it. (they hadnt checked for a few weeks) I only had my balance of the rent but they wanted full rent. Was xmas week and to be told to find €300 out of the blue was a shock. Anyway, they asked around til they found out where my family lived and went and demanded the money from them. I also dont want to give them my new address either. Dont want them causing a scene there either.

    Even if i did owe money.....which I dont.......i dont want them hassling my family.


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    #6
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Tell your family to report him to the Gardai for harrassment. There are legal procedures that must be followed if he thinks that he is owed money; hassling your family is not one of them.

    The landlord deals with you and you only. No other party comes into it. Make sure your parents contact the Gardai each and every time he contacts them looking for you or looking for money.


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    #7
    MariMel
    Registered Users Posts: 323 ✭✭MariMel


    The LL is saying they want the last months rent tomorrow when I leave when initially they agreed to accept the deposit in lieu of that rent.


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    #8
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    MariMel wrote: »
    The LL is saying they want the last months rent tomorrow when I leave when initially they agreed to accept the deposit in lieu of that rent.

    Did you get that agreement in writing? Because if you didnt then it doesnt exist. The only thing that counts is what you have in writing Im afraid.

    The landlord is being pretty stupid at this stage though; theres not much point asking for the last months rent the day you are leaving. May as well meet him at the house, let him inspect the place and argue over how much he wants to deduct from the "deposit" (ie how much he wants you to give him for repairs etc).


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    #9
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    MariMel wrote: »
    I was wondering if someone could shed some light on whether or not a landlord can actually ask/insist that a third party to make up rent arrears?
    No. About the only exception would be someone under 18 or some other guarantor case.

    Asking friends or family could be construed as an invasion of privacy or a breach of the Data Protection Act. Doing so incorrectly, could be construed as defamation.

    Make sure you have all your post diverted. You can have it automatically diverted for a fee.


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    #10
    MariMel
    Registered Users Posts: 323 ✭✭MariMel


    djimi wrote: »
    Did you get that agreement in writing? Because if you didnt then it doesnt exist. The only thing that counts is what you have in writing Im afraid.

    The landlord is being pretty stupid at this stage though; theres not much point asking for the last months rent the day you are leaving. May as well meet him at the house, let him inspect the place and argue over how much he wants to deduct from the "deposit" (ie how much he wants you to give him for repairs etc).

    Without having an inventory...I know I should have asked....... (gotten detailed one for house i am moving into tomorrow from my new LL and added things she hadnt noticed too...all approved and signed, photos taken etc)........I dont want to this LL saying I did things that I didnt etc.
    Eg:I never used the oil central heating and got someone to try it today but it doesnt work.....can they say I need to pay for it to be fixed when I never used it but it was shown to be working the day I moved in????

    As for the way I am leaving the house, my two friends who have helped me move are both landlords themselves and they are saying i am going over and above what they would expect.
    The LL is saying the house has to be spotless the way I got it....which is crazy.....if i left it the way I got it, Id have stopped cleaning by now and not just taking a break to go online for a while.


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    #11
    MariMel
    Registered Users Posts: 323 ✭✭MariMel


    one last thing......
    Can the LL turn up here at any time tomorrow or do they have to let me know what time they will be arriving at? Surely I should get notice other than....."see you tomorrow"???


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


    MariMel wrote: »
    Without having an inventory...I know I should have asked....... (gotten detailed one for house i am moving into tomorrow from my new LL and added things she hadnt noticed too...all approved and signed, photos taken etc)........I dont want to this LL saying I did things that I didnt etc.
    Eg:I never used the oil central heating and got someone to try it today but it doesnt work.....can they say I need to pay for it to be fixed when I never used it but it was shown to be working the day I moved in????

    As for the way I am leaving the house, my two friends who have helped me move are both landlords themselves and they are saying i am going over and above what they would expect.
    The LL is saying the house has to be spotless the way I got it....which is crazy.....if i left it the way I got it, Id have stopped cleaning by now and not just taking a break to go online for a while.

    You are required to leave the house in the same condition as you got it except for normal wear and tear. Dirty, floors, appliances etc should be cleaned. Grease etc is generally not normal wear and tear.

    How did you keep the property warm during the winter, to help avoid freezing pipes, if you did not use the central heating?


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


    MariMel wrote: »
    one last thing......
    Can the LL turn up here at any time tomorrow or do they have to let me know what time they will be arriving at? Surely I should get notice other than....."see you tomorrow"???

    For any other visit they are expected to give a minimum of 24 hours notice and arrange a time that suits you. Im not sure if its the same for the day you are moving out; Id imagine its up to you to arrange a time that is mutually convenient. Youll be handing back the keys so you need to know a definite time to expect him.


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    #14
    MariMel
    Registered Users Posts: 323 ✭✭MariMel


    odds_on wrote: »
    You are required to leave the house in the same condition as you got it except for normal wear and tear. Dirty, floors, appliances etc should be cleaned. Grease etc is generally not normal wear and tear.

    How did you keep the property warm during the winter, to help avoid freezing pipes, if you did not use the central heating?

    grease is not normal wear and tear......my guess when i moved in was that the ovens never saw a sponge or a drop of cleaner from day they were put in!!!
    Took me two goes of leave-on oven cleaner, rubber gloves and a kettle of boiling water to get them remotely usable. Ive cleaned all the cupboards and hob etc, washed the windows/glass doors.......brushed down all the sofa/chairs etc to remove any remaining dog hair after hoovering.....only have the downstairs floors to wash and the shower(which I'll do in morning after i use it) Every item that was in the house when I moved in.....even the pile of 3 yr old newspapers......are still here(i put everything into tall cupboard I wasnt using)

    As for not using the oil heating.....i could never afford to get it filled, the minimum fill round here was €280 so I bought coal every week to heat the living room and kitchen. Moved my childs bed into my room and heated that one room. Thankfully it was a mild winter and there was only one morning there was frost where I live....even when 100yards away there was frost. No idea how I escaped but I did.

    Djmi....I want to finish things off here in morning before the LL arrives.....have my stuff moved out etc. I also dont want to have to hang around all day either. Ive text and asked.....but havent heard anything, Dont think I will tonight.


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