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Advice on renting house repossessed by landlord

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  • 22-08-2012 11:25am
    #1
    Registered Users Posts: 24


    Hi there,

    Just got back from holidays yesterday and paid my landlord late because I was on holiday when it was due, he came over to the house, I paid him in cash, he filled out my rent book and left.

    4 hours later 2 people come to the door and say the house is no longer owned by the landlord and under no circumstances are we to give him any more money (they seemed surprised he came to collect rent). The money will be paid directly to them and they're sending a lock smith over to change to locks today.

    I think they said they're a receiver or working on behalf of a receiver (their business card says their a finance and property agency) and that the bank now owns the property.

    I just wanted to know if someone could give me a bit of advice on what my rights are, the two people seemed to be juggling between saying you will eventually have to move as the bank will be looking to sell and saying you can stay as that could be a long time away before things are sorted and that they have to give 4 weeks notice.

    The lease agreement was on word of mouth, are we entitled to staying for at least a set period of time?

    I'm going to go to the office and get things clarified but I don't think either parties are looking out for me so thought I'd get some impartial advice here.

    Thanks


Comments

  • Registered Users Posts: 1,644 ✭✭✭wench


    Give Threshold a call, they'll be able to advise you of your rights.
    http://www.threshold.ie/

    It sounds like you're on a part 4 tenancy, so you can be asked to leave if the property is being sold, but they would have to give you notice.


  • Registered Users Posts: 13 dustyie


    Hi there,

    Just got back from holidays yesterday and paid my landlord late because I was on holiday when it was due, he came over to the house, I paid him in cash, he filled out my rent book and left.

    4 hours later 2 people come to the door and say the house is no longer owned by the landlord and under no circumstances are we to give him any more money (they seemed surprised he came to collect rent). The money will be paid directly to them and they're sending a lock smith over to change to locks today.

    I think they said they're a receiver or working on behalf of a receiver (their business card says their a finance and property agency) and that the bank now owns the property.

    I just wanted to know if someone could give me a bit of advice on what my rights are, the two people seemed to be juggling between saying you will eventually have to move as the bank will be looking to sell and saying you can stay as that could be a long time away before things are sorted and that they have to give 4 weeks notice.

    The lease agreement was on word of mouth, are we entitled to staying for at least a set period of time?

    I'm going to go to the office and get things clarified but I don't think either parties are looking out for me so thought I'd get some impartial advice here.

    Thanks
    Legally the tenancy agreement is with the landlord until a court direct you pay someone else. Must be in writing and instructed by a judge


  • Registered Users Posts: 4,305 ✭✭✭Zamboni


    4 hours later 2 people come to the door and say the house is no longer owned by the landlord and under no circumstances are we to give him any more money (they seemed surprised he came to collect rent). The money will be paid directly to them and they're sending a lock smith over to change to locks today.

    I think they said they're a receiver or working on behalf of a receiver (their business card says their a finance and property agency) and that the bank now owns the property.

    Could. Be. Anybody.

    Threshold or legal advice tbh.


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


    Zamboni wrote: »
    Could. Be. Anybody.

    Threshold or legal advice tbh.

    Indeed. I would be looking for full legal documents to back up their claim or you dont engage them in any futher discussions. These people could be anyone at all trying to pull a fast one.

    You dont mention it but can we assume that you have spoken with your landlord about this?


  • Registered Users Posts: 24 captain_d0nkey


    Phoned threshold there, they said to contact the landlord, rang him and told him and he said yes I'm having trouble with the bank those guys will take over from here, obviously he was trying to get as much from me before the bubble burst. We were given documents last night stating that the house was now under control of the receiver, the two people last night said they had posted those documents in my letter box while I was on holiday which were not in the apartment when I got back so it suggests the landlord took them.

    I just wonder if I'm still in the position to be able to stay in the apartment for an agreed period of time with this agency, I don't really want to live there if I can be told to move at a months notice. Although the lease agreement between myself and the landlord was verbal does the agency still have to respect that?


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


    Theres no such things as a verbal agreement. If you dont have a written fixed term lease then you are on a part 4 tenancy and always were (once you were in the place 6 months). This means that they can ask you to leave if the place is to be sold, but they must give you the appropriate notice based on how long you have been living there.

    I would imagine you are probably safe enough there for the foreseeable future. Unless the bank find a buyer for the place right away then I dont see any reason why they wouldnt want you in there paying rent while they sort everything out, which could take a long time.


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