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Question on Rates

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  • 03-10-2012 12:36pm
    #1
    Registered Users Posts: 3,216 ✭✭✭


    Quick question.

    If someone is leasing a shop in a shopping centre, and they go out of business and don't pay an outstanding rates bill, is the landlord/owner of the shopping centre then responsible for that rates bill?

    Thanks.


Comments

  • Registered Users Posts: 7,545 ✭✭✭Tow


    AFAIK It is the next person to take over the lease, which is why you should check that rates have been full paid before signing a lease.

    When is the money (including lost growth) Michael Noonan took in the Pension Levy going to be paid back?



  • Registered Users Posts: 33 weirdear


    Ultimately the tenant is responsible. However if the tenant company is gone into Liquidation then the rates collector will look for the landlord to cover the bill.
    A new tenant will not be responsible for the legacy of another (his solicitor will request confirmation that the rates are paid up to date prior to allowing his client complete a lease).


  • Registered Users Posts: 3,216 ✭✭✭cojomo2


    weirdear wrote: »
    Ultimately the tenant is responsible. However if the tenant company is gone into Liquidation then the rates collector will look for the landlord to cover the bill.
    A new tenant will not be responsible for the legacy of another (his solicitor will request confirmation that the rates are paid up to date prior to allowing his client complete a lease).

    So they have to be paid by someone. ? I.e if a tenant moves out and the shop is empty for a year, the council won't write off the bill, so ultimately they will collect it off the landlord?

    Sorry- just to add to my original question- If a tenants lease comes to an end say, in January..who is responsible for the rates bill for that year- can it be pinned on the tenant?


  • Registered Users Posts: 838 ✭✭✭lucky john


    cojomo2 wrote: »
    So they have to be paid by someone. ? I.e if a tenant moves out and the shop is empty for a year, the council won't write off the bill, so ultimately they will collect it off the landlord )

    Not in all cases. Councils may apply the rules differently. If the property becomes vacent and the landlord advertises it again as "available to rent" they will not look for the rates from him.


    "Sorry- just to add to my original question- If a tenants lease comes to an end say, in January..who is responsible for the rates bill for that year- can it be pinned on the tenant?

    rates are normally struck in January. Who ever is the tenent on that day is responsable for the rates. If, say that tenant leaves in May and a new one takes over in October then the new one may only be liable from then. However if the new tenant takes over in January the following year they become liable for the previous tenants rates.
    As I said before this is not the way all councils apply the rules. Before taking out any lease contact your local council and clarify where you stand (in writing).


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