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New landlord liable for old rates?

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  • 15-08-2013 6:25pm
    #1
    Mickk
    Registered Users Posts: 1,001 ✭✭✭


    Hi,

    if a person buys a building and finds out after a month that one of the tenants is 4 years behind on the rates and is about to go out of business is the new landlord liable for the 4 years of rates (considering they have only owned the building for a month?)


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    #2
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Legally the tenant remains liable for the rates but when the tenant leaves the NEXT tenant becomes liable for the rates (including arrears) so it can make letting the unit out impossible as no tenant will want to take on a property with rates arrears. So long as the property remains empty however (assuming a bona fide attempt to let at market rates has been made) the LL can apply for a rebate for this period.

    Depending on the local authority you might be able to get the arrears written off. I've had tenant's arrears written off by SDCC, but they are fairly pragmatic about the whole rates business. Officially to claim a rebate for vacant premesis, the LL is supposed to first pay the (possibly very substantial) rates and then apply for a rebate. SDCC allow LLs to apply for a straightforward waiving of the rates as they know many LLs simply don't have the money to be playing that game. I've read stories of other councils (Wexford IIRC being one) that are sheer bloody minded and are more than happy to see units lie idle because they wouldn't write off rates arrears owed by long since departed tenants who'd gone bust.

    Contact the rate collector for your area and have a chat.


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