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Outstanding rent, landlord contacts me a year later

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  • 11-10-2013 9:25am
    #1
    Registered Users Posts: 6


    Hello,

    I have been renting a room in Dublin, back a year ago in Dublin. When I moved in, I was told to hold off on the rent payment because the property is changing owners at this very moment.
    I also asked for a contract, which I have not been given. I never signed anything.

    I was told there is no real notice on leaving, all I have to do, is to find a new tenant that takes over my room, just like the guy did before me, and so on.

    I stayed there for 60 days, and then I moved out again. Found a new tenant who took over m room.

    During the 60 days I stayed there, I have never met the landlord nor heard from him. Never been given a contract, and never been given any bank details from the landlord. All I have been told, was to hold off with the payment.

    When I left the other tenants said, they themselves didn't pay any rent for the past 2 months, since all they heard was not to pay because there is a new owner now, and he will contact them.

    Exactly 12 months later, after I long left Ireland, I get an email from the supposedly new landlord, saying that he noticed I did not pay any rent during the 60 days I was there.
    I told him that this is correct, but we were told by the previous landlord that the new landlord would give us new instructions, contract and everything, thats the reason I didn't pay.
    I told him in the email I am happy to pay, but since I never met him, and this has all been 12 months back, I don't really have proof that he is the owner, so I would require a full contract, PPS number, name address of him and his property.

    In his reply, he refused to send me a contract, but demands that I pay the outstanding rent (2 x 500EUR) within 30 days, or he will will forward this to his solicitor. Additionally, he will hold the deposit of all tenant currently living there.

    If found this quite rude, not to mention that I don't really have proof that he really is who he said he is, and all of this has been 12 months back.
    Also I would not be able to just pay a 1000 Euro like that, it would need to be split into several payments.

    So what is the legal situation here? I don't want to be an ass here, because I did stay in the apartment for 60 days. However having someone 12 months later out of nowhere sending me an email claiming he is the new owner, and demanding the outstanding rent to be paid in 30 days, and treating with solicitor and also holding the deposit of other tenants although they all (what I assume) have independent contracts with the landlord. (not to mentioned I never signed anything, not been given any contract and now refuses to send me a contract).


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Comments

  • Registered Users Posts: 9,794 ✭✭✭sweetie


    He's chancing his arm, I wouldn't give him anything. Who is to know if another 'owner' gets in contact in a month asking for their thousand euro. Where would it end?


  • Registered Users Posts: 3,528 ✭✭✭gaius c


    Should have ignored the email and not responded at all so don't respond now.
    I entered the thread all set to give you a finger-wagging lecture on why you should pay your bills but it does seem to be a bit of a mess. 12 months...he deserves to lose the rent for being so slovenly with his business affairs.
    How did he get your email address? How is he going to get his solicitor after you when you're not even in the country?


  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Maria.34 wrote: »
    In his reply, he refused to send me a contract, but demands that I pay the outstanding rent (2 x 500EUR) within 30 days, or he will will forward this to his solicitor. Additionally, he will hold the deposit of all tenant currently living there.
    Tell him to contact your previous landlord, as you have no contract with the guy emailing you.


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


    I would be inclined to let him follow through on his threat to involve a solicitor to be honest. It sounds like an unholy mess of a situation, and I wouldnt even want to guess as to how you would begin to sort it. I seriously doubt that he would follow up legally, especially if you are no longer in the country, but perhaps if a solicitor does get involved then it might result in the situation being clarified. Basically, you owe the money to someone (it was a bit daft living somewhere for two months and making no attempt to settle rent before leaving; it was unlikely just to go away), but at this point the question is who do you owe the money to.


  • Registered Users Posts: 6 Maria.34


    I assume he had contact details of tenants who lived there at the time I lived there as well. Last I heard, several people I got to know that were living there, also left, even left Ireland by now.

    He doesn't have my address, nor do I live in Ireland, but in his last reply he asked for it, I quote
    Can you forward me your correspondence address as this matter has been forwarded to our Solicitors and papers must be served upon you.

    Oh, I kind of realised just now, that he wrote that he already contacted his solicitor. Strange... a few days ago in his email, he wrote I have 30 days to pay.

    I am aware that I owe someone 2 months rent. However with these kinds of treats and unfriendlyness, I feel like ignoring it all. Can he actually hold the deposit of other tenants? Even though everyone rents a room for themselves?


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  • Registered Users Posts: 6 Maria.34


    the_syco wrote: »
    Tell him to contact your previous landlord, as you have no contract with the guy emailing you.

    The problem is, I have no contract at all. I never met the old landlord, never met the new landlord. Never seen a lease, never been given bank details.

    When I went for the viewing, the current tenant at the time living there showed me the room, and said he moves out, and he is looking for someone to take over his room. He said the landlord will give me a new contract, and whenever I feel like moving out, all I have to do, is to find a new tenant for the room.

    Then when I moved in, the other tenants told me to hold off with the payment, since the property is changing ownership.
    And during the entire 60 days I was there, non of us ever heard from the landlord, nor was I given a contract.


  • Registered Users Posts: 18,480 ✭✭✭✭bucketybuck


    I wouldn't worry one second about this. This guy has nothing on you and is clearly just chancing his arm.


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


    If he wants to deal with you let him find you! Id be ignoring him to be honest.
    Can he actually hold the deposit of other tenants? Even though everyone rents a room for themselves?

    Im assuming that it was one of those situations where you took over from another tenant, you paid your deposit to them etc?

    Those situations are a nonsense in reality and are a mess to deal with. Technically speaking there has only ever been one tenant as far as the landlord is concerned (the first one). By "taking over" from the previous tenant the subsequent tenants inherit any issues that have gone with them. It becomes a dangerous game, and the last one in line is always likely to lose out, as any deductions that have to be made from the deposit for anything that has happened since the first tenant moved in will come from their deposit. So in this case, if there is unpaid rent then yes, its entirely possible that the current tenants will be the ones who lose their deposits to cover it.


  • Closed Accounts Posts: 4,180 ✭✭✭hfallada


    If he uses a solicitor it will cost him €150-200. Then it will be different to sue a person across the eu. I think he is all talk no action.


  • Registered Users Posts: 4,322 ✭✭✭Potatoeman


    You didnt sign anything and have no lease. I wouldnt worry about it. I thought there was a limit on how long a bill can be backdated. Anyone know?


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


    Maria.34 wrote: »
    Then when I moved in, the other tenants told me to hold off with the payment, since the property is changing ownership.
    And during the entire 60 days I was there, non of us ever heard from the landlord, nor was I given a contract.

    You really have created this situaiton for yourself to be honest. Its up to you to find out who the landlord is and who you are supposed to be paying rent to. Its not up to the other tenants to tell you to hold off on paying rent; it has to be paid to someone so its up to you to find out the whole story. I think you can count yourself lucky that you are not living in the country as they wont bother looking for you, but the whole tenancy wasnt handled well, by anyone involved.


  • Registered Users Posts: 4,322 ✭✭✭Potatoeman


    djimi wrote: »
    You really have created this situaiton for yourself to be honest. Its up to you to find out who the landlord is and who you are supposed to be paying rent to. Its not up to the other tenants to tell you to hold off on paying rent; it has to be paid to someone so its up to you to find out the whole story. I think you can count yourself lucky that you are not living in the country as they wont bother looking for you, but the whole tenancy wasnt handled well, by anyone involved.

    Wouldnt it be the landlords responsibility? They have no lease and never had contact with them.


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


    Potatoeman wrote: »
    Wouldnt it be the landlords responsibility? They have no lease and never had contact with them.

    Not necessarily. The landlord probably doesnt even know that the OP was living there.

    End of the day when you move in somewhere you expect to pay rent. If nobody gives you the details of where to pay, or if you are given some vague story by another tenant, you dont bury your head in the sand and hope that it all goes away; you find out what the story is and who you have to pay money to.


  • Registered Users Posts: 6 Maria.34


    djimi wrote: »
    You really have created this situaiton for yourself to be honest. Its up to you to find out who the landlord is and who you are supposed to be paying rent to. Its not up to the other tenants to tell you to hold off on paying rent; it has to be paid to someone so its up to you to find out the whole story. I think you can count yourself lucky that you are not living in the country as they wont bother looking for you, but the whole tenancy wasnt handled well, by anyone involved.

    I asked several times for a contract, as well as for the bank details. The girl living their longest, said the current landlord is selling the property, a few days later we received a letter addressed to all tenants, saying to hold off with the payment until the ownership is complete. He will then also hand out new contracts and bank details.
    This must have taken them more than 2 months, because by the time I left again, neither me nor any of the other tenants, received a new contracts or bank details.
    I definitely didn't try to dodge any payments, since I asked for it several times, however they never came back to us and I left my contact details (phone number, email address with the tenants living there).


  • Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    He has no contract to ground a claim on so cannot recover legally.

    He may not even had title during the period between the sale of the property and uncollected rent would be between him and previous landlord.

    He is all bluff. Block his email address and forget about it.

    He also has no legal basis to hold other people's deposits. Sounds like a bit of a bully.


  • Closed Accounts Posts: 2,592 ✭✭✭drumswan


    djimi wrote: »
    You really have created this situaiton for yourself to be honest. Its up to you to find out who the landlord is and who you are supposed to be paying rent to.
    Nonsense, its the landlords responsibility to manage his business and provide payment details to the tenant. What business would provide a service and not bother to bill the customer? There was no contract here, not even a verbal one.


  • Registered Users Posts: 4,322 ✭✭✭Potatoeman


    djimi wrote: »
    Not necessarily. The landlord probably doesnt even know that the OP was living there.

    End of the day when you move in somewhere you expect to pay rent. If nobody gives you the details of where to pay, or if you are given some vague story by another tenant, you dont bury your head in the sand and hope that it all goes away; you find out what the story is and who you have to pay money to.

    The same goes for the landlord.


  • Registered Users Posts: 42 Youredeadright


    I asked several times for a contract, as well as for the bank details. The girl living their longest, said the current landlord is selling the property, a few days later we received a letter addressed to all tenants, saying to hold off with the payment until the ownership is complete. He will then also hand out new contracts and bank details.
    This must have taken them more than 2 months, because by the time I left again, neither me nor any of the other tenants, received a new contracts or bank details.
    I definitely didn't try to dodge any payments, since I asked for it several times.

    Yeah- I'm with you on this one. It looks as though all this new landlord has about you is your name and e-mail address, which makes sense as you didn't sign any contract/lease. And they're being really hardball about it considering most of this mess up is their own fault.If you don't have a problem with it just leave it go - no contract was signed so legally you don't owe them anything, there's no way I can see they can force you to pay.


  • Registered Users Posts: 456 ✭✭metroburgers


    Maria.34 wrote: »
    Hello,

    I have been renting a room in Dublin, back a year ago in Dublin. When I moved in, I was told to hold off on the rent payment because the property is changing owners at this very moment.
    I also asked for a contract, which I have not been given. I never signed anything.... etc

    While reading your post I incurred electricity/heat/accom charges, please forward me your postal address so my solicitor can pursue these costs.

    Landlord has no legal grounds to pursue you, end of.


  • Registered Users Posts: 387 ✭✭Ascii


    I wouldn't worry one second about this. This guy has nothing on you and is clearly just chancing his arm.


    +1. Nothing will come of this. His solicitor will probably tell him to cop the [EMAIL="f*@k"]f*@k[/EMAIL] on


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  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    You owe the rent pay it.

    There is absolutely no need for any contract at the time or now.


  • Closed Accounts Posts: 2,592 ✭✭✭drumswan


    Ray Palmer wrote: »
    You owe the rent pay it.

    There is absolutely no need for any contract at the time or now.
    Lol, do you send a thousand euro to everyone who emails you asking for it? I now a certain Nigerian prince who might need your help.


  • Registered Users Posts: 42 Youredeadright


    Ray Palmer wrote: »
    There is absolutely no need for any contract at the time or now.

    This situation is exactly when a contract is needed.


  • Posts: 0 [Deleted User]


    Ray Palmer wrote: »
    You owe the rent pay it.

    There is absolutely no need for any contract at the time or now.

    There is always need for a contract.

    In fact, every time anything is bought or sold, a contract exists.

    However, law stipulates a written contract is needed for property transactions such as the OP's, which was not given.

    It is the vendor's responsibility to ask for payment, and the method of doing so. The OP requires proof that the person contacting him is the rightful vendor, which should be forthcoming.

    OP, insist on proof of ownership, and if you get this proof, then OU pay. Tone of voice, looking for him to be "nice" has nothing to do with it. The only scenario where you could completely ignore it is if you're sure you'll never enter Irish juristiction again.


  • Registered Users Posts: 18,480 ✭✭✭✭bucketybuck


    Ray Palmer wrote: »
    You owe the rent pay it.

    From a legal standpoint, the OP does not in fact owe the rent. There is no contract between the OP and the guy who sent the email, and as such there is no rent to owe.


  • Registered Users Posts: 23,532 ✭✭✭✭ted1


    Maria.34 wrote: »
    Hello,

    I have been renting a room in Dublin, back a year ago in Dublin. When I moved in, I was told to hold off on the rent payment because the property is changing owners at this very moment.
    I also asked for a contract, which I have not been given. I never signed anything.

    I was told there is no real notice on leaving, all I have to do, is to find a new tenant that takes over my room, just like the guy did before me, and so on.

    I stayed there for 60 days, and then I moved out again. Found a new tenant who took over m room.

    During the 60 days I stayed there, I have never met the landlord nor heard from him. Never been given a contract, and never been given any bank details from the landlord. All I have been told, was to hold off with the payment.

    When I left the other tenants said, they themselves didn't pay any rent for the past 2 months, since all they heard was not to pay because there is a new owner now, and he will contact them.

    Exactly 12 months later, after I long left Ireland, I get an email from the supposedly new landlord, saying that he noticed I did not pay any rent during the 60 days I was there.
    I told him that this is correct, but we were told by the previous landlord that the new landlord would give us new instructions, contract and everything, thats the reason I didn't pay.
    I told him in the email I am happy to pay, but since I never met him, and this has all been 12 months back, I don't really have proof that he is the owner, so I would require a full contract, PPS number, name address of him and his property.

    In his reply, he refused to send me a contract, but demands that I pay the outstanding rent (2 x 500EUR) within 30 days, or he will will forward this to his solicitor. Additionally, he will hold the deposit of all tenant currently living there.

    If found this quite rude, not to mention that I don't really have proof that he really is who he said he is, and all of this has been 12 months back.
    Also I would not be able to just pay a 1000 Euro like that, it would need to be split into several payments.

    So what is the legal situation here? I don't want to be an ass here, because I did stay in the apartment for 60 days. However having someone 12 months later out of nowhere sending me an email claiming he is the new owner, and demanding the outstanding rent to be paid in 30 days, and treating with solicitor and also holding the deposit of other tenants although they all (what I assume) have independent contracts with the landlord. (not to mentioned I never signed anything, not been given any contract and now refuses to send me a contract).

    OK, firstly uo do acknowledge that the rent is owed.

    so what you do is look up the property price register and see when the house was sold. ( I am persumming that a new landlord implies it was sold) pay him the pro rata amount owed from the date the house was sold.


  • Registered Users Posts: 456 ✭✭metroburgers


    ted1 wrote: »
    OK, firstly uo do acknowledge that the rent is owed.

    so what you do is look up the property price register and see when the house was sold. ( I am persumming that a new landlord implies it was sold) pay him the pro rata amount owed from the date the house was sold.

    Nonsense...You have no contract with Landlord, regardless if you emailed him acknowledging you owe rent.


  • Registered Users Posts: 7,865 ✭✭✭Grumpypants


    ted1 wrote: »
    OK, firstly uo do acknowledge that the rent is owed.

    so what you do is look up the property price register and see when the house was sold. ( I am persumming that a new landlord implies it was sold) pay him the pro rata amount owed from the date the house was sold.

    The OP has been trying to pay for a year making numerous attempts to get contracts/bank details from the landlord. All he wants now is proof that this random emailer that appeared out of the blue 12 months later is the new landlord before he sends him a grand. The OP is making a very simple request. a postal address to send the money too and a pps number to cross reference that he is the land lord.

    Since the landlord is refusing to give him this info the OP can't pay him.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    From a legal standpoint, the OP does not in fact owe the rent. There is no contract between the OP and the guy who sent the email, and as such there is no rent to owe.


    You don't need a written contract to rent in Ireland. There is a contract just not written.

    If he doesn't pay it is exactly the same as theft.


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  • Registered Users Posts: 456 ✭✭metroburgers


    Ray Palmer wrote: »
    You don't need a written contract to rent in Ireland. There is a contract just not written.

    If he doesn't pay it is exactly the same as theft.

    :pac: Actually, you're completely right. OP needs to turn herself in and begin extradition proceedings. How dare she....


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