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Civil Bill for Possession

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  • 11-10-2014 7:48pm
    #1
    BOBIDGE
    Registered Users Posts: 143 ✭✭


    We have rented our property for the past 6 months. Tonight we answered the door to a representative of the landlord's bank. He handed us a copy of the Civil Bill of Possession. A court date has been set for late January next year.

    Does anyone have any advice? The landlord uses a letting agency.

    We recently renegotiated our rent down as there is a damp issue in the flat. The landlord obviously has no intention to fix the issue (reason now obvious).

    Our deposit is quite sizable so we do not want put that at risk, nor do we want to move. We are both happy living here but unhappy to be paying close to 1,000 euro a month to a person who was in full knowledge of the proceedings when we agreed to the lease.


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    #2
    Marcusm
    Registered Users Posts: 10,339 ✭✭✭✭Marcusm


    BOBIDGE wrote: »
    We have rented our property for the past 6 months. Tonight we answered the door to a representative of the landlord's bank. He handed us a copy of the Civil Bill of Possession. A court date has been set for late January next year.

    Does anyone have any advice? The landlord uses a letting agency.

    We recently renegotiated our rent down as there is a damp issue in the flat. The landlord obviously has no intention to fix the issue (reason now obvious).

    Our deposit is quite sizable so we do not want put that at risk, nor do we want to move. We are both happy living here but unhappy to be paying close to 1,000 euro a month to a person who was in full knowledge of the proceedings when we agreed to the lease.
    It sounds as if your landlord has a PPR type mortgage rather than a buy to let (under which a receiver's appointment would be pursued as it's substantially easier than seeking a court order for possession). Personally, I would expect to have to surrender the property in short order and I would be wary of being fully compliant with the financial demands of a landlord who is not meeting his finance obligations nor likely to be in a position to return your deposit. No one here can/should advise you to withhold rent,breach your lease etc. however, you need to find somewhere Else to live soon.


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    #3
    Chris_5339762
    Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    Illegal as it is, this would be one of those situations where it would be very hard to not recommend a tenant uses the last months deposit as rent, as if you do things by the board with a landlord like this you're unlikey to get it back.


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    #4
    Corinthcanal
    Registered Users Posts: 14 ✭Corinthcanal


    Marcusm wrote: »
    It sounds as if your landlord has a PPR type mortgage rather than a buy to let (under which a receiver's appointment would be pursued as it's substantially easier than seeking a court order for possession). Personally, I would expect to have to surrender the property in short order and I would be wary of being fully compliant with the financial demands of a landlord who is not meeting his finance obligations nor likely to be in a position to return your deposit. No one here can/should advise you to withhold rent,breach your lease etc. however, you need to find somewhere Else to live soon.

    A friend of mine got a Civil Bill in her rented apartment. She got a so!icitor who in turn got a barrister. The barrister tied the bank and the judge up in all sorts of knots. The barrister brought up all sorts of arguments from the Residential Tenancies Act and from the Europoean Court of Human Rights. In the end the bank did a deal with her. She got all her legal costs plus her deposit back as well as removal expenses and four months rent on thewant place. The barrister said she might have got more in court but she didn't want the hassle.


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    #5
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    BOBIDGE wrote: »
    Our deposit is quite sizable so we do not want put that at risk
    More risky than getting getting blood from a stone? Thinking that you'll get your deposit from someone not having enough money to pay off their mortgage may not be a good idea.

    Consider your options, and then consider how much of a setback the loss of that deposit will be when the landlord doesn't pay up due to not having it, and any actions after that is your own.


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    #6
    Victor
    Registered Users Posts: 78,422 ✭✭✭✭Victor


    Marcusm wrote: »
    It sounds as if your landlord has a PPR type mortgage rather than a buy to let (under which a receiver's appointment would be pursued as it's substantially easier than seeking a court order for possession). Personally, I would expect to have to surrender the property in short order and I would be wary of being fully compliant with the financial demands of a landlord who is not meeting his finance obligations nor likely to be in a position to return your deposit. No one here can/should advise you to withhold rent,breach your lease etc. however, you need to find somewhere Else to live soon.
    Do not suggest legally precarious routes, even in the negative.

    Moderator


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    #7
    Victor
    Registered Users Posts: 78,422 ✭✭✭✭Victor


    BOBIDGE wrote: »
    Does anyone have any advice? The landlord uses a letting agency.
    Talk to the landlord and agent and let them know what has happened. Ask how they intend to proceed in particular in relation to you.

    You would be well advised to talk to a solicitor to protect your position. It is quite possible that the bank will agree to a rent free period, provided they get prompt vacant possession.


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    #8
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    BOBIDGE wrote: »
    The landlord uses a letting agency.
    On this. Did you pay the letting agency the deposit, and did they sign the lease? If they did, you could go at them at the angle that they should have your deposit; more chance of getting your deposit back that way.


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    #9
    BOBIDGE
    Registered Users Posts: 143 ✭✭BOBIDGE


    the_syco wrote: »
    On this. Did you pay the letting agency the deposit, and did they sign the lease? If they did, you could go at them at the angle that they should have your deposit; more chance of getting your deposit back that way.

    I am going to the letting agent today to discuss the matter. We have received advice from the PRTB, Threshold and as of this morning, the bank making the action against our landlord.

    The only concrete advice was from the bank. They were very helpful and straightforward. I am probably not allowed (?) divulge their advice but they were very black and white.


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    #10
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    I don't see why you wouldn't be allowed to share it. Just don't name the bank/landlord or give the address of the property.


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    #11
    Marcusm
    Registered Users Posts: 10,339 ✭✭✭✭Marcusm


    The bank either suggested paying them directly or withholding - neither of which would be legal.


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    #12
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Marcusm wrote: »
    The bank either suggested paying them directly or withholding - neither of which would be legal.
    If the former, possibly legal if they clarify if they now own the house, but if the latter not legal.


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    #13
    BOBIDGE
    Registered Users Posts: 143 ✭✭BOBIDGE


    They suggested withholding.


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