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The house I rent is being repossessed

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  • 01-07-2015 5:41pm
    #1
    bigboss1986
    Registered Users Posts: 813 ✭✭✭


    Hi all.Im renting same house since may 2010.My last contact expired on 25th May 2015 and all my landlord did not want to sign new one staright away.I said fine we know each other long time nothing strange I tought.
    Today she came for rent and i paid as usual.After she took money she said house is being repossessed and in the coming weeks I will get letter saying who I should pay the rent.
    Also she said she would like to sign ''back dated'' contract from 25-05-2015 for 6 months so I will be ''on safe side''
    She also said that bank knows that Im tenant and probably they(??) will be happy to keep me for some time and take rent.
    I forgot to ask about deposit but im not willing to pay any € more to her from next month and I will tell l her that tommorow.
    Also is there any point signing back dated lease?
    I was never in similar situation so any advice will be great ;)
    There is feck all houses to rent in my area so Im stuck ATM :mad:


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    #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    bigboss1986 wrote: »
    Hi all.Im renting same house since may 2010.My last contact expired on 25th May 2015 and all my landlord did not want to sign new one staright away.I said fine we know each other long time nothing strange I tought.
    Today she came for rent and i paid as usual.After she took money she said house is being repossessed and in the coming weeks I will get letter saying who I should pay the rent.
    Also she said she would like to sign ''back dated'' contract from 25-05-2015 for 6 months so I will be ''on safe side''
    She also said that bank knows that Im tenant and probably they(??) will be happy to keep me for some time and take rent.
    I forgot to ask about deposit but im not willing to pay any € more to her from next month and I will tell l her that tommorow.
    Also is there any point signing back dated lease?
    I was never in similar situation so any advice will be great ;)
    There is feck all houses to rent in my area so Im stuck ATM :mad:
    You should sign nothing as you are already on a part 4 tenancy since May 2014. you should ask if a receiver has been appointed and ask for their contact details, you should only pay any money to the receiver. she is still responsible for all the duties of landlord until the house is repossessed and is still responsible for the deposit although realistically you have little chance of getting that back.


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    #3
    bigboss1986
    Registered Users Posts: 813 ✭✭✭bigboss1986


    Question is why she wants to have contract signed?Make no sense at all


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    #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    bigboss1986 wrote: »
    Question is why she wants to have contract signed?Make no sense at all

    Actually, if you want to stay there, having a signed contract with specified duration and rent may be very much to your benefit. With only part 4 tenancy, you can be given notice to leave at any time if the property is being sold by the bank and the bank will be free to increase your rent unless you can show that it has been increased already within the last year. On the other hand, if you have a contract for another year at the same rent, then you are in a much more secure position, by backdating it, the bank will not be able to say/prove that it was signed after the property was repossessed.

    If you don't pay your rent then the bank/LL has a ready made reason to evict you. In this case, it sounds like the LL. is indeed helping you as she herself has nothing to gain anymore by you having a contract, you benefit from it, providing of course that you want to stay.


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    #5
    CaoimheSquee
    Registered Users Posts: 359 ✭✭CaoimheSquee


    Our apartment was repossessed in February. We found out by letter; our landlord told us nothing and we were in touch quite regularly and on very good terms!

    Anyway there is a lot of hullabaloo to begin with from the banks. They will demand lots of documents immediately and to get the place valued right now, and everything will seem very urgent but from our experience it really is not when it boils down to it

    We put our feet down and demanded written confirmation of our deposit being underwritten by them if the landlord cant pay it (which she can't in fairness - she is in debt up to her eyeballs) and then once we got that then valuers could come in.
    Being fair, the receivers did this without much if any protest and have been pretty sound to deal with.

    We met pretty quickly with our new property manager first who did an inspection and we pay rent to her every month. She also sorts any issues through the receiver who again has been absolutely grand in relation to repairs or maintenance.

    We had two people value it around March or April and it still isn't on the market.

    Also with regards notice the receivers have said that when it comes to it a mutually beneficial deal will be come to.

    After all the panic to start with most days I forget anything is different!

    Best of luck :)


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    #6
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    bigboss1986 wrote: »
    I forgot to ask about deposit but im not willing to pay any € more to her from next month and I will tell l her that tommorow.

    Until you are directed to pay the rent to someone else, then you're required to keep paying rent to her. If you don't, she can start proceedings to evict you, and that would likely make things worse.

    I think that the advice from CaoimheSquee to get written confirmation from the bank that they will guarantee the deposit is a good approach - I would also be looking for them go guarantee repairs will be done: technically your ex-LL stays liable, but practically they have no money so won't be able to afford any.


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    #7
    bigboss1986
    Registered Users Posts: 813 ✭✭✭bigboss1986


    Mrs OBumble wrote: »
    Until you are directed to pay the rent to someone else, then you're required to keep paying rent to her. If you don't, she can start proceedings to evict you, and that would likely make things worse.

    I think that the advice from CaoimheSquee to get written confirmation from the bank that they will guarantee the deposit is a good approach - I would also be looking for them go guarantee repairs will be done: technically your ex-LL stays liable, but practically they have no money so won't be able to afford any.
    Just had phone call from receiver.What a p*ick straight away he told me that rent will be to more ,month by month rolling contract etc etc.I told him we found different house and will be moving out in 5 days.LL is going to give me my deposit back as rent is paid till 25th.
    I was lucky to get house so quick :cool:


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    #8
    ted1
    Registered Users Posts: 23,536 ✭✭✭✭ted1


    bigboss1986 wrote: »
    Just had phone call from receiver.What a p*ick straight away he told me that rent will be to more ,month by month rolling contract etc etc.I told him we found different house and will be moving out in 5 days.LL is going to give me my deposit back as rent is paid till 25th.
    I was lucky to get house so quick :cool:

    You could have stayed in the house for as long as you wanted up to a 4 year period. There can also be only one rent increase every 12 months.


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