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Rented house being repossessed

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  • 23-03-2016 4:56pm
    #1
    TheMilkyPirate
    Registered Users Posts: 6,012 ✭✭✭


    Hi I have been living in a house for a little more than a year and a half. On Monday I received a letter from a real estate company stating that the house is being repossessed. Landlord had never said anything but am going to ring him today to see what the story is.

    Where do I stand?


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    #2
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    If it's being repossessed by the bank, they will, under every circumstance, look to sell the house.

    Basically I would expect a letter from the bank soon terminating the tenancy due to selling the house. Have you a signed lease? If so you should still be good until that expires. If not you have part IV rights, which does not protect you from selling the house, in which case it could happen within the 35 days notice ( 6 months to a year tenancy).

    Edit: I misread the initial post, tenant is there between 1 and 2 years which is 42 days notice.


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    #3
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    TheMilkyPirate wrote: »
    Landlord had never said anything but am going to ring him today to see what the story is.
    Find out who has your deposit. Your landlord may not have rang you, as he may not have the cash to give you your deposit back, and the bank may not give you your deposit as they don't have it.


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    #4
    TheMilkyPirate
    Registered Users Posts: 6,012 ✭✭✭TheMilkyPirate


    We signed a year lease at the start of the tenancy and nothing since - been here about 18 months now.

    Would it be reasonable to expect that I'll be out of the house soon and to start looking for alternative accommodation?

    I'll ask the landlord about the deposit this evening.

    Thanks for replies


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    #5
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Marcusm wrote: »
    Great, advocating the creation of fraudulent documentation. In any case, the bank would not be bound by the lease even if granted a month ago as they have not consented to it.

    I have seen first hand how this kept a person in a house, why would the bank have to consent to something that happened prior to them repossessing the house.

    The day after the lease expired the letter was delivered giving notice to the person in question. Noticed would have been given a year ago were it not for the lease being done up, the only regret they have is they didn't think to sign a 2 year or a 5 year fixed term lease.


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    #6
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note

    Advocating fraud is not acceptable on this forum. Other posters are reminded that we ask you to report posts rather than retort on thread. No reported posts on this thread yet several of you opted to challenge the post on thread. That is not on.


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    #7
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    TheMilkyPirate wrote: »
    On Monday I received a letter from a real estate company stating that the house is being repossessed. Landlord had never said anything

    OP - I smell a rat here: why should a real estate company be sending that letter? Why not the bank themselves???

    Interested to hear what your LL had to say ....


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    #8
    Hopeful2016
    Closed Accounts Posts: 430 ✭✭Hopeful2016


    the_syco wrote: »
    Find out who has your deposit. Your landlord may not have rang you, as he may not have the cash to give you your deposit back, and the bank may not give you your deposit as they don't have it.

    Make sure you make the receiver aware of your deposit get confirmation of their intention to repay it to you.


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    #9
    Mongfinder General
    Registered Users Posts: 1,992 ✭✭✭Mongfinder General


    Mrs OBumble wrote: »
    OP - I smell a rat here: why should a real estate company be sending that letter? Why not the bank themselves???

    Interested to hear what your LL had to say ....

    Took the words out of my mouth. The landlord's silence is most concerning. I'd put money on the Landlord wanting you out so that he can 3 or 400 more on the open market


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    #10
    quadrifoglio verde
    Registered Users Posts: 3,670 ✭✭✭quadrifoglio verde


    Mongfinder General wrote: »
    Took the words out of my mouth. The landlord's silence is most concerning. I'd put money on the Landlord wanting you out so that he can 3 or 400 more on the open market

    In this case it'd be an illegal eviction by the landlord


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    #11
    Mongfinder General
    Registered Users Posts: 1,992 ✭✭✭Mongfinder General


    quadrifoglio verde wrote: »
    In this case it'd be an illegal eviction by the landlord

    Yes, it would appear that way. There may be enough intermediation for the landlord to obfuscate. He may claim to have no knowledge of proceedings and blame the estate agents. Add to that the general not arsed nature of law enforcement in this country


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    #12
    Villa05
    Registered Users Posts: 4,621 ✭✭✭Villa05


    davo10 wrote:
    Irrespective of whether it is valid or not, what you are advocating is fraud. Do you think receivers haven't come across tricks like this before?


    Banks may be tolerant of this in a rising market. Seen many houses lying empty which had been repossessed in my town.
    Having an income and live in caretaker must be an added bonus for wasteful banks


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