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Grrr rock and a hard place

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  • 21-05-2016 11:26am
    #1
    lisasimps
    Registered Users Posts: 116 ✭✭


    I'm in a commercial property two years. Really cheap rent. Been asking for lease for two years. Next week, next week and so on, but we didn't push it as rent was great price.

    Agreement was we pay landlord rent and rates.

    1. Landlord wasn't passing on rates so now we are liable for back dated rates for past 18 months . We're paying this and have stopped paying rent.


    2. Six months ago a receiver showed up for the building, wasn't aware that we were renting.
    He disappeared again the following week. Landlord assured us he had paid off the debt so the receiver was dealt with, and our two emails to the receiver went unanswered so we (foolishly) believed that it was dealt with.

    Now receiver is back on scene and has given us 6 weeks to vacate the property. Impossible.
    We've invested about €40K into building as we had been promised a long lease and planned on eventually purchasing.

    I've been to a solicitor and am going to see him again Wednesday but I'm wondering does anyone know of any loop holes when there is no written lease ?
    Any advice on how we should play this? Will the receiver be able to kick us out? If it goes to court will the judge have sympathy?


Comments

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    #2
    _Brian
    Registered Users Posts: 18,571 ✭✭✭✭_Brian


    Wow, you spent €40k and no lease in place.


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    #3
    VincePP
    Closed Accounts Posts: 982 ✭✭✭VincePP


    No sympathy will be given and receiver has 100% right to kick you out. The fact you have been given 6 weeks is good.

    You should ahve gone to a solicitor before spending €1, let alone €40k!! Solicitors are not expensive and will save you a lot of hassles.

    You could ask the receiver if you can have a month to month lease and any new buyer of the building have the option of providing you a new lease. - But such negotiation should be via a solicitor, not a random email to the receiver.

    btw - it won't go to court. As you have no lease the receiver can change the locks with no notice. Basically as it stands you have zero rights , hence a very nice a ameanable approach to the receiver is your nly hope. Threaten any legal route and my guess is locks will be changed, so you need to thread very carefully and in effect "sell" yourself as someone who will mind the building and that you will vacate when requested if and when the property is sold but would like the option to provide a new buyer with a ready tenant.


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