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Reluctant landlord

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  • 19-10-2016 8:40pm
    #1
    oide10
    Registered Users Posts: 64 ✭✭


    My parents have a flat that they have rented out to the same woman for many years. She is on the Rent Allowance Scheme. My parents are no longer in a position to act as landlords (both are incapacitated). I know absolutely nothing about being a landlord nor do I live in the same county. Ideally I do not want this responsibility, the house is not in my name, I'm not legally the landlord. I have tried contacting the county council albeit by email, weeks ago and heard nothing back.
    Now that my parents no longer can continue in their duties as landlord where does it leave this tenant. Legally can I assume the role?


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    #2
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    No
    oide10 wrote: »
    My parents have a flat that they have rented out to the same woman for many years. She is on the Rent Allowance Scheme. My parents are no longer in a position to act as landlords (both are incapacitated). I know absolutely nothing about being a landlord nor do I live in the same county. Ideally I do not want this responsibility, the house is not in my name, I'm not legally the landlord. I have tried contacting the county council albeit by email, weeks ago and heard nothing back.
    Now that my parents no longer can continue in their duties as landlord where does it leave this tenant. Legally can I assume the role?
    Not a great idea to remotely manage a property, when you next visit Ireland, set up some meetings with a few letting agents/property managers covering the area where the house is. Ask about fees vs services and some references, do some background check on the agents and then handover the management of the property to the agent. He will contact you whenever there are big issues. If you want to be absolutely on the safe side ask your parents to provide you power of attorney in order that you can sign contracts in their name.


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    #3
    campingcarist
    Registered Users Posts: 337 ✭✭campingcarist


    oide10 wrote: »
    My parents have a flat that they have rented out to the same woman for many years. She is on the Rent Allowance Scheme. My parents are no longer in a position to act as landlords (both are incapacitated). I know absolutely nothing about being a landlord nor do I live in the same county. Ideally I do not want this responsibility, the house is not in my name, I'm not legally the landlord. I have tried contacting the county council albeit by email, weeks ago and heard nothing back.
    Now that my parents no longer can continue in their duties as landlord where does it leave this tenant. Legally can I assume the role?
    Yes, I believe your parents may appoint you as their agent. However, you should be well versed in the RTA 2004 and its amendments before taking on such a role.


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    #4
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    What do your parents want? In some situations a notice of termination can be issued if you intend to sell the property. Also at certain points of the tenancy (6 months at the beginning of every 4 year period) you may issue notice of termination without a reason. In the short term it might be useful to get a letting agent take over the day to day running while you sort out your options.


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    #5
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    It may also be worthwhile talking to a solicitor about getting Power of Attorney or Enduring Power of Attorney for your parents affairs going forward to help deal easily with such matters.


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    #6
    oide10
    Registered Users Posts: 64 ✭✭oide10


    pc7 wrote: »
    It may also be worthwhile talking to a solicitor about getting Power of Attorney or Enduring Power of Attorney for your parents affairs going forward to help deal easily with such matters.

    We have POA over my father, but not my mother who owns the house. My mother has dementia and is in a nursing home. My father is not in the position to continue as landlord nor the inclination. About 6 months ago he took a turn and with all the jigs and the reels we are only now only able to concentrate on this


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    #7
    Lux23
    Registered Users Posts: 7,134 ✭✭✭Lux23


    Would you think of selling? I know it is unfair to the tenant but it doesn't sound like it suits you to keep the property.


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    #8
    spaceHopper
    Registered Users Posts: 3,992 ✭✭✭spaceHopper


    Is it a granny flat next to their house, would it not be better that somebody is living next to your dad and can let you know if there is a problem. What do you have to do to keep it running, it can't be that much work.


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    #9
    oide10
    Registered Users Posts: 64 ✭✭oide10


    spaceHopper wrote: »
    Is it a granny flat next to their house, would it not be better that somebody is living next to your dad and can let you know if there is a problem. What do you have to do to keep it running, it can't be that much work.

    No, not next to my dad's house at all unfortunately. If it was he might be able to keep on it. I hope it wouldn't take that much to maintain it, it's just that I don't live near the property. I'm looking in to getting a letting agent to look after it on my parents behalf as was suggested earlier. Fingers crossed it'll work out.


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