Welcome to our Public Beta Site - What does this mean?
Dublin: 12 °C Thursday 24 May, 2012

Column: Our landlord went into receivership – now we’re in limbo

Image: Charleston's TheDigitel via Flickr

THERE HAS BEEN endless discussion of the property market in the last number of years but very little of the rental market until recently. Young couples like myself and my partner are being encouraged by some to rent and bide our time while the Government are incentivising buying a property as long as you do it in 2012.

My greatest sympathy during the economic turmoil has always gone out to those that were about 10 years older than me who had children in school and were burdened with a mortgage. I have always counted myself lucky, that, as yet, I had no dependents, loans or a mortgage. In saying that, I feel one group of people have not been considered – tenants. The Government has given little thought to those living in rented accommodation and are suffering the fall-out when their landlords go bankrupt.

In February, a letter was delivered (by hand) informing us that our landlord had gone into receivership and our building was now in the ownership of an Irish bank. From day one, our tenancy was thrown into confusion as we questioned the delay in informing us (the date on the letter differed from the delivery by about two weeks). We were assured that our tenancy would continue as normal, and, to some degree, it has. I was told that my deposit was the landlord’s business and that I would have to pursue him to get it returned. He is not responding to my attempts to contact him.

As it is, living in our flat is now just a little more complicated, a little more stressful and always unsure. But we’re the lucky ones.

‘Tenants are being evicted without notice’

Some initial research assured me that there were many others like us with the same complaints. Cold comfort really but surely the Government would have to take notice? I read that many tenants were being evicted without much notice by receivers as they were not protected legally in the same way as before. This is something Threshold is urging the Government to change.

For us, our ‘new landlord’ is difficult to pin down for repairs and doesn’t care about the upkeep of the building we call home. The communal areas are not being maintained – with a dangerously rotted banister on the staircase, a fire alarm system that isn’t working and a garden that is overgrown and unusable. We’re also not registered with the PRTB despite numerous requests.

Repairs are a battle to get resolved as ‘cash flow’ from the bank ‘takes time’. At one point, a serious repair that was required in our flat took an entire month to be resolved, affecting our standard of living. We have no lease and are in limbo as to what our rights are. An email asking for information remains unacknowledged by Threshold, the National Housing Organisation, most likely because they are receiving hundreds of emails from people like us everyday.

Why don’t I just move? I’d like to and I will but it has been my home and financially, moving wasn’t an option, but we’re hoping that will change in the next few months. I urge the Government to better protect tenants in situations where the landlord goes bankrupt.

Tenants need to be afforded rights and be offered protection. If they must be evicted, they should be given the notice they are entitled to. If they are to continue as tenants of the bank, their standard of living, which they continue to pay for, must be maintained. The bank must be held to the same standards as landlords, ensuring the standard of living of tenants, maintenance of the communal areas of the building and carrying out of repairs in a timely fashion. I believe that everyone is suffering as a result of the downturn but the Government must protect those most at risk including those relying on the banks on landlords.

Alsa Campbell’s name has been changed.

Read Next:

Comments (20 Comments)

  • Thats So Grodie 29/12/11 #
    Report this comment

    Just rent somewhere else

    Reply
    • Treasa Lynch 29/12/11 #
      Report this comment

      This is an extremely unhelpful response. There are practical difficulties which may cause people not to want to move.

      Also the simple fact is many landlords, in receivership or financially healthy, don’t pull their weight either.

      What would be better is enforcement of regulations on the tenancy market. However, it doesn’t to any great extent happen in any meaningful way. The PRTB is understaffed and underfunded and the process takes an insanely long time.

    • Abi Dennis 29/12/11 #
      Report this comment

      Not easy to do when you’ve effectively lost your deposit and have to pay a new deposit to move elsewhere. I’d also say they’re not getting a reference from the landlord…

    • Laura Farrell 29/12/11 #
      Report this comment

      The OP will lose their deposit, as this is at least 500 euros and anything up to 2000, this could have terrible consequences as this will make it harder to pay for their next deposit.

      Well done for displaying your ignorance, BTW, tenants are the forgotten in the current race to the bottom on tax reliefs, debt forgiveness and social housing.

  • Pat Mullins 29/12/11 #
    Report this comment

    The position does not change when receiver is appointed. In fact a fixed charge receiver cannot evict. Only solution is to register with PRTB. If your lease is tenuous then it always was. Also your landlord was a company. People become bankrupt. Companies end up in receivership.

    Reply
  • Alvin Gibney 29/12/11 #
    Report this comment

    My bank want my house if I hand back the keys of any of my apts …it was no probs getting loans 10 years ago now can’t even get an overdraft of 500 euro .the banks made such a bollox of “imaginary money funds” that they actually bankrupt the country .

    Reply
    • dowthebow 29/12/11 #
      Report this comment

      Don’t think you’ll get much sympathy here mate. In fact as far as I’m concerned people like you are as much to blame for the economic downturn as any developer.
      How many apartments did you need?
      How much did you borrow that you now can’t pay back?
      It’s because of such greed that we are now the most indebted nation in the world

  • Dec Rowe 29/12/11 #
    Report this comment

    If repairs are needed take the money from the rent and get it done yourself… Keep the receipt and proof of work to cover your arse… And if you don’t feel secure I your home then move somewhere that you will feel secure… Simple!

    Reply
  • Robert Ford 29/12/11 #
    Report this comment

    Surely one gets the level of security desired by buying instead of renting.
    Surely rental prices should be fixed according to the condition of the property. I am letting a friend of ours live in a second property of ours for free so not all landlords are the same.

    Security deposits should be kept in a joint bank account with both signatories required to release funds

    PRTB like any agency is a waste of money for inadequate protection. At the end of the day the tenant has the choice whether to rent or not. Plenty of choice at present.

    Building energy certs are a waste of money. Any joe public knows whether a house is adequately insulated or not. Useless agencies are just a way of stealth tax or getting people off the dole.

    Reply
    • Martin O'Connor 29/12/11 #
      Report this comment

      Lets get it straight, letting a friend stay in your second house for free does not make you a landlord. A kind generous person yes, but not a landlord.

    • Laura Farrell 29/12/11 #
      Report this comment

      Robert, I don’t agree on BER certs. If it was genuinely being done it would help fill the current gap in information for potential buyers and tenants alike. I have rented a lot of very substandard property and you don’t really know what a place is like until you move into it, and then discover. For example a friend bought a house only to discover that the heating had been incorrectly wired and sat like that for 5 years without being fixed. Anything that classifies different properties by quality standards is useful.

      You are right on PRTB though – I would question how useful they are unless they can respond within 1-2 months of any complaint by either landlord or tenant.

      There is a wide range of property available to rent indeed, but at prices comparatively high to the average income, especially the income of tenants.

    • P Wurple 30/12/11 #
      Report this comment

      The BER cert would not have identified incorrect wiring. It is a survey, not an inspection as far as I can see from having four of the stupid things done. The BER person takes the serial number off the appliances, takes the age of the building, counts the lightbulbs, asks if it has been insulated (doesn’t check) and then fills out a form into a piece of software. Software spits out rating.

      I was expecting a heat emitting device to be put in the house, and the temperature differential to be measured 4 hours later… You know, some kind of physical measurement.

      It is a complete joke. Money making scam providing information of zero value.

    • Robert Ford 30/12/11 #
      Report this comment

      Laura

      Yes if BER certs. were done correctly but it costs money which has to be passed on to the end consumer! I think that any certs are a total waste of money. I have moved house 7 times (purchased) since we have been married. Always done my own survey, checked for cracks subsidence, drains, state of wiring, heating. Yes I can do all of these things myself but one always knows of a good friend who can help you out. My mother purchased a house over here and had a full survey done. Surveyor could not find septic tank so that was excluded. There were no heating controls or insulation on the hot water cylinder, not mentioned. The insulation in the loft fitted where it touched, had been torn down from 800 mm to 100 mm thickness, not mentioned. Full surveys are rubbish, it’s better to do survey oneself, most are visual.

      As far as I am concerned BERs and FAS certs can be bought from the right person and are not to be relied on. On the odd occasion when I have had dealings with surveyors they have asked what sought of report do you want do it want it toned down or toned up?

      Finally if you were buying a second hand car would you rely on a report from the sellers mechanic or obtain your own? Always rely on your own gut instinct and obtain your own reports whatever the goods,

  • Alvin Gibney 29/12/11 #
    Report this comment

    My yearly management fees is 1800 euro per apt on top of it all .so if they took the lot on everyone they would be bust in no time .the social welfare rent would be paying banks for good .which means Nama will own it all paying itself eventually .

    Reply
  • SeanNorris 29/12/11 #
    Report this comment

    This seems to be the way receiverships are being conducted in general. I work in the accountancy profession away from insolvency, before Christmas one of my clients an employee of a business that is in receivership had the payment of wages dealt with in such a manner that several serious breaches of employment law took place. I think there is a serious lack of understanding on the part of receivers and their staff of their responsibilities. in your case I would find out if a management company had been set up for the development as it is they who are responsible for the maintainence of the common areas. if one has not been set up then there is a breach in the law as all common areas have to be transfered to such a company. if this has not been done then the receiver should be contacted as to the none compliance with the MUD act 2011. Additionally if the receiver is not replying to correspondence a complaint should be lodged to his professional body.

    Reply
  • Aisling O'Toole 29/12/11 #
    Report this comment

    We found ourselves in this situation about a year ago also. We were caught in our lease as it transferred to the receiver and carried on we had only been living there a few months when we were told the building was in receivership. Our landlord owned the lot. From April to September nothing was maintained so we contacted threshold who said if there was a maintenance issue that requests for repair were continually ignored to write to the landlord giving them 28 days to fix it and at the same time give them a letter of notice to end tenancy starting from the end of the 28 days and saying we were using our deposit as our last months rent which apparently had been transferred to the receiver. It worked for us luckily as we had had issues with fire alarms, electricity not being paid for, lifts out of order, etc all on top of the security gates not working. Alot of people living in the block seemed to have done the same thing as us as many of the apartments came up for rent and sale shortly after we left. And it only took another 6 months to fix the security gates!

    Reply
  • David 29/12/11 #
    Report this comment

    Here he goes again. Or imagine if you owned a house with the mortgage paid off.

    Reply
  • Aido McGrath 29/12/11 #
    Report this comment

    You don’t need to register a tenancy ( as a tenant) to take a case against the landlord (receiver/bank/whatever)
    Your rights have not changed!

    Reply
  • HELLO SPRUIKER 29/12/11 #
    Report this comment

    Banks or their self serving receivers don’t give a f@@k about you,your deposit or your safety.

    How many lives have been lost due to their corruption?

    If this happens to you.

    Why not do as some people do.

    Namely
    (1) Stop paying rent immediately! (especially if your new ”Corrupt Banker” Landlord/Receiver hasn’t registered the lease with PRTB)
    (2) Remain in the property until it becomes unsafe/unsuitable to live in.
    (3) Then with the money you saved from not paying the rent, firstly repay yourself your stolen deposit and secondly go and find some new alternative accommodation from a decent ”financially stable” landlord.

    Reply
  • Adam Magari 29/12/11 #
    Report this comment

    The government doesn’t take notice of tenants, private or commercial. Only the Big People are noticed and listened to, especially if they are tax exiles.

    Reply

Add New Comment