Can bank evict tenant?
Q My friend has rented a new house for the past three years. Last week she learned that the landlord, the owner of a construction company, has gone into liquidation. He has advised her that the bank will be coming after all his liabilities including the house. Can the bank force her out without notice or will they have to apply to the courts for an eviction notice and pursue it that way?
A The tenant is a stranger to the legal proceedings initiated by the financial institution against her landlord but very much involved as they involve her home. We looked to Threshold for advice and, according to its legal officer Kevin Baneham, the organisation has recently dealt with an increased number of similar queries. Your friend faces two likely scenarios. The first is that the financial institution presses for a court order for sale and vacant possession. Ultimately, this will terminate the tenancy. The second is that the financial institution steps into the shoes of the landlord and the tenant pays rent to it.
Threshold has also dealt with an interim situation where a tenant pays rent to the financial institution while the landlord remains, nominally, the original landlord. The involvement of a financial institution as a third party complicates the relationship between landlord and tenant.
Who, for example, should she contact to have repairs done which are the landlord’s responsibility? Baneham says that while there is no immediate threat to this tenant’s home, she may not be able to avail of Part 4 security of tenure if the property is subject to a court order for sale and vacant possession. Also, the protracted nature of these proceedings will detract from her enjoyment of her home as she seeks to negotiate with both the landlord and financial institution.
Garden is an eyesore
Q We live in a nice area of south Co Dublin where the majority of the properties are neat and tidy but our neighbour’s property is a source of annoyance, with a garden full of weeds and brambles, uncut grass and overgrown hedges and trees. What can we do?
A If you saw Coronation Street on Monday you’ll know that Gail has taken matters into her own hands in a similar situation and sent a young lad in with a lawnmower. Don’t do that. It’s trespass, at the very least. Your local authority is unlikely to be interested unless it’s a health hazard. Unkempt is different. We heard of one case where this problem was solved via the residents’ association. It announced there was going to be a neighbourhood clean-up and that garden equipment, and so on, would be made available to householders and that volunteers would help. The owner of the offending garden was approached and was happy to get a couple of teens to do the work. Might this work for you? In another case the people were selling and felt that their neighbour’s garden would put off buyers so asked their neighbour to clean up and offered to help. The neighbour, it turned out, had health issues, didn’t realise the garden was a problem and was delighted with the offer. Meantime, if plants are hanging over your side of the wall, you can cut them back.
Your questions
Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or email propertyquestions@irish-times.ie. This column is a readers’ service and is not intended to replace professional advice.
