Virgin poster. Firstly, thank you for saving me a fortune. Someone from ‘askaboutmoney’ directed me here 2 years ago just after I put a holding deposit on a new build, which I quickly withdrew. Have been renting now for almost 2 years after selling for 100k more than we paid.
Anyway, the house I am renting is on a small ghost estate (that is, half of the houses are empty). We are the first to live in this particular house as the developer started renting them out once he realised that they weren’t shifting. Recently I spoke to the estate agent selling these houses for the developer and was told that the devloper has gone into liquidation and is being nama’d and that if I wanted to put an offer on any of the houses I would have to submit it in writing, he would give it to the developer who is then obliged to pass the offer on to the bank who then decide whether to accept or reject the offer.
Anyone else had a similar type of experience? Should I still be paying rent to the developer? What are my chances of recouping my deposit?
This fella is your landlord now
He’s probably good for your deposit, just make sure the drinks cabinet is locked when he comes to do the moving out inspection.
Similar situation here; I’m renting something previously owned by Liam Carroll and now controlled by the receiver and run by a mgmt agent. I was particularly concerned about the deposit but my understanding is the issue occurs if you paid the deposit pre-receivership; in that case you’re just an unsecured creditor and the receiver can choose to honour it or not (in this development the receiver did honour deposits as they wanted to be able to still rent stuff out). As we paid ours when it was already in receivership we should hopefully have a chance of getting it back.
But who knows really.
I had a place in the gasworks (Liam Carroll) until the end of October 2009. I’d signed up before all of the examinership/receivership saga.
I got a letter a couple of months before the end of my tenancy to tell me that I’d a new landlord, Fabrizia, but payments would continue into the same account etc. I called up the leasing agency (also a Carroll company, all the staff had Danninger email addresses), and they were adamant that all deposits were being returned in full, had been kept in a separate account etc and were untouchable. Then I got the number of someone in Fabrizia. They were always nice and polite, said payment was on the bank’s list ‘to be issued asap’, but I was worried I was getting the runaround so we hassled the bejaysus out of them anyway. Anytime one of us was getting impatient (my partner and I) we switched the person calling so that we avoid roasting one of them alive on the phone to the detriment of our goal.
It took quite a while, we probably waited 7-8 weeks, but we got it back. From what I can gather, we basically ended up in a queue for money. Periodically the bank, presumably with the receiver’s permission, were releasing a batch of payments including the returned deposits. We were assured we were on the list a couple of times and didn’t get it. All attempts to find out the bank branch dealing with this failed (wanted to speak to the bank manager). Eventually it came through.
That was a year ago, but I’d say the situation is the same. Hang tough when you move out, keeping pushing them on the issue, and make sure they get the inspection done as soon as possible. Be as nice as possible to any of the zoe/danninger/fabrizia/whoever employees you talk to - remember that they’re probably dealing with creditors all day long.
Expect anything up to 3 months wait for your deposit.
Make sure not to pay your last months rent if you want to be certain of retaining your deposit.
Probably the best advice you’ll get, for one of these Nama jobs. Why should you have to spend 3 months chasing developer/receiver /bank/solicitor for your own money back ? Obviously only where you haven’t caused any damage etc.
Is the contract valid if it’s with a dissolved company? Should the OP be paying rent at all?
DSE, the company is not dissolved, it is in receivership if I recall correctly.
buddygunz and thewatcher, your advice is technically illegal, although it may be sound in practice. Just bear in mind that if your dispute ends up in court, you’re going to have breached your contract so a judge will take a very dim view of your position.
The rentals are now managed by The Lansdowne Partnership on behalf of Fabrizia Developments. Lansdowne are a thoroughly professional outfit in my experience and they’re excellent landlords’ agents but of course it’s not them who will be signing the cheques.
Just as a followup to this, the receiver has flogged all 37 properties they still own in the Gasworks, apparently to Google, as part of the sale of Google’s 2 existing buildings. All tenancies have been/are being terminated as the leases come up.
This x 1000
A friend of mine’s apartment went to a receiver and the receivers claimed they were not liable for the deposit and they even said the tenant had to get the deposit from the original landlord and pay it to the receiver for safe keeping!
It took the withholding of rent and a solicitors letter for them to come around and they let him keep a months withheld rent as the deposit.
There are some chancers out there.