Rent receivers

Bronte

Registered User
Messages
15,166
I've found this helpful little document, it's directed at tenants where a property has been taken over by a rent receiver.

[broken link removed]

As a landlord I find it very vague on the powers of receivers. For example, the document says the tenant has to pay the rent to the receiver, but the obligations of the landlord stay with the owner. So if a repair is needed, then the owner, who has effectively lost the property would have to carry out the repair. But no owner will do a repair where they don't control the rent.

Also very odd is the document says the receiver is the 'agent' of the owner, even though he has not been appointed by the bank. Is this possible?

If the tenant refuses to pay the rent receiver, it states that it can be enforced, how so? The owner seemingly is still your landlord, the receiver is not, though he is the owners agent, you've no relationship with the receiver so how would it work in practice?

Can a rent receiver terminate a lease that he is not a party to.

It also states that in certain, exceptional circumstances, that a tenant may lose his rights under the residential tenancies act. That doesn't sound right.


And Lisney's

[broken link removed]

are stating that in some cases receivers can sell a property. Wouldn't they need a court order for a sale? Plus they say that they will do all the actions of a landlord. In contradiction to the first booklet I posted.
 
Hmm, well this document you've linked too is in regards to the laws in Ireland (it's put out by the IBF), so I am not knowledgeable enough to say how it works over there but I would assume they have some system wherein the owner is still required to fulfill their maintenance obligations etc.
 
Another poster told us recently that the appointment of rent receivers has failed in about half of the cases, not sure how he knows this. I would think it's very hard for the receivers to manage properties, they cannot give it the care and attention a landlord owner can.