How to check if tenants are paying commercial rates?

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MaryEllen

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My mum has two commercial tenants. I'm concerned about one in particular but think it's a good idea to check both are paying the commercial rates due on the property. One is there 10+ years, the other 2-3 years.
I rang the council and they do not give out this information to my mum even though she is the owner and liable if the tenants leave with unpaid rates.
The council said I can request a Letter of Clearance which costs €30. I have no problem paying the €30 but I am unclear if I can make this request myself. The lady said she usually sees these letters from solicitors due to sale of property.
Can anyone advise if I can I request a Letter of Clearance myself in this situation?
 
Just got onto someone else in the council and they confirmed I can request this myself!!
It's a bit silly to be liable for something but not have access to know if money is owed!
 
Just remembered you tried to remove a tenant a few years ago over non payment, etc. How did that go, if you don't mind me asking?
 
Well my mum gave her verbal notice, the solicitor said to go easy or something like that, then covid hit and she's still there. I have her quite the talking to however, and she's actually paid weekly since. She has not paid years of arrears however.
 
Amazed a solicitor would say something vague like that, and not give factual advice. In any case, your mother must be ok with everything as the tenant is still there. Is your mum happy with you tackling the tenant and why are you not pursuing the rent owed?
 
My experience of solicitors is they recommend avoiding confrontation as much as possible and try to negotiate. My mum is in her late 80s and not in great health. She's not going to chase this person up and I'm more interested in getting her out than in recouping money.
 
MaryEllen said:
My mum has two commercial tenants. I'm concerned about one in particular but think it's a good idea to check both are paying the commercial rates due on the property. One is there 10+ years, the other 2-3 years.
I rang the council and they do not give out this information to my mum even though she is the owner and liable if the tenants leave with unpaid rates.
The council said I can request a Letter of Clearance which costs €30. I have no problem paying the €30 but I am unclear if I can make this request myself. The lady said she usually sees these letters from solicitors due to sale of property.
Can anyone advise if I can I request a Letter of Clearance myself in this situation?
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You are not liable for unpaid rates of previous tenants when you submit a section 32 change of occupier notice. Google your local authority commercial rates pages and it should explain it there
 
Can your mum not write to the tenants and say that she is handing over the management of the units to you

She'd still own them, but you would deal with the tenants and possibly do a payment plan for arrears such as giving a 50% reduction based on repayment of balance within 12-18 months, with the discount only applying at the end of the repayment period.
 
I've read that and my understanding is the rates are transferred to the new occupier. I don't think the rates get wiped off if they are in arrears. My understanding is the tenant can be perused for them by the co council and the property cannot be sold nor a new tenant occupy it (and pay their rates (until arrears have been paid up).

"All ratepayers are reminded that they are legally required to pay all commercial rates due from them prior to their departure from a property or prior to the sale or transfer of an interest in a property. Any rates due and outstanding by an owner of relevant property will remain a charge on the property."

peemac I've written off the rent arrears. I'd really just like them gone and with any luck never lay eyes on them again.
 
The tenant who is there for 10 years will have rights to a new lease.
If you have not officially written off the arrears and not informed the tenant of that, this will be the easiest route to regain possession.

Notice of arrears due, and look for repossession.

Also many landlords pay the rates themselves and bill the tenant. (I've two landlords and both do it this way)
 
Is paying the Rates a term of the lease? If so, you would be able to request proof and if they do not comply they would be in breach of the lease and the lease could be terminated?
 
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