nursing home operator not paying full rent

greencl

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I own a 2 bed retirement house attached to a small nursing home, the operator of nursing home who is builder is not paying full rent for last 3 years, we 4 investors when ever we write he gives a threat to close down investment scheme, which would make us liable for revenue, if scheme closes down we have to return revenue the tax refunds we got from revenue, we kept quiet.

we no longer have patience and also not sure if he is taking us for a ride, operator is paying small amounts 1000 a year rather than honouring full rent 13000 a year as per rental agreement during purchase...

Rental guarantee (13000 a year)agreement started in 2008 and ends in 2012. we are also worried if we dont take action if the builder goes into liquidation our debts will not get registerd or paid out.

how to deal :

(1) court case : expensive and delayed route. if we sent soilicitor's letter and initiate action, he might even stop those small amounts (1000) per year altogether and we get locked in an expensive battle with powerful builder with reputed solicitors on his side. very tactically he is paying small amounts and sending an apologetic letter so that judge can see his 'honesty' and take sympathetic view. each of us we are already owed €21000/- accumulated in last 3 years and it does not include interest.

(2) Can we sell the debt to any low cost debt collecting company who would advance us money and recover the debt from builder and any further engagement will be with debt collection company and builder. any companies in ireland do that, please PM

while we know like every builder he had his good days and now in not so good times if not in bad times, we want to know from some one some ideas as to how we deal with this situation.

we also have our mortgages to be serviced, so our situation is not that great...
 
Collecting money is very hard in Ireland. The Courts system is slow, but it does work as long as he does not go into liquidation.

It seems to me that he is "renting out" your unit to someone else so presumably he should be able to isolate that rent for you.

I think you have to call his bluff and take legal action against him.

can you rent the unit out to anyone else directly?
 
Thanks Brendan for reply, really a decision time for us.

No i cannot rent the unit directly. as per agreement it is leased to nursing home operator for 9 years 11 months ( another Vat complexity ).

he recently said (Jan-11) that my unit is rented after 3 years of vacancy and i asked him to pay me directly on a month by month what ever rent comes in, rather than quarterly, no reply on the same except that €1000/- quarterly payment.

sorry for mistake in original post he is paying €1000 quarterly means €4000 annually instead of €13000/- so as per his version is my unit is rented at €330 a month .....we probed all that in different ways, asking if HSE pays only that much to elderly accommodation and as to why and how rates are so low...

may be legal route calling him for specific performance of lease agreement and see the response... final q: any idea about costs upfront we need to put up for legal fee for kind of these cases
 
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