Pending legal action against us for "Squatting"

G

Gardener

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Hello,

Firstly, great website.

I am sorry that my post is so vague but I am unable to go into too much detail because of pending legal action.

My husband and I have been accused of inhabiting a premises without paying rents. We will be pleading guilty but making clear that the proprietor was well aware of our existence, we have proof of this.

Our question is, as we are admitting "guilt" can we be jailed?

Again my apologies for not declaring much detail. As you can gather there is a lot more to the story than explained here. We do not make a habit of not paying our debts.

I look forward to hearing some feedback please.
 
This looks like a blurb on the front cover of a paperback -something that makes one eager to learn more...

Can we have some of the first chapter please, otherwise it would be impossible -and irresponsible - for anyone to comment.
 
Hi Oldnick,

Apologies for my vague post but I am wary of giving our identity away.

To give you some background on our situation - my husband and I subleased a retail unit in 2008. We paid our deposit and continued paying rent to the (sublandlord).

In 2009, we were issued with an informal notification stating that our landlord (sub) was going into voluntary receivership.

My husband and I, met with the head landlord and explained our concerns as we could not get in contact with our (sublandlord). We were left in limbo, no contact, no receiver, no nothing.

Each month we would make the month end ritual of going to the main landlord with rent money. Each month he would turn us away, stating that he could not take the money as he had no legal contract with us.

Again nobody came near us for money. My husband tried speaking with the receiver who also did not want to know and refused to engage with us.

In 2011, our business went into free-fall and we began losing money hand over fist. What money we had put aside for the main landlord was now being used to float the business. We continued on trading rent free until July 2012. The business became unsustainable so we had no option but to liquidate hence accusation of "squatting".
 
In 2011, our business went into free-fall and we began losing money hand over fist. What money we had put aside for the main landlord was now being used to float the business. We continued on trading rent free until July 2012. The business became unsustainable so we had no option but to liquidate hence accusation of "squatting".
Click to expand...
So, as I understand it, you are still in the property, not paying rent and have accumulated at least several months' rent arrears - and you are asking if this is alright?
 
Look OP - the details are still too vague. You don't say whether you are still in situ, whether it was you as individuals that rented or as a company, whether the LL asked you to leave.

However, there is IMO no question of you being jailed. The only question is whether you are liable for back rent.

But this is purely my opinion. However, having been a tenant and a LL of commercial properties for many years and having been on various retailer bodies I have never ever heard of anyone being imprisoned for occupying premises and not paying rent.

In your case if it is true that you offered rent to the LL and he refused then I really can't understand how there'd be other than a judgement that you pay back rent - at the very worst.
 
@Gardner:

1. Pleading 'guilty' is what arises in a criminal offence. This sounds like a civil matter. Or did somebody make a complaint to the Garda and is it they are acting? If so given what you have told us -if accurate - they seem to have been misled. Also you dont seem to be a squatter.

What I need to know is:

(a) Who has issued proceedings against you?
(b) If its the sublandlord, his receiver or liquidator than they may have a case. Others would seem irrelevant for past rents, they may be able to you to quit which os what this might be about;
(c) Equitable estoppel - which seems to be capable of arising as you made several reasonable attempts on your behalf to sort this at various times to both the sub-landlord and the head landlord - is tending to prevent somebody now seeking rent - if thats whats happening. Is it?

What other commentators are trying to tell you is that with half a story any advice that is given may be different than if we had the full facts. What I have tried to do is relay back to you what I think you are saying. That said, you havent actually told us what these proceedings are.
 
Thank you all for your replies.

WizardDr, you have full understanding of the situation. Apologies for my post being so vague.

To answer questions -

(a) The head landlord has issued proceedings against both my husband and I.

(b) Legal action has only proceeded from the head landlord, no attempt has been made from any other party.

(c) Yes, attempts were made on numerous occasions to pay our rent each month but nobody would take rent from us. The receiver refused, the sub-landlord had went out of business and the landlord claimed she could not accept any form of payment as she had no legal connection to us. We exhausted all attempts.

Our business was hit badly with the downturn and we had no option but to delve into the rent money we had put aside, which had been fully intended to be paid over to the landlord as soon as our position was regulated. Finally we had no option but to liquidate our company. We are no longer in situ of the said property.

The landlord has now commenced legal proceedings against us for loss or revenue and squatting.
 
You liquidated the company ? Are you stating that the company was renting the place ?

If so, why is the LL is suing you two individuals -unless -you personally acknowledged liability in writing. is that what you meant by saying "you admitted guilt"?
Even this is not a firm basis for suing you as there is a difference between you as individuals and the company.

If you (the company) offered to pay rent then the LL cannot sue you on the basis of you ,as directors, having given unfair preferential treatment to other creditors -which is one of the few valid reasons a creditor can sue the directors. Assuming you acted openly and honourably ,which you appear to have done, then it surprises me the LL thinks he has a case.
 
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