Popular Services

Ask a Lawyer

In need of some quick advice? Need to know the next step you should take? Use Ask a Lawyer. This feature will connect you with a professional who can answer your legal questions on any topic.

Get Legal Tips

Get Legal Tips offers the best of basic knowledge from professionals in the field of law from all over the country.

Publications
Stop by the publications area for the best in legal writings and news. Articles relating to law, new legislation and lawyers in general are found here.

Directions given to receiver of rental properties in respect of arrears and proceeds of sale

By: Mark Tottenham BL, on August 27th, 2013

In Re Ronan [2013] IEHC 386 (High Court, Laffoy J, 15 August 2013)

High Court, on the application of a receiver of rental properties, directs: a) that funds arising from the sale of property be first applied in discharge of debts to the creditor; b) that funds arising from the sale of other property be applied in such manner between two accounts as the receiver considered to be in the best interests of the creditor; c) that the receiver was entitled to collect arrears of rent arising prior to his appointment; and d) that the arrears of service charge should be applied in discharge of obligations to tenants of the relevant properties.

Appointment of receiver pursuant to mortgage - s. 147 of National Asset Management Agency Act 2009 - application by receiver for directions - s. 316(1) of the Companies Act 1963 - appropriation of receivables - whether monies arising from sale of charged assets to be applied in reduction of indebtedness - entitlement to receive arrears of rent and service charges arising prior to appointment of receiver - entitlement of receiver to use funds within control of management company - discretion of creditor to apply security against debts in any way he sees fit in best interests of creditor - entitlement to collect and receive all arrears - use of arrears of service charge.
Full Text on Court Services Website>

Key Cases Cited

Deeley v. Lloyds Bank plc [1912] AC 756
Re William Hall (Contractors), Ltd. [1967] 2 All ER 1150
Re Foster, Ex p. Dickin (1875) L.R. 20 Eq. 767
Crawford v. Annaly (1891) 27 LR Ir. 523