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Column Households aren't the only ones hit by negative equity - it's crippling businesses

During the boom it was cheaper for businesses to buy property than to rent it – but that’s causing huge problems now, writes Peter Faulkner.

THERE HAS BEEN much focus on the plight of those trapped in negative equity in the residential property market in Ireland. There have been many calls for measures to be introduced by the banks and government to ease this burden for which there is no medium or even, perhaps, long-term hope of repayment. When the loan size is so much greater than the value of the asset, many have simply walked away and sent the keys of the property by post to the lender. During the last property crash in the USA this was so prevalent it became known as ‘Jingle Mail!’.

It has happened here with cars too. In recent years, as many of our immigrant workers returned home due to the downturn in employment here, they simply left their low-cost leased cars in the airport parking lots and flew home. These parking lots became the first place the finance companies looked to when seeking to repossess these vehicles for non payment of rentals. In most cases the amounts outstanding were significantly greater that the market value of the vehicles themselves; it was yet more negative equity.

In both cases above, the credit rating of the person who walked away is destroyed. In the USA, they have a simple form of personal bankruptcy that allows people to start over with a new mortgage on a new property after about 2 years. Car jingle mailers are going to another jurisdiction and probably could not care less as their credit rating at home will be unaffected.

‘During the boom, it was cheaper to buy a commercial property than to rent it’

Negative equity is also a serious issue for many private Irish businesses. While the plight of those caught in boom time-priced property leases has been well rehearsed, the same cannot be said about regular businesses trapped in negative equity with commercial property loans. I am not talking about property developers or investors but rather the businesses that use the property to house their business activities. They may be limited companies or indeed self employed sole traders or even partnerships.

During the boom, with low interest rates and high rents, it was cheaper to buy a commercial property than to rent it. Commercial property prices have fallen significantly –  more steeply than residential properties in Ireland – and as many companies face cashflow difficulties they become unable to service these loans and are stuck in a negative equity trap. The outstanding loans are much more than the value of the property, for which there is probably no buyer at any price!  To make the problem even worse, personal guarantees were typically demanded from the owners by the financial instituions too.

You would need the neck of Pee Flynn to ask a bank to lend you money to pay your taxes

There is however a business group who are even worse off –  let’s call them commercial property user pension owners. Slick advisors and brokers packaged schemes where the new property would be bundled into the proprietors new fangled hybrid self-administered pension scheme and they would charge their own business a rent. The rent would cover the interest and capital repayments and at the end of the day, you would own the building tax free. The business would tax relief on the rental payments; in other words, happy days all round.

Fast forward a couple of years and these asset only pension schemes are in serious deficit and along comes the outrageous new pension fund levy –  and they only take cash! And there ain’t any. Try asking a bank to lend you money to pay any kind of taxes, you would have to have the neck of Pee Flynn and you would get about as much credence.

Small business owner managers are just ordinary folk with all the usual financial demands on them to keep family and home together, put food on the table, deal with utility bills and education costs, as well as deal with a mortgage that would reflect the cross section of Irish mortgage profiles, a significant percentage of which are in negative equity.

Whatever comes in the delayed personal insolvency legislation, it should address the two headed monster that could be called ‘Jingle Jingle Mail’. These small businesses employ not just the owners but many others too. SMEs, the lifeblood of the economy and our way to salvation? We shall see.

Peter Faulkner is chairman and owner of Faulkner Packaging, which was founded on Friday 14th September 1860. He lives in Dalkey and has three adult children. He is a former chairman of the SFA and was one of the founders of ISME. He was a member of the government Taskforce on Small Business. His sites include www.discountpackaging.iewww.snazzybags.com, www.snazzybags.co.uk,  www.faulkner.iewww.alububble.iewww.95kpabags.com, plus a bunch of micro sites.

Read more columns by Peter Faulkner on TheJournal.ie>

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12 Comments
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    Mute mary reape
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    Nov 30th 2021, 7:25 AM

    I hope other Countries follow their lead.

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    Mute Charlie
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    Nov 30th 2021, 7:47 AM

    @mary reape: The smaller the “empire ” gets the better, although I can’t see the likes of Australia, New Zealand and Canada following.

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    Mute A Well Known Comical Stereotype
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    Nov 30th 2021, 11:44 AM

    @Charlie: Australia will follow. Unfortunately, there is talk of waiting till Liz Windsor dies. Barbados shows that you can move at your own pace, not be dictated to by the happenstance of a woman in a foreign country. The next federal Labor government will move towards a republic and hopefully a new flag.

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    Mute Angela McCarthy
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    Nov 30th 2021, 11:58 AM

    @mary reape: Perhaps Charles will also be present to hand back the keys here after the border poll.

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    Mute Mattress Dick
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    Nov 30th 2021, 7:27 AM

    Well done to our fellow independent from Britain brothers and sisters

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    Mute LOMaster
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    Nov 30th 2021, 10:13 AM

    @Mattress Dick: we aren’t all independent yet

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    Mute Gary Egan
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    Nov 30th 2021, 8:05 AM

    Congratulations Barbados, hopefully our whole country will be joining you in the near future

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    Mute Quiet Goer
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    Nov 30th 2021, 11:29 AM

    @Gary Egan: Xi Jinping rubbing his hands together in de background

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    Mute Karl Pinker
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    Nov 30th 2021, 7:38 AM

    They got there independence in 1966. They’re still a member of the commonwealth. Queen removed as head of state which is only a figure head role a bit like Higgins.

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    Mute Stephen Deegan
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    Nov 30th 2021, 7:47 AM

    @Karl Pinker: Oh like a democratically elected senior legislator?

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    Mute Earth Traveller
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    Nov 30th 2021, 9:40 AM

    @Stephen Deegan: The new president of Barbados wasn’t elected, though.

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    Mute Liam MacSuibhne
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    Nov 30th 2021, 10:46 AM

    @Karl Pinker: Higgins is directly elected. The Queen of England is not. Therefore, your comparison is entirely false.

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    Mute workhorse of health
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    Nov 30th 2021, 11:06 AM

    @Earth Traveller: she was elected. They have a different system to ours but she was elected according to their laws ie by two-thirds majority of their parliamentarians

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    Mute Earth Traveller
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    Nov 30th 2021, 11:56 AM

    @workhorse of health: Yes, you’re correct. But it is also worth mentioning that 96% of the assembly members who elected her belong to the same political party. To some that would seem more like an appointment than an election. Barbados has a senate, but all its members are appointed by the president. Oh, and the politicians can change the constitution without a referendum. The new system doesn’t seem to be any more democratic than the previous one.

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    Mute workhorse of health
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    Nov 30th 2021, 12:02 PM

    @Earth Traveller: They are following the british system. Unelected upper chamber, appointment by prime minister or by birthright!! And at least they have a written constitution. I’m not saying I agree with their system, I actually think we are lucky in Ireland that the people control the constitution, President and Dáil.

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    Mute Fiona Fitzgerald
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    Nov 30th 2021, 12:53 PM

    @Earth Traveller: They managed a peaceful transition and if they avoid the nightmare of a civil war, they can only progress. Wishing them a bright future.

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    Mute Karl Pinker
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    Nov 30th 2021, 6:32 PM

    @Liam MacSuibhne:, Canada new Zealand , Australia still more independent than Ireland. We’re part of the United States of Europe

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    Mute James
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    Nov 30th 2021, 8:18 AM

    The red legs in Barbados are rejoicing,the sun is slowly setting on the oppressive empire

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    Mute David Dineen
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    Nov 30th 2021, 8:48 AM

    A nation once again. We will join you soon to leave the the tide of colonial firmly at englands shore..

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    Mute Leadóg
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    Nov 30th 2021, 7:39 AM

    Next step is to leave the dustbin that is the commonwealth.

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    Mute Ixtrix Net
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    Nov 30th 2021, 8:59 AM

    @Leadóg:
    They will probably stay under that Umbrella for a while.

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    Mute Michael Drennan
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    Nov 30th 2021, 9:31 PM

    God, what a bunch of sour people you all are. I’m a proud Irishman but I don’t define my identity by hating Britain. If you all truly reflect modern Irish identity then we haven’t progressed at all. I love Ireland, I love Europe, I love the USA and Britain. In their own way they have all contributed to progress in the world. If Barbados is to succeed it would do well to remember it’s heritage. BTW Britain was the first country in the world to abolish slavery.

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    Mute Gary Mullen
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    Nov 30th 2021, 6:48 PM

    Long live the Republic of Barbados and those whom walk upon it’s land !

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    Mute Marjory Proops-Tinklebottom
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    Dec 1st 2021, 2:00 AM

    @Gary Mullen: whom?
    Why use that?

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    Mute Marjory Proops-Tinklebottom
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    Dec 1st 2021, 1:57 AM

    Check back in in 5-10 years and just watch the way levels of poverty and corruption go through the roof.
    Happens all the time.

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    Mute Barry Dempsey
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    Nov 30th 2021, 11:00 PM

    Congratulations on the transition Barbados on becoming a Republic. However, they are Bajan, not Barbadian. Spent a long holiday there, one of the best places, Banks beer, hot sauce, rum, ear to ear smiles. Sunshine der be strait sometin outya dream

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    Mute Princess J.
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    Dec 1st 2021, 2:14 PM

    ..but you say nothing in the report about Rihanna and how she’s has become a hero?

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