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Lease question

  • 30-01-2008 6:35pm
    #1
    cheridere
    Closed Accounts Posts: 102 ✭✭


    Lease question?
    Hi,friends of mine has a problem regarding a lease on an apartment. They are in the apartment for over a year now and the original lease was for a year(they didnt think anything about extending it till now because there was no communication from the agengy when the year was up that they should extend or find another apartment). because of another issue with the apartment they got in contact with the agency and this is were the problem starts.
    The agency says they cannot get in contact with the landlord and they are not sure if my friends should stay in the apartment(bit slow if you ask me).
    So what can be done, should they immediately try and find another place or just stay till the landlord gets in contact. (they are paid up for another month)
    Can the landlord remove them from his premises(when he/she shows their face) because they are in the apartment longer than a year.
    anyway some advice would be welcome.


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    By virtue of having been there, your friends have acquired rights under the Residential Tenancies Act and can't be moved without reasonable notice. I've have to check, but something like 35 days based on how long they have been there.

    Be careful. If your landlord isn't registered for tax in Ireland, your friends are meant to be deducting tax - the Revenue will chase them.


  • #3
    Persius
    Registered Users, Registered Users 2 Posts: 76 ✭✭Persius


    Seeing as they're there more than 6 months, they're covered by resedential tennancies act. They can't be evicted unless some specific circumstances apply (one of these is if the landlord wishes to sell the property). If they are evicted, then there's a minimum notice of about 35 days. Check www.prtb.ie for details.

    As to Victor's comments about registered for tax in Ireland, it depends on a few things. Firstly, who are you paying the rent to? The landlord or the agency? If the agency, then it would be the agency's responsibility to deduct the tax IF the landlord is not an Irish resident. If you're paying the landlord, then do you have contact details for him - i.e. an address? If it's an Irish address, then it's reasonable to assume he's an Irish resident, and you do not have to take care of deducting taxes.

    Only if you're paying rent directly to the landlord, and you KNOW he's not an Irish resident, do you have to withold part of the rent and pay it to revenue.


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