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Landlord & PTRB

  • 26-01-2009 1:59pm
    #1
    Registered Users, Registered Users 2 Posts: 169 ✭✭


    Are all landlords required to register on the PTRB by law or is it optional? From research it looks like it benefits the landlord to do this - so why do some landlords not?


Comments

  • Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    I presume the main reason not to register is to help in evading tax on the rental income.

    Important to note that if you're renting out rooms in your own house under the rent a room scheme, you don't have to register with the PRTB and if your income is under €10k, it's tax free.


  • Closed Accounts Posts: 923 ✭✭✭sorella


    Yes they are. If they do not they can be fined or imprisoned.

    It imposes standards and rules that some landlords do not want to obey. Including no free invasive access to lets.

    Look at the web site.....

    paddyblue wrote: »
    Are all landlords required to register on the PTRB by law or is it optional? From research it looks like it benefits the landlord to do this - so why do some landlords not?


  • Registered Users, Registered Users 2 Posts: 14 Uncle Junior


    The chief reason for non-registration is non-declaration of rental income! As a landlord, if you're not registered with the PRTB you might well be shtuck if you're having a problem with a tenant as you will not be allowed take a case to the PRTB (while the tenant can!). If a tenant does take a case a non-registered landlord is allowed to present his/her case and in some instances that non-registered LL will win the case. In the main however, for €70 per tenancy, I would definitely say that it's worth it to register. BTW, rent-a-room scheme is entirely outside the definition of landlord-tenant relationship as, by definition, the owner is living in the house which means that the renter is not a tenant but a licensee (i.e. very few rights in law, cannot take a case to the PRTB).


  • Registered Users, Registered Users 2 Posts: 747 ✭✭✭tweety76


    A lot of people have only become "landlords" in the past year or so mainly due to the inability to sell their houses when trading up - I was one.

    It was due to ignorance that I never registered with the PTRB but did eventually when I found out that you are legally obliged to. So a lot of people probably do not know about it, the agency I used to rent out my property never mentioned it to me so I was none the wiser!


  • Closed Accounts Posts: 1,407 ✭✭✭Baby4


    This post has been deleted.


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  • Banned (with Prison Access) Posts: 31,117 ✭✭✭✭snubbleste


    Baby4 wrote: »
    This post has been deleted.

    She is required to register her property with the PRTB, ignorance of the law is not an excuse.
    Non-declaration of rental income is a matter for Revenue


  • Closed Accounts Posts: 1,407 ✭✭✭Baby4


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 2,789 ✭✭✭grizzly


    Baby4 wrote: »
    This post has been deleted.

    Some people might not have heard of the PRTB, but I doubt many wouldn't know about paying tax on an income.


  • Registered Users, Registered Users 2 Posts: 1,909 ✭✭✭Agent J


    Baby4 wrote: »
    This post has been deleted.

    Ignorance is no defence of the law.

    The PTRB has been around for 5 years so its not like the are brand new organisation.

    From my experience they are VERY interested in unregisteted landlords and will pin them to the wall. And quite right too. Too many people wanting to rent and not doing it properly. (Although having said that i've dealth with some really good landlords too but they seem to be in a minority)

    Also if the Landlord had an issue with the tenant and isnt registered then they have no comeback whatsoever. Any court case woould be referred to the PTRB whos first question to the landlord would be
    "What is your registration number?"

    Its really in a landlords own interest to be registered.


  • Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Baby4 wrote: »
    This post has been deleted.
    Sue the accountant for professional negligence. In reality, sooner or later the Revenue are going to catch up. Making a voluntary disclosure now means they are less likely to use the full force of their powers for interest and penalties. If they find it during an audit, mercy is less likely.
    What is the situation if she said she didn't know about PRTB??
    Then come clean.


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  • Registered Users, Registered Users 2 Posts: 1,102 ✭✭✭am i bovvered


    The only benefit I can see towards the landlord is the fact that revenue allows the interest of a BTL mortgage be claimed as an expense on registered properties.


  • Registered Users, Registered Users 2 Posts: 1,909 ✭✭✭Agent J


    The only benefit I can see towards the landlord is the fact that revenue allows the interest of a BTL mortgage be claimed as an expense on registered properties.

    Then you need to do more research.

    The landlord cannot bring a complaint aganist a tenant for non payment of rent, leaving the place in a mess etc etc etc if they are not registered and they are subject to being fined for it as well.

    However the tenant can regaurdless.


  • Closed Accounts Posts: 923 ✭✭✭sorella


    We had a landlord who would enter the premises every time we were out.

    He wrote that he could "enter his property any time he chose without giving a reason."

    We had no idea then re tenants' rights so called "threshold" whenw e found their website and they explained re the law and PTRB

    When we emailed PTRB; they assured us that they would "pursue him with an enforcement order" as he could be heavily fined or imprisoned or both.

    He registered then.

    If you are a tenant you need this done; but as another poster has said, even if he is not, your rights remain the same.

    If youa re an unregisterd landlord, you need to sort it. Not sure re arrears; maybe call Threshhold without giving a name and check all that; you are surely not the first to be in that situation. There will be protocol


  • Registered Users, Registered Users 2 Posts: 169 ✭✭paddyblue


    The only benefit I can see towards the landlord is the fact that revenue allows the interest of a BTL mortgage be claimed as an expense on registered properties.

    What about the interest on a normal morgage? Is this an allowable expense?


  • Registered Users, Registered Users 2 Posts: 237 ✭✭Traditional


    Is there no sympathy for the poor tennant or is it get the landlord time ?
    the problem with all these exta costs is that its normally passed on to the tennant , expenses now are starting to mount up biffo wants 200e per house PRTB 70e per tennant ber rating for house 400e, so who pays ?


  • Registered Users, Registered Users 2 Posts: 1,909 ✭✭✭Agent J


    Is there no sympathy for the poor tennant or is it get the landlord time ?
    the problem with all these exta costs is that its normally passed on to the tennant , expenses now are starting to mount up biffo wants 200e per house PRTB 70e per tennant ber rating for house 400e, so who pays ?

    The landlord does.

    Plenty of rental units available if they try to pass it on.

    Dont you love a free market?


  • Registered Users, Registered Users 2 Posts: 237 ✭✭Traditional


    well its only when you get in the door , then the stealth bills come in


  • Registered Users, Registered Users 2 Posts: 14 Uncle Junior


    Too many people, unfortunately, got into the amateur landlord business without really considering what the rental yield v. purchase cost equation was. They also did very little research on their obligations, e.g. compliance with minimum accommodation standards (new ones in since February 1st, c.f. www.environ.ie), PRTB registration, imminent arrival of non-PPR stamp duty, plus water charges etc. Of course they were able to get away with this in our artificially inflating housing market as they focused on the capital appreciation of their asset. Today, of course, that's all changed and only the long-term professional landlords who manage their business well will still be around in 5 years time.


  • Closed Accounts Posts: 923 ✭✭✭sorella


    Stealth bills? All costs are laid down in the lease. Landlord can legally claim nothing more than that.

    Ring Threshold?

    They will advise on this.
    well its only when you get in the door , then the stealth bills come in


  • Registered Users, Registered Users 2 Posts: 1,909 ✭✭✭Agent J


    well its only when you get in the door , then the stealth bills come in

    Stealth bills?

    Deliever by a B2 or what?

    Bull.

    Anyone in a rented house should be taking care of all the bills themselves and only pay the landlord the rent.

    Any "stealth" bills would be shown the door.


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  • Registered Users, Registered Users 2 Posts: 237 ✭✭Traditional


    Biffo will send sort you out when it comes to stealth bills , that great goverment that you voted for in the last ellection , and you deserve wot your getting now , ha ha


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