Want tenant out

abbey2000

ok, i have just rented my house. i advised the tenant (a friend of a friend) of the monthly rent, one month in advance and amount of deposit.

she rang and asked could she move in earlier than agreed, and i said she could. agreed to get deposit and advance rent off her when i was up (i live 2hrs away from house now).

when i get there, tenant has advance rent...no deposit. says she thought that the months rent in advance was the deposit? adv no, not the case. explained again about deposit and what it is for. agree to give tenant one month to get deposit together which tenant agrees to do.

fast forward two weeks later, tenant cannot come up with deposit, and now says she can only afford to give me 20 or 30 euro extra per month to try to meet the deposit that way.

tenant is also on benefits and has given my details and current address to the hse, who have now sent me a tax form to fill in. tenant had previously agreed not to do this. it is not worth my while to rent if paying tax on it, just not worth it. and yes, i know i should. but i would prefer to keep the house for my own personal use rather than pay tax on rent for it.

this is only tenants 2nd month in the house. i want her out. as she has been living there for less than 6 months, and has not paid a deposit, do you forsee any issues with this? i know she will be mad at having to go, but she has broken any agreement we had. i do not trust her and it is not worth my while renting the house to her (or anyone else) in these circumstances.

Paulw

She can lodge a dispute with the PRTB. Or, you can also lodge a dispute with the PRTB saying she didn't meet the agreed terms.

Either way, you cannot just evict someone.

Also, you must pay tax on your rental earnings, if it's over a certain amount, and you must also be registered with the PRTB. Nice penalties, if you don't.

abbey2000

i cannot give her notice and evict her when she has not met the terms of the agreement?

Paulw

abbey2000 wrote: »

i cannot give her notice and evict her when she has not met the terms of the agreement?

Correct. The proper procedure is to file a dispute with the PRTB.

Any notice given, must be in the correct format and specifications as per the Residential Tenancies Act 2004.

abbey2000

actually, whats the amount that the rent should be over before you start paying tax on it?

Paulw

It depends if it's a rent-a-room or if you're renting out the whole premises.

Have a look on Revenue.ie for full and specific details.

Also, you must have any tenancy registered with the PRTB or you can be liable for a fine up to €3,000.

D3PO

you cant evict her or even begin eviction proceedings on the basis of not getting a despost, shes not behind in rent only in terms of a desposit.Thats your fault for giving over the keys without getting the desposit.

you can however give her notice to vacate the property provided she has not signed a fixed term lease as the tennancy is under 6 months. 28 days notice is required.

however think about the concequences before you do that, how will that impact your releationship with your friend who this person is also friends with ? will this person be vindictive in terms of shoppng you to the revenue for tax avoidance (personally I would)

id if the tennancy isnt registered with the PRTB they could bring that to light. Unregistered tennancys can cost you a fine of up to €3,000

this post assums your renting out the house and not renting a room

subway

D3PO wrote: »

this post assums your renting out the house and not renting a room

the OP lives 2 hours away so i think we can safely assume the rent a room scheme doesn't apply.

to the OP -
register the tenancy, pay your taxes.
if you do't like the rules, get out of the game.
you're just making things worse for yourself, for other landlords and obviously tenants.

my 2c btw, your "friend" knows what's going on and is taking advantage of the very weak position you are in legally and with the revenue.
watch out.

radioactiveman

Sorry but I can't help thinking you shouldn't have let her move in at all without the deposit. This type of thing is standard from tenants which is why you have to lay down the law and be prepared for it. A lot of tenants if they don't HAVE to do something they won't do it and won't care less.

jimmycrackcorm

No sympathy for the OP. She wont give the tenant any leeway but expects to have a tax leeway from the revenue.

Paulw

In fairness, the tenant has the OP over a barrel. The tenant can lodge a dispute with the PRTB, and can report it to the Revenue.

The OP needs to pay the proper taxes and also register with the PRTB, and then might be able to begin to have the tenant removed, as per the Residential Tenancies Act 2004.

The tenant just has to sit tight.

antoinolachtnai

The OP needs to give proper notice immediately. If the OP doesn't know how to give proper notice, he/she should really consult a solicitor. It will be worth it.

It is tremendously important that the OP not attempt to evict the tenant. Again, if the tenant doesn't know the procedure, professional advice is needed.

It's a separate matter, but really, there is no point trying to hide rental income from the taxman. It just won't work.

beeno67

abbey2000 wrote: »

i cannot give her notice and evict her when she has not met the terms of the agreement?

Well quite clearly you have not met the terms of the agreement either. You are legally obliged to register the property with PRTB and pay tax.

bobbysands81

abbey2000 wrote: »

actually, whats the amount that the rent should be over before you start paying tax on it?

However, if you are still "living" in the house and are merely "renting a room" under the "rent a room scheme" then she is staying in your house under "license" and can be asked to move out whenever you want her to move out.

You sure you're not still "officially" living there???:p;):)

tenchi-fan

Give her notice immediately. Return her deposit and tell her she's behind on rent. No rent received, no tax bill. Better to do it now before it becomes a bigger problem. She's obviously making a complete nuisance of herself.

Next time you try to rent out the house make sure you get a deposit and one month up front before letting any one move in.

Next, the tax end. Unless you're availing of the rent a room scheme you are leaving yourself wide open to problems with the tax man. I know some one who was renting a little one bedroom cottage to a hungarian couple for €100 a week, cash in hand. Four years later they're heading back to Hungary and they asked for his tax details.

who_ru

radioactiveman wrote: »

A lot of tenants if they don't HAVE to do something they won't do it and won't care less.

so this is true for all tenants in rented accommodation is it?

talk about total generalisations - don't support your claim by facts either of course just make sweeping statements and apply to all. well done.

Victor

Tax only becomes an issue if you are making a profit.

You are, presumably, late in registering the tenancy, so just pay the late registration fee.

"In all circumstances where the tenancy is being registered more than 1 month after the commencement of the tenancy, a fee of €140, per tenancy, is payable for these late registrations. There are no exceptions to this." - from http://www.prtb.ie/DownloadDocs/RegistrationForm.pdf

irlirishkev

abbey2000 wrote: »

...it is not worth my while to rent if paying tax on it, just not worth it. and yes, i know i should. but i would prefer to keep the house for my own personal use rather than pay tax on rent for it.

This really p*sses me off. TS tbh. If you're willing to break the law because it doesn't suit you, then you should really get out of the letting business.

Register your tenancy with the PRTB. It's there to protect you and the tenant, and you're only shooting yourself in the foot by not registering, if you have problems (which you do!).

Pete4779

jimmycrackcorm wrote: »

No sympathy for the OP. She wont give the tenant any leeway but expects to have a tax leeway from the revenue.

Plenty of leeway was already given by not having to pay the deposit. as soon as that happened, she should never have been allowed move in.

If there is a written lease, consult a solicitor.

The lease can be ended, in any case, if it's within the first 6 months of tenancy. This is to protect the landlord who may want to move back into the house themselves, or for other reasons.

as above, the tax in of the profit from the tenancy income. It may be the case (these days especially) that there is no profit and maybe even a loss. Therefore, the tax situation is minimally involved here.

suimhneas

why rent out the house if your not willing to pay tax? Im renting a house from a similar type person (greedy) who wont pay tax on her hefty rent income, i had no choice from a small rural area with zero other properties available long term. The problem i have with my greedy witch is i have zero rights since she isnt registered, the onl way i can get rights is to report her which will leave me homeless. There are so many bloody things to be fixed in the house damp/ painting/ drains horrible rotten capet thats falling apart, i rang her about it noting was done, i wrote to her nothing was done, I just cannot win. Sorry im ranting on someone elses thread, but not paying tax on your income is bloody wrong, if you dont want to pay tax like the rest of us the board up the bloody house.