Landlord/Tenant Advise

*Dudette*

Hi there,

I bought a house a few years ago in the boom with my now ex boyfriend. Neither of us want to live in the house as it is quite a bit away from family and friends so therefore have it now rented out.

The mortgage is still quite high and I am still receiving TRS on it and we are both subsidising the mortgage every month as the rent is not covering it.

I have yet to register with the PRTB and I am slow do so as I believe I will lose the TRS.

I believe there is some tax relief you can get if I register but does anyone know the rate or the benefits of registering with the PRTB?

Any advise is appreciated

Xiney

By law you must register with the PRTB - if you ever have a problem with the tenants (if they stop paying rent for example) you'll have to go through them and then you'll get stung.

J-blk

*Dudette* wrote: »

does anyone know the rate or the benefits of registering with the PRTB?

I didn't think it was optional - you have to register with the PRTB:

1. What is the tenancy registration system?

It is a requirement on all landlords to register details of their tenancies within one month of their commencement on form PRTB1 available from this website. The information on the register will be used to provide aggregate data on the private rented sector. Personal details such as the tenant name, landlord name, rent, etc. will not be made public.

And:

5. What is the PRTB doing about unregistered landlords?

The steps being taken by the PRTB to pursue compliance with the registration requirement are in accordance with the provisions of the Residential Tenancies Act 2004 and, in particular, sections 144 and 145. They include the issue of notices to landlords and/or occupiers of the dwellings in question, and the prosecution of offenders for non-compliance with the registration requirement

http://www.prtb.ie/pubregfaq.htm

D3PO

so basically you claming tax relief by failing to provide revenue with your income details.

1. You owe €200 for the second home tax (relates to any house you own that your not living in regardless of how many homes you own)

2. Your not entitled to the TRS.

3. You have to register with the PRTB, if you dont you can be fined

4. You have to file a tax return and pay tax on the rental income

If your not doing all of this I hope you get caught and have the book thrown at you.

MCMT

D3PO wrote: »

so basically you claming tax relief by failing to provide revenue with your income details.

1. You owe €200 for the second home tax (relates to any house you own that your not living in regardless of how many homes you own)

2. Your not entitled to the TRS.

3. You have to register with the PRTB, if you dont you can be fined

4. You have to file a tax return and pay tax on the rental income

If your not doing all of this I hope you get caught and have the book thrown at you.

What is the procedure for landlord's who do not register with the PRTB and are then reported by tenents?

I know that they call them in...but then what generally happens? A slap on the wrist? A fine?

athtrasna

Slap on the wrist? You must be joking!! From prtb.ie "The registration of a tenancy is a legal requirement on the landlord. Landlords failing to register a tenancy may be guilty of an offence and upon conviction shall be liable for a fine of up to €3,000 and/or up to 6 months in prison, along with a daily fine of €250 for a continuing offence."

MCMT

athtrasna wrote: »

Slap on the wrist? You must be joking!! From prtb.ie "The registration of a tenancy is a legal requirement on the landlord. Landlords failing to register a tenancy may be guilty of an offence and upon conviction shall be liable for a fine of up to €3,000 and/or up to 6 months in prison, along with a daily fine of €250 for a continuing offence."

Fair enough.

But surely they don't just throw the book for a first offense? They can hardly convict the hundreds of landlords in breach of this that are brought to their attention annually.

Just wondering if anyone has had any experience being brought before the PRTB for first offence?

athtrasna

It's not a three strikes and you're out kinda process. The law is there. Nobody has a right to break it. From a landlord's point of view the PRTB are judgement happy...they fine very liberally. An offence is an offence, regardless of first, tenth, 100th.