Forgot to register one tenant with PRTB

kranky

I registered my tennants with the PRTB last year as I only rented out 2 rooms in the house. The Third room was then rented out half way thought the year but he only stayed for 2 months and I forgot to register him and its too late now as he has left. He was also on rent allowance...will the revenue check to see was he registered with the PRTB and then not allow me offset my interest on my mortgage...do they cross reference this? Or once I have a registration number is that all they need?

Kosseegan

If the rooms are rented separately with the tenants sharing common facilities there was no need to register at all. None of the tenants is the occupier of a dwelling. This was decided by the PRTB itself. You wasted your money registering the two tenancies you did register. You can lcaim your tax relief. The revenue won't be upset.

kranky

Are you sure? I thought that was only If I lived in the house, which I dont. I just rent out the rooms seperately, therefore assuming that each room is a seperate tennancy and so have to register each room with the PRTB?

pooch90

I thought it was only owner-occupiers that don't have to register (not 100% on that).

Surely if you rang PRTB/Threshold and just told them the story they would advise you as to what to do.

Jo King

PRTB decision which was posted on their own website.

Tribunal Reference Number TR10/DR532&589/2006.
Reasons for Decision of the Tribunal

On the facts agreed by the Parties the Tenant was not entitled to occupation of a “self-contained residential unit”.

Under the agreement entered into in December 2003 the Tenant is merely entitled to exclusive occupation of one bedroom and he shares other facilities including the kitchen, bathroom facilities and reception area facilities with other occupants.

The Landlord was of the view that the Tenant was not entitled to put a new lock onto the bedroom door. The Tenant contested this.

It is clear from the evidence that the letting does not come within the definition of “dwelling” as set out in section 4 of the Act of 2004. The shared facilities afforded to the Tenant could not be considered to be a “bed-sit” or any other form of “self-contained residential unit”.


The PRTB therefore has no application at all. This is so whether the Landlord resides in the building or not. Unless all of the tenants are on the same lease in which case the entire is a letting of a dwelling there is no need to register or worry about the PRTb coming after you..

kranky

I rang the PRTB about it today and (after being on hold for 11 mins) they told me I had to register...although I got the feeling that he wasnt really listening to me. He kept saying they were self contained units and I kept insisting that they weren`t, they are just rooms in a house and then he just said register them. So I was very unconvinced that he knew what he was talking about.
Has anyone got it in writing from the PRTB that you dont need to register si you are renting out rooms seperately and at different stages in house?
It seems like a grey area and I dont want the revenue after me for this....I should probably just pay it for an easier life but am so anti PRTB I begrudge giving them anything.

bath handle

Why not ask the Prtb for a copy of the decision referred to in the post above.

Kosseegan

I have a copy which I downloaded from the PRTB website if anyone wants to PM me.

kranky

I finally got a reply from the PRTB. I emailed them explaining the situation and they told me that I DID have to register with the PRTB. I dont know do they really know what they are talking about and just assuming that every landlord has to register. But unless we have it in writing from them we could get stung with the revenue on offsetting the interest on the mortgage.

Ray Palmer

kranky wrote: »

I finally got a reply from the PRTB. I emailed them explaining the situation and they told me that I DID have to register with the PRTB. I dont know do they really know what they are talking about and just assuming that every landlord has to register. But unless we have it in writing from them we could get stung with the revenue on offsetting the interest on the mortgage.

The revenue and PRTB are not allowed share information by law. Do not worry about the revenue and PRTB.
PRTB are separate and you can't fined by them for not registering on time. AFAIK you have to register separate residents but if landlord lives there you don't
Once the income on rent is below 10k a year you have to declare it but aren't taxed. You can offset the interest of you mortgage as an expense if the whole house is rented but not if you live there.

wench

Ray Palmer wrote: »

The revenue and PRTB are not allowed share information by law. Do not worry about the revenue and PRTB.

Yes the PRTB can provide data to the Revenue when they request it.
From section 148 of the Act:

the Board shall, at such time or times as are reasonably specified
in the request, furnish to the Revenue Commissioners—
(I) confirmation as to whether the landlord has registered a tenancy in respect of a
dwelling, and
(II) in the event of there being one or more than one tenancy
so registered, such of the particulars registered in
respect of it or them as the Revenue Commissioners may
require.

captivo

The revenue can and do receive information from the PRTB