Register with PRTB to accept rent allowance ?

snoopy_10

I have a place I am looking to rent, had it up on Daft there for a while, got loads of lookers, but most of the people were not suitable, a lot of people have dogs etc and this place is one bed flat, but my question is, do I as a landlord have to be registered with the PRTB or similiar to be able to rent this property to people in receipt of rent allowance payment, all of the people who looked at the property were getting rent allowance, (the country is in some mess !)..I tried to call the local social welfare office, rand about ten time left messages...that was 4 weeks ago still no reply...again (the country is in some mess !).. anyway before I get too depressed...can anyone answer me on this one...

Ian Beale

Your meant to register with the prtb regardless.

NIMAN

No you do not have to register your letting with the Board, but you are meant to. Plus you can be fined if you don't.

I think if you want to claim mortgage interest relief on your tax return then you have to have a PRTB number.

Ian Beale

NIMAN wrote: »

No you do not have to register your letting with the Board, but you are meant to. Plus you can be fined if you don't.

I think if you want to claim mortgage interest relief on your tax return then you have to have a PRTB number.

Yes you do,

Under the Residential Tenancies Act 2004, landlords have to register all tenancies with the Private Residential Tenancies Board (PRTB).

Source

NIMAN

Ian Beale wrote: »

Yes you do,

Source

OK, so you are supposed/meant to, but many don't - thats the point I was making.

I know a few landlords locally and when I was on the verge of renting out my house for the 1st time, I asked a few of them about the PRTB, making tax returns each year etc and the response I got from most was "Uh?". They knew nothing about these things, and I am sure many other landlords are the same.

Of course, some might know about them and choose to ignore them, but thats another matter.

So of course you are legally obliged to register but I still maintain that you don't have to. Its your choice as long as you know of the consequences if caught.

snubbleste

You must register with the PRTB.
Also you must provide your PPS no. to the Community Welfare Officer if you wish a tenant to receive rent supplement.

Jo King

Ian Beale wrote: »

Yes you do,

Source

No you don't. Only tenancies within the scope of the Act have to be registered.
3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—

(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,

(b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,

(c) a dwelling let by or to—

(i) a public authority, or

(ii) a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and which is occupied by a person referred to in section 9(2) of the Housing Act 1988 ,

(d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 , the fee simple in respect of it,

(e) a dwelling occupied under a shared ownership lease,

(f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,

(g) a dwelling within which the landlord also resides,

(h) a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,

(i) a dwelling the subject of a tenancy granted under Part II of section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.

http://www.bailii.org/ie/legis/num_act/2004/0027.html#parti-sec3

Ian Beale

Jo King wrote: »

No you don't. Only tenancies within the scope of the Act have to be registered.
3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—

(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,

(b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,

(c) a dwelling let by or to—

(i) a public authority, or

(ii) a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and which is occupied by a person referred to in section 9(2) of the Housing Act 1988 ,

(d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 , the fee simple in respect of it,

(e) a dwelling occupied under a shared ownership lease,

(f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,

(g) a dwelling within which the landlord also resides,

(h) a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,

(i) a dwelling the subject of a tenancy granted under Part II of section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.

http://www.bailii.org/ie/legis/num_act/2004/0027.html#parti-sec3

Which is why I said

Under the Residential Tenancies Act 2004, landlords have to register all tenancies with the Private Residential Tenancies Board (PRTB).

He wouldn't be asking about RA for those above exemptions.

Bigcheeze

As a tenant, should I care if the landlord has not registered?

amdublin

NIMAN wrote: »

OK, so you are supposed/meant to, but many don't - thats the point I was making.

I know a few landlords locally and when I was on the verge of renting out my house for the 1st time, I asked a few of them about the PRTB, making tax returns each year etc and the response I got from most was "Uh?". They knew nothing about these things, and I am sure many other landlords are the same.

Of course, some might know about them and choose to ignore them, but thats another matter.

So of course you are legally obliged to register but I still maintain that you don't have to. Its your choice as long as you know of the consequences if caught.

Revenue are apparently doing all kinds of crosschecks and searches atm so chances of getting caught are on the up...

Bigcheeze wrote: »

As a tenant, should I care if the landlord has not registered?

Meh

If you have a dispute you can still fight it through the prtb even if the LL is not registered.

snoopy_10

Hey thanks for all the info...i dont mind signing up with the PRTB, as the renenue are doing loads of checks around...like going into shop and picking up on the notice boards and calling people who are doing nixers on the side for cash...but my thing was that 99% if not 100% of people coming to see the place are getting rent allowance so like one guy said ill have to give the welfare officer my pps number anyway...thats really what i wanted to know...

swirlser

NIMAN wrote: »

So of course you are legally obliged to register but I still maintain that you don't have to.

Is that... are you... am I reading this sentence right?

Bigcheeze wrote: »

As a tenant, should I care if the landlord has not registered?

Nope, but your landlord sure will care if you raise a dispute against him, he'll be hit with fines and late reg fee's on top of whatever your bringing him there for (pretty good time to give a shout out to my previous landlords who tried to take any of my security deposit ^^/ hai)