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"You've two days, get your stuff and get out"

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  • Closed Accounts Posts: 265 ✭✭sophia25


    jsd1004 wrote: »
    As 75% of rental and such items as depreciation can be written off against mortgage interest most LL's would be tax compliant as it costs very little if they have a mortgage. A lot however are not registered with PRTB

    There's a huge caveat with this though, you can not write off mortgage interest,depreciation etc. unless you are registered with PRTB. It is a small fee to register a tenancy to make huge tax savings so it is a given, if a LL has not registered with the PRTB, they are not tax compliant. The LL does not realise that while they may own the property, the tenant has paid for possession and it is their home. The op has acquired Part 4 tenant rights and therefore notice can only be given based on section 34 of RTA, mind you I can understand why she would want to leave. If i was wearing my professional hat, I would not condone OP using deposit for last month's rent, however..... off the record and based on ll's flagrant disregard of legislation, I totally agree and support this.:D


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    What about LL without mortgages?


  • Closed Accounts Posts: 265 ✭✭sophia25


    Tbh most accountants would advise people to raise a mortgage against the property even for refurbishment as the tax take on rental income i very high anyway. Even without a mortgage though there are other tax deductibles that can't be applied if property isn't registered so the idea that people would not pay €90 to be fully compliant and access tax breaks doesn't really make sense.... but maybe there are the odd few. In general you can assume if someone won't pay €90 to register the tenancy they generally aren't that interested in compliance.


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Would the interest on a mortgage be less then the tax you pay not having one?


  • Registered Users Posts: 1,222 ✭✭✭bigneacy


    tara73 wrote: »
    .... explained the fact why you did it (except that you're unemployed...) at all and you don't have to but your side of the story still smells fishy to me as well...

    I never said I was unemployed! I said due to my work situation it suited me best, which it does - I don't have to explain my cash flow and banking situation on a public forum, you'll just have to take my explanation that for rent payments (and everything else currently) I pay cash only, as a matter of choice and convenience - not for any illegitimate or immoral reasons. The fact that you find it "fishy" bothers me, not in the slightest.
    tara73 wrote: »
    ...still renting properties without a proper written agreement....

    And also - I don't know where along the line I said I didn't have a signed lease and inventory. I have both of these, as well as copies held by my EA.


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  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Nothing wrong with cash. You just need a receipt though, and a rent book.


  • Registered Users Posts: 2,644 ✭✭✭SerialComplaint


    BostonB wrote: »
    Would the interest on a mortgage be less then the tax you pay not having one?

    The interest on the mortgage, less the tax relief on that mortgage interest would generally be less that what you would earn by putting that money on deposit.

    So a landlord is better off maximising their mortgage and paying interest nett of tax relief, and keeping their spare cash on deposit that they would be by repaying the mortgage and reducing the debt.

    Another great subsidy from Bertie and Brian to the property sector.


  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    I asked before but didn't get an answer,

    if I pay cash into my LLs bank acc and get a bank receipt including amount, acc number and my name as reference on the reciept would this do as proof of payment of rent?


  • Registered Users Posts: 1,222 ✭✭✭bigneacy


    UPDATE:

    Landlord and her husband called out to the house last night (unannounced as per usual). After our discussion, it is painfully (and hilariously) obvious that they went into their Solicitor all guns blazing and we're told the real lay of the land in this situation. They arrived out with tails between their legs in a last ditch attempt to cover themselves. It actually looked like they were in pain apologising and trying to make out we were all good friends.

    They told us they got our letters and they thanked us for doing it all properly, they told us not to be rushing ourselves and that we could take as long as we needed to move out and they were sorry(!!!) for how things got so heated on Tuesday night.

    They said so long as we leave the property in good condition then it could all end amicably. The landlady told us that we could reach her anytime by phone if we needed anything and that she regrets it getting out of hand, said she didn't know how it did as she was going to fix the alarm for us(!!!).

    Now - I don't know how much of a picture of these people I gave you in my OP and subsequent posts but this was her on tuesday night:

    images?q=tbn:ANd9GcSxRJ48XSBMRCvCCHcD6-0-YqvsajvWs07yXiKF04NUDzfPGvn5eQiI1tPfYQ

    and this was her last night:
    ml_9.jpg

    (AND BEFORE ANYONE STARTS: She said on tuesday several times she wasn't going to fix the alarm and it wasn't her problem, she never ever answers the phone, she never even pretended to give a ****e before - she wasn't apologising for any reason other than she now realises how vulnerable her situation is)


  • Registered Users Posts: 1,222 ✭✭✭bigneacy


    BostonB wrote: »
    Nothing wrong with cash. You just need a receipt though, and a rent book.

    Very true, I asked her several times and was blown off (:pac:). I shouldn't have stood for it - I dropped the ball here by not getting a receipt and rent book. It won't be let happen again, believe me.


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  • Registered Users Posts: 1,222 ✭✭✭bigneacy


    IPAM wrote: »
    I asked before but didn't get an answer,

    if I pay cash into my LLs bank acc and get a bank receipt including amount, acc number and my name as reference on the reciept would this do as proof of payment of rent?

    I'd imagine it would - its a cash trail that is tangible I suppose.


  • Closed Accounts Posts: 265 ✭✭sophia25


    IPAM wrote: »
    I asked before but didn't get an answer,

    if I pay cash into my LLs bank acc and get a bank receipt including amount, acc number and my name as reference on the reciept would this do as proof of payment of rent?

    That is your proof of payment so you have an actual money trail and wouldn't need a rent book etc.


  • Closed Accounts Posts: 1,163 ✭✭✭smk89


    bigneacy wrote: »
    I'd imagine it would - its a cash trail that is tangible I suppose.

    So are you still going to tell the PRTB and taxman about her?


  • Registered Users Posts: 2,644 ✭✭✭SerialComplaint


    smk89 wrote: »
    So are you still going to tell the PRTB and taxman about her?

    Please do - after you've settled everything with her.


  • Registered Users Posts: 78,379 ✭✭✭✭Victor


    tara73 wrote: »
    I didn't questioned that he didn't live there or the LL claiming he didn't live there.
    my point is the nonexistent proof of any paid money/rent towards the LL!
    I strongly doubt there's proof of a paid deposit.

    so how can a cashflow be reported to revenue if there's no proof of this cashflow??

    The lay use of the word "proof" is too high a standard. A judge will take the balance of evidence based on what appears to be the most reliable witnesses and most reliable evidence.


  • Registered Users Posts: 78,379 ✭✭✭✭Victor


    IPAM wrote: »
    I asked before but didn't get an answer,

    if I pay cash into my LLs bank acc and get a bank receipt including amount, acc number and my name as reference on the reciept would this do as proof of payment of rent?

    In most cases it would be reasonable evidence.

    It isn't conclusive evidence, e.g. the landlord could argue that he had loaned you money and that you were merely repaying him. You could counter this by saying the amount matched the rent amount on the lease, etc.


  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    Victor wrote: »
    In most cases it would be reasonable evidence.

    It isn't conclusive evidence, e.g. the landlord could argue that he had loaned you money and that you were merely repaying him. You could counter this by saying the amount matched the rent amount on the lease, etc.

    Good to know, Thanks :)


  • Closed Accounts Posts: 429 ✭✭johnners2981


    bigneacy wrote: »
    UPDATE:

    Landlord and her husband called out to the house last night (unannounced as per usual). After our discussion, it is painfully (and hilariously) obvious that they went into their Solicitor all guns blazing and we're told the real lay of the land in this situation. They arrived out with tails between their legs in a last ditch attempt to cover themselves. It actually looked like they were in pain apologising and trying to make out we were all good friends.

    They told us they got our letters and they thanked us for doing it all properly, they told us not to be rushing ourselves and that we could take as long as we needed to move out and they were sorry(!!!) for how things got so heated on Tuesday night.

    They said so long as we leave the property in good condition then it could all end amicably. The landlady told us that we could reach her anytime by phone if we needed anything and that she regrets it getting out of hand, said she didn't know how it did as she was going to fix the alarm for us(!!!).

    Please say you're still going to report her, can't let LLs like this get away


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    bigneacy wrote: »
    UPDATE:

    Landlord and her husband called out to the house last night (unannounced as per usual). After our discussion, it is painfully (and hilariously) obvious that they went into their Solicitor all guns blazing and we're told the real lay of the land in this situation. They arrived out with tails between their legs in a last ditch attempt to cover themselves. It actually looked like they were in pain apologising and trying to make out we were all good friends.

    They told us they got our letters and they thanked us for doing it all properly, they told us not to be rushing ourselves and that we could take as long as we needed to move out and they were sorry(!!!) for how things got so heated on Tuesday night.

    They said so long as we leave the property in good condition then it could all end amicably. The landlady told us that we could reach her anytime by phone if we needed anything and that she regrets it getting out of hand, said she didn't know how it did as she was going to fix the alarm for us(!!!).

    Now - I don't know how much of a picture of these people I gave you in my OP and subsequent posts but this was her on tuesday night:

    images?q=tbn:ANd9GcSxRJ48XSBMRCvCCHcD6-0-YqvsajvWs07yXiKF04NUDzfPGvn5eQiI1tPfYQ

    and this was her last night:
    ml_9.jpg

    (AND BEFORE ANYONE STARTS: She said on tuesday several times she wasn't going to fix the alarm and it wasn't her problem, she never ever answers the phone, she never even pretended to give a ****e before - she wasn't apologising for any reason other than she now realises how vulnerable her situation is)

    Did my old heart to read this!

    We have had similar "success" here after a year of aggro from an old man neighbour re a defunct right of way. All the local Gardai know the way here now

    He was apparently finally told by his solicitor that there is no right of way- period. We only learned this when we came home from a long day at market to find the gate had been destroyed with an axe and he had rampaged, throwing the gas bottle round etc - and using the drive as his toilet.

    When the Gardai went round to him, he apparently threatened to kill them and raised his fists to them.

    Which did not go down well of course;)

    That was June 1st and all has been quiet since.. it is called as in your case, giving them enough rope to hang themselves. Using the correct channels always,,,,

    Please God you find peace and pleasure in your new house. You deserve it.


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