Help Please - can Landlord do this?

thebullkf

Hi Folks,

Friend of mine is not Irish and renting for last 11 months, lease is up in 3 weeks. Owner has raised rent twice in last 2 years ...now rent is just too dear. so my friend has to vacate.

Owner has said they want to show the apartment to potential renters this weekend....friend explains that theres stuff all over the place i.e. boxes as they are preparing to move all their stuff in bits and pieces(mostly their furniture)
However the Landlords unhappy with this and has said in an email that he doesn't need my friends permission, that they'll come in when they like as its their perogative..

now my friend has no problem if there was a bit more notice than 2 days ... however not happy with the Landlords attitude that he can waltz in whenever he wants.

As an aside my mate said when he moved in the previous tenant knocked on his door to say tha LL refused to return his deposit (1000e) because he said he needed to paint the apartment and because he didn't upkeep it his deposit would have to cover it...

my mate and the previous tenant are foreign people.... is this the reason for these shenanigans???/

Is this legal?.....i smell a rat,and tbh if i'm wrong and it is legal.. i'm flabbergasted.

Thanks for any help in advance.

BostonB

No its because they don't know their rights. Regardless of where they are from.

http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

thebullkf

BostonB wrote: »

No its because they don't know their rights. Regardless of where they are from.

http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

Thanks for this;)

Thought as much tbh.

Anita M.

Painting is one of the costs that the tennant does not have to pay for and certainly can not come out of the deposit!
The owner gets up to 1000 Euro I believe (not sure about the amount) per tennant per year to deduct from his taxbill for various upkeep and repairs and he does not have to show he used this monies towards any costs (no receipts needed)
I have seen a previous landlord fill this out is how I know.
Ask others for the details.

BostonB

That would depend if the paint is due to general wear or damage.

exaisle

Anita M. wrote: »

The owner gets up to 1000 Euro I believe (not sure about the amount) per tennant per year to deduct from his taxbill for various upkeep and repairs and he does not have to show he used this monies towards any costs (no receipts needed)

I think that you're completely wrong. Can you supply evidence please?

athtrasna

exaisle wrote: »

I think that you're completely wrong. Can you supply evidence please?

+1. Absolutely not the case!

The_Conductor

Anita M. wrote: »

Painting is one of the costs that the tennant does not have to pay for and certainly can not come out of the deposit!
The owner gets up to 1000 Euro I believe (not sure about the amount) per tennant per year to deduct from his taxbill for various upkeep and repairs and he does not have to show he used this monies towards any costs (no receipts needed)
I have seen a previous landlord fill this out is how I know.
Ask others for the details.

I think you've confused a straight line deduction of fixtures and fittings (which a landlord is allowed do @ a flat 20% per year over a 5 year period) with a set credit per tenant (which quite frankly does not exist- never has, and never will).

A landlord is entitled to deduct all upkeep and repairs from the gross rental income, before determination of taxable income. All of them- if his painting job cost 1000 Euro- so be it. Its deducted from the gross rental income though- its once again, not a credit. He or she does not have to send in the receipts with their tax return- they have to keep it though- and be in a position to present it, if they are audited (and they are auditing a lot more landlords and any other sector which Revenue believe might involve cash-in-hand payments (such as the taxi trade for example)).

For a landlord who owns an apartment- the annual management charge- would also be an allowable expense to be deducted from the gross rental income.

I really think you've confused different things here........

Anita M.

You are right. I do not know the fine details about it like I stated earlier I only looked at it at a glance when a landlord was busy with that. It did not catch too much of my attention at that time as I was a tennant not a landlord.

Victor

thebullkf wrote: »

Friend of mine is not Irish and renting for last 11 months, lease is up in 3 weeks. Owner has raised rent twice in last 2 years ...now rent is just too dear. so my friend has to vacate.

Landlord is only entitled to rent increases in lien with the market, which has generally been falling.

Owner has said they want to show the apartment to potential renters this weekend....friend explains that theres stuff all over the place i.e. boxes as they are preparing to move all their stuff in bits and pieces(mostly their furniture)
However the Landlords unhappy with this and has said in an email that he doesn't need my friends permission, that they'll come in when they like as its their perogative..

now my friend has no problem if there was a bit more notice than 2 days ... however not happy with the Landlords attitude that he can waltz in whenever he wants.

This is called trespass, your friend would be entitled to call the Garda and have the landlord removed. However, in the interests of a quiet life, if would be useful to agree perhaps two periods per week, where the landlord can show the property, e.g. a two hour window on a weekday evening and a similar window on say saturday afternoon. You friend is perfectly entitled to stay at these times.

As an aside my mate said when he moved in the previous tenant knocked on his door to say tha LL refused to return his deposit (1000e) because he said he needed to paint the apartment and because he didn't upkeep it his deposit would have to cover it...

Make sure your friend takes detailed, dated photos when he moves out.

exaisle

smccarrick wrote: »

I think you've confused a straight line deduction of fixtures and fittings (which a landlord is allowed do @ a flat 20% per year over a 5 year period)

Just a small point...I think you'll find that the rate of "capital allowances" on fixtures & fittings is 12.5% over 8 years. The 20% rate finished in 2002.

E.