Tenancy agreement, and PRTB query

thesiren

I'm currently renting an apartment with a friend, rent is paid cash in hand each month and we don't have a tenancy agreement. Is this legal (my landlady is actually a solicitor)? If not, could someone please advise the best course of action for us to take? I'm currently trying to claim tax back online and they require a tenancy agreement.

Additionally, I rented an apartment 2 years ago with a man who I since discovered was not registered with the PRTB. He wouldn't give me back my deposit because "the walls needed painting" after I moved out (I kept the place spotless but supposedly the paint job cost 600 euros). I still have the tenancy agreement from that property, is there any action I can take even 2 years down the line?

Thanks for any advice, much appreciated.

D3PO

Do you have a rent book which would normally state the basis details of a tenancy at the back and would therfore be considered a tenancy agreement ? If so paying cash is not a big deal. The landlady is legally obliged to supply you with one. If you don't have one ask her for one tell her you want to claim rent relief and need it. Is shes above board she will sort it no hassles, if shes not then the fun starts.

as for the old tenancy. Id imagine making a PRTB claim two years later would be fine to do however id imagine you would be heavily disadvantaged when it comes to the actually adjudication unless you have some decent proof backing up your claims. It wouldn't be unusual for people to be skeptical of the legitimacy of the claim if it was left for two years before being made weather it is genuine or not.

thesiren

D3PO - Many thanks. I don't have a rent book, but will request one on the basis that I'm applying for rent relief.

I had just moved to Dublin when I was renting 2 years ago, and only found out about the PRTB recently after a conversation with a colleague (I'm from the UK and we don't have anything like the PRTB there). But I'll give it a go.

D3PO

thesiren wrote: »

D3PO - Many thanks. I don't have a rent book, but will request one on the basis that I'm applying for rent relief.

I had just moved to Dublin when I was renting 2 years ago, and only found out about the PRTB recently after a conversation with a colleague (I'm from the UK and we don't have anything like the PRTB there). But I'll give it a go.

No harm giving it a go. The cost to make a claim versus the possibility of getting your €600 back is well worth it.

thesiren

Just found out that our landlord/landlady don't want to give us a rent book, that they wanted cash in hand as it is better for them and makes more sense for them not to give us a rent book due to their 'financial position' (for a person who gives talks worldwide - I could say more but then I think people would know who it is - and a lawyer, I wouldn't think they are in a bad financial position) and that this is the reason they rented the place to us at a 'reduced price'.

I know exactly how much this apartment is worth having seen a neighbouring apartment go on sale. So there is no way what we are paying as rent is low or reduced. And I am gutted and furious because I can never apply for a mortgage now, because there is no proof that I was paying rent for the past year. Does anyone know what my rights are if any? I am really really scared

D3PO

thesiren wrote: »

Just found out that our landlord/landlady don't want to give us a rent book, that they wanted cash in hand as it is better for them and makes more sense for them not to give us a rent book due to their 'financial position' (for a person who gives talks worldwide - I could say more but then I think people would know who it is - and a lawyer, I wouldn't think they are in a bad financial position) and that this is the reason they rented the place to us at a 'reduced price'.

I know exactly how much this apartment is worth having seen a neighbouring apartment go on sale. So there is no way what we are paying as rent is low or reduced. And I am gutted and furious because I can never apply for a mortgage now, because there is no proof that I was paying rent for the past year. Does anyone know what my rights are if any? I am really really scared

you have nothing to be scared about. Tought they have no choice they cant refuse. Who cares about their financial situation.

Hold your ground. Tell them you require one to claim rent relief and that if they dont give you one you will report this to the PRTB and revenue. They will probably offer to drop your rent saving you the rent relief cost, up to you if you take it.

Dont let this scumbag tax dodger try dictate terms. Get what you are entitled to and when you move out rat them out regardless.

thesiren

D3PO wrote: »

you have nothing to be scared about. Tought they have no choice they cant refuse. Who cares about their financial situation.

Hold your ground. Tell them you require one to claim rent relief and that if they dont give you one you will report this to the PRTB and revenue. They will probably offer to drop your rent saving you the rent relief cost, up to you if you take it.

Dont let this scumbag tax dodger try dictate terms. Get what you are entitled to and when you move out rat them out regardless.

Thanks so much. My housemate is currently away so I am going to discuss this with him when he comes back, I've had such bad experiences with renting that I guess I am just more upset and scared about this than maybe I should be.

They had the gall to say that they dropped the rent for us when we moved in. Frankly this is balls because I know how much this place is worth. I'm mostly worried I won't get my deposit back, and I earn so little as it is that I really need it. And I have absolutely no problem with naming and shaming them if it comes down to it - I just don't want them to take a case against me or something (if that's possible).

D3PO

thesiren wrote: »

Thanks so much. My housemate is currently away so I am going to discuss this with him when he comes back, I've had such bad experiences with renting that I guess I am just more upset and scared about this than maybe I should be.

They had the gall to say that they dropped the rent for us when we moved in. Frankly this is balls because I know how much this place is worth. I'm mostly worried I won't get my deposit back, and I earn so little as it is that I really need it. And I have absolutely no problem with naming and shaming them if it comes down to it - I just don't want them to take a case against me or something (if that's possible).

They cant take a case against you but if they were to withold your deposit without reason you could make and will win a case against them. Dont worry your have lots of protection and help youa re in the right and will be fine.

thesiren

D3PO wrote: »

They cant take a case against you but if they were to withold your deposit without reason you could make and will win a case against them. Dont worry your have lots of protection and help youa re in the right and will be fine.

Great, thanks. One of my colleagues said they weren't sure that we had rights if we agreed to the cash in hand situation, but I know people who have paid cash in hand each month and still had a rent book.

odds_on

thesiren wrote: »

Just found out that our landlord/landlady don't want to give us a rent book, that they wanted cash in hand as it is better for them and makes more sense for them not to give us a rent book due to their 'financial position' (for a person who gives talks worldwide - I could say more but then I think people would know who it is - and a lawyer, I wouldn't think they are in a bad financial position) and that this is the reason they rented the place to us at a 'reduced price'.

I know exactly how much this apartment is worth having seen a neighbouring apartment go on sale. So there is no way what we are paying as rent is low or reduced. And I am gutted and furious because I can never apply for a mortgage now, because there is no proof that I was paying rent for the past year. Does anyone know what my rights are if any? I am really really scared

A landlord is required by law to provide tenants with a rent book. Usually, the tenancy agreement acts as the rent book - payments are deemed as paid according to the agreement. Where there is no written tenancy agreement, the the landlord must provide a rent book, which also contains certain information in relation to the tenancy, tenant and landlord.

bisset

Are you a lodger. Does you landlord live on the same premises and share a kitchen with you? If so I think different regulations apply. Citizen's Information Centre or Threshold should be able to advice you.

Meeoow

http://www.citizensinformation.ie/en/housing/renting_a_home/tax_relief_for_tenants.html
According to citizens info, you are not entitled to rent relief, it is being phased out, and you can only apply now if you were in the house from December 2010. So not sure why you are worried.
You can put a claim into the PRTB even if landlord is not registered.
If you are not happy in house you should move on. It's a renters market

thesiren

bisset wrote: »

Are you a lodger. Does you landlord live on the same premises and share a kitchen with you? If so I think different regulations apply. Citizen's Information Centre or Threshold should be able to advice you.

The landlord doesn't live on the same premises. Thanks, I'll get in touch with Threshold.

thesiren

Meeoow wrote: »

http://www.citizensinformation.ie/en/housing/renting_a_home/tax_relief_for_tenants.html
According to citizens info, you are not entitled to rent relief, it is being phased out, and you can only apply now if you were in the house from December 2010. So not sure why you are worried.
You can put a claim into the PRTB even if landlord is not registered.
If you are not happy in house you should move on. It's a renters market

It's not even just to do with rent relief - if I want to get a mortgage in future I need proof that I was making monthly rent payments so that I can prove I'd be capable of making mortgage instalments, and I don't have that because they refuse to give me a rent book.

thesiren

My flatmate refuses to do anything about this because he is scared that they will put up the rent if they are challenged about giving us a rent book.

I spent the evening looking through the published register on the PRTB website - and despite us being led to believe otherwise, they aren't even registered there.

If I take a case against them over this, what are the benefits to me, given that my flatmate wants nothing to do with this?

D3PO

thesiren wrote: »

My flatmate refuses to do anything about this because he is scared that they will put up the rent if they are challenged about giving us a rent book.

I spent the evening looking through the published register on the PRTB website - and despite us being led to believe otherwise, they aren't even registered there.

If I take a case against them over this, what are the benefits to me, given that my flatmate wants nothing to do with this?

i have no idea what your flatmate is scared of but either way your entitled to take a case regardless. The benefits are you will force this landlord/.lady to act properly and not like a slumlord.

you ahve nothing to lose at all