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My friend's landlord accuses her of owing rents

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    #32
    Orim
    Registered Users Posts: 4,971 ✭✭✭Orim


    A lot of guns being jumped here. We don't even know why the rent is being disputed yet. It could be all a misunderstanding and people are talking about moving out.

    Best guess is that it's down to monthly payments being made and somebody in the situation not accounting for a discrepancy in the payments owed. Should be easily resolved with a chat and maybe a bit of compromise on behalf of whoever made the mistake.

    As an aside, it's crazy that a tenant is supposed to responsible for their landlord's tax affairs. I don't think I've known if any of my landlords have been resident here.


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    #33
    Kobe
    Registered Users Posts: 89 ✭✭Kobe


    still no news until now, will keep everyone posted when my friend gets reply from her landlord.


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    #34
    Sulla Felix
    Closed Accounts Posts: 2,442 ✭✭✭Sulla Felix


    Orim wrote: »
    A lot of guns being jumped here. We don't even know why the rent is being disputed yet. It could be all a misunderstanding and people are talking about moving out.

    Best guess is that it's down to monthly payments being made and somebody in the situation not accounting for a discrepancy in the payments owed. Should be easily resolved with a chat and maybe a bit of compromise on behalf of whoever made the mistake.

    As an aside, it's crazy that a tenant is supposed to responsible for their landlord's tax affairs. I don't think I've known if any of my landlords have been resident here.

    On that note alone I'd advise moving out because she's been in tenancy too long to just start holding back the due tax now.


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    #35
    h2005
    Registered Users Posts: 1,384 ✭✭✭h2005


    How realistic is it that revenue go after her for the unpaid tax? If its a real possibility I'd be cutting my losses.


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    #36
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Sulla Felix wrote: »
    On that note alone I'd advise moving out because she's been in tenancy too long to just start holding back the due tax now.

    Ok, on the one hand OP is not sure where LL lives, whether he has a property company here which is registered with revenue, whether he lives here part time and pays tax here. What we do know is that OPs friend has lived in a house for 6 years, it is her home, she pays the rent and has slips (so is probably by lodgement) and that her LL thinks she owes rent, which is easy to prove by the way. Who says she has to hold back money due to tax now?

    If she follows your advice:

    1. she is leaving her home.
    2. she may lose her deposit if she does indeed owe rent.
    2. if she hasn't paid the remainder there will be no reference.
    4. she will have to go house hunting possibly in a market with increasing rents and competition for nice houses.


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    #37
    eezipc
    Closed Accounts Posts: 534 ✭✭✭eezipc


    This may be a bit simple, but has anyone considered that the landlord may have made an error?
    Perhaps the landlord owns other properties and sent the letter to the wrong house by accident.
    If it were me, I would not be too worried yet as long as I have proof of paying rent each month.
    Best just to wait for feedback from the landlord.


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    #38
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    MiseryMary wrote: »
    If he starts harassing her for payments even tho she can prove it print them out for backup and also refusing to give her deposit back over this ,she could get a solicitor/lawyer sue him for harassment /unnecessary stress
    Surely, in the first instance, it's up to the landlord to indicate when payments, either in part or in full, have been missed. If the landlord knows, then he should say when and by how much.

    Furthermore, the landlord is obliged to provide his address (or an address in the State, though I stand to be corrected of the "within the State" point) where legal documents may be served. This includes documents from the PRTB should a case be brought against him.

    If there never was a lease, then a rent book must be furnished and which must include the landlord's (or his agent's address, for the same purpose.


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    #39
    Kobe
    Registered Users Posts: 89 ✭✭Kobe


    My friend finally got the long waiting reply (took about one week), he simply just apologized and said it was a mistake.
    She relieved but lost faith and the same time, will probably move out when she finds a good house for rent in her area. I have to say thank you to everyone here, really helped my friend at lot, she's not a user of this forum but she's following this thread.


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    #40
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Don't forget she will have to give 56 days notice in writing.


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