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Tenant overholding



  • Registered Users Posts: 7,579 ✭✭✭ whippet

    That is no use to anyone who has a single property to rent and no ambition to own anymore. The term ‘accidental’ landlord is much used but is true - as I was that unfortunate before. Fuelled by historic government’s housing policies means that this rental stock is needed.

    There are REITs buying up stock to do just as you said above - and again the government is being pressurised in to stopping them from operating.

    So either the state supplies housing to those who can’t afford it or those who can’t afford it are left to the mercy of sourcing private assets from individuals or companies. We know the latter isn’t working - but yet the state keeps making up schemes to divert away from just building houses. Yes it will take 5-10 years before we see stock - but we need to start or else in 10 years we will be in the same poxy position as a nation.

  • Registered Users Posts: 16,097 ✭✭✭✭ Donald Trump

    I never said it was any use. I was merely pointing out that complaining about personal vs. corporate tax rates is this context is often from someone who may not be fully aware of what it entails. I was pointing out that they could get the same benefits as a company by forming one. The only main benefit of that, as you appear to be aware yourself, would be for purchasing more property

    If you buy a newsagents, you will (presumably) treat it as a will still pay your own personal marginal rate of tax on whatever you draw out of that business. Same as if you buy a property to rent out. You can treat that as a business if you want. You are still liable for your personal marginal rate of tax on whatever you draw from it

  • Registered Users Posts: 14,306 ✭✭✭✭ jimmycrackcorm

    Tenant is given lawful notice and locks changed. New Tenant moves in the following day.

    I think it would be very difficult for the previous tenant to get away with breaking and entering after it's shown their lease is up validly.

  • Registered Users Posts: 9,236 ✭✭✭ Caranica

    If it were that easy this forum wouldn't be full of LLs with stories of overholding tenants. The OP would want very deep pockets if they took your "advice"

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  • Registered Users Posts: 220 ✭✭ Comment_below

    It all depends on the situation.

    TThe biggest payouts refer to tenants with young families, that weren't given any valid notice of termination and the payout includes alternative temporary accommodation for the family that isn't cheap.

    My case is a single tenant in a 2 bed property on HAP whose homeplace is 8km away , been given a valid notice of termination of 7 months. There's communication showing that he "has no issue" getting alternative accommodation. Other communication showing he's quite difficult in engaging in an inspection and appears to lie.

    Every situation is different and that's to job of the RTB adjudicator to decipher. Plus what if the ll doesn't pay the determination order? In Ireland , the sheriff or court official arrives tries to enforce, ll says he'll try pay in a month etc , this can go on for years.

  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 62,184 Mod ✭✭✭✭ L1011

    Any further suggestions/hints/implications of how to perform an illegal eviction will be dealt with quite harshly.

    Do not reply to this post.

  • Registered Users Posts: 5,627 ✭✭✭ Red Silurian

    I was self employed for a long time and I had to pay the full rate of tax on my profits, now I'm a PAYE employee and have to pay full tax on all my earnings... Why should a landlord be any different?

  • Registered Users Posts: 16,097 ✭✭✭✭ Donald Trump

    It's off topic but I gather that some people appear to think incorrectly that if you own a business that you somehow only pay 12.5% tax on your income from it.

  • Registered Users Posts: 5,368 ✭✭✭ JimmyVik

    I know a few people who are over 3 years and counting trying to get rid of problem and non paying tenants.

    One of them has been reading this thread and is off to find out how bad the punishment he will get for just changing the locks.

    I think his punishment so far in rent arrears is over €30K. God knows what it will be when he adds in the damage they have done to the property.

    He says he will have no problem getting in as they are always on holiday, presumably with the rent they arent paying him :)

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  • Registered Users Posts: 7,579 ✭✭✭ whippet

    No sure what you are trying to say ? As landlord it's you income in total is taxed as a self employed / business the tax is on profits after all expenses (broadly speaking) .. two different animals .. and landlords don't have the vast options a business has to classify expenses as such

  • Registered Users Posts: 220 ✭✭ Comment_below

    If this is a true story, any 'award' given to the tenant for unlawful termination will be debited from the rent arrears, which if true in this case will be 30k therefore a determination order will enforce the payment of rent arrears to the landlord. However the story sounds unbelievable.

  • Registered Users Posts: 954 ✭✭✭ redarmyblues

    The RTB privacy statement is here, there is no automatic right to having your data removed.

  • Registered Users Posts: 287 ✭✭ Jmc25

    Agree there needs to be an overhaul of how we as a society view housing and accomodation.

    I don't think that overhaul should include reduced rates of tax for landlords.

  • Posts: 18,752 ✭✭✭✭ [Deleted User]

    And yet, still no reason to think the tenant will overhold.

    Why not wait till the actual date he has to leave?

  • Registered Users Posts: 220 ✭✭ Comment_below

    No but based on the number of lies I've become aware that he's told me and how difficult he made an inspection, one doesn't need to be a betting person to say there's a chance he'll overhold.

    It's come to my attention that he qualified as an engineer 2 years ago and he was a tradesperson before that. I have been told reliably where he works, in a multi national company and I'd find it difficult to believe that he earns under 35k euro. (The 35k euro being the threshold for HAP) Meanwhile he's told me recently that he works on building sites and this was during the lockdown when only social housing building sites were open....When I told him that do you work on a social housing site then, he said yeah! There's been a number of more lies but I'll just leave them for the RTB hearing.

  • Posts: 18,752 ✭✭✭✭ [Deleted User]

    You seem overly interested in your tenants life!

    so long as the rent is paid, the property is kept ok I don't understand what difference it makes what the tenant does in his own life.

    perhaps being a landlord is not for you.

  • Registered Users Posts: 220 ✭✭ Comment_below

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  • Registered Users Posts: 544 ✭✭✭ agoodpunt

    Thats why the renting to families has virtually stopped unless its done by reits at a premuim back to the state but is probably a bargain because most state owned are in rent arrears lazy councils dont care reits share holders will

  • Registered Users Posts: 5,368 ✭✭✭ JimmyVik

    Myself and my brothers are hunting around for another project at the moment.

    We cant find a house where the numbers work at the moment.

    But most EAs ive been speaking to are saying that most of their stock these days is coming from rentals being sold as soon as the LL gets possession of them back.

  • Registered Users Posts: 31 nickkohl

    Could you please share your happy end with us?

  • Registered Users Posts: 127 ✭✭ juliasmith

    I rent my own studio for couple of years now and the only thing i learnt by now - make sure you have a proper contract (agreement) with the tenant. All the details which are important to you (no pets, no smoking etc etc) should be written there. We use this form for example with couple of additions here and there.

    Post edited by juliasmith on

  • Registered Users Posts: 245 ✭✭ herbalplants

    Unfortunately these days, tenants break the contract from week no. 2 and no recourse on them. They are still the ones who report you to Prtb even so they broke the contract.

  • Registered Users Posts: 5,655 ✭✭✭ Claw Hammer

    That formk is some kind of American template. Useless in ireland. If forms are neded they should be obtained from a reputable source.