Tenancy registration with RTB

ewiz9

I am planning to take a new rental place. Is it compulsory to register my tenancy with RTB? should I do it? or the landlord will have to do it? If the landlord insists on not registering to RTB, will my tenancy agreement be not valid? say for any bank loans etc. Any other things to watch out for when signing a lease document? thanks for the advice

Borzoi

The landlord should register it, at his expense. It makes no difference to your rights whether he does or doesn't.

ewiz9

https://www.boards.ie/discussion/comment/118157897#Comment_118157897

Tenants may require proof of their tenancy for a number of State Agencies – the confirmation letter may be required for this purpose also.

https://www.rtb.ie/register-a-tenancy/register-a-tenancy-online

ewiz9

https://www.boards.ie/discussion/comment/118157913#Comment_118157913

shouldnt I need this as proof of tenancy?

Darc19

A friend of mine rented off his father. Nothing in writing, nothing in rtb, €600 a month in good area of Dublin. House was sold (receiver) and new owner has to abide by all legislation and give 224 days notice.

So answer is your rights as a tenant is protected no matter what.

But also most landlords are decent.

the landlord MUST register the tenancy. it won't affect your rights and protections but regardless its still their responsibility.

sk8board

The landlord should have your contact details for the RTB registration, and PPS numbers too, if memory serves me.

generally speaking, an unregistered LL is more likely to be difficult when you need them for anything.

remember - the Revenue only need to catch an unregistered LL one year - the LL has to evade the Revenue every year.

Bass Reeves

https://www.boards.ie/discussion/comment/118160238#Comment_118160238

Revenue has nothing to do with the RTB registeration process. You may never register with the RTB as long as your tax affairs are in order Revenue will not care.

You could register every one of your tenancies with the RTB and if you do not make a proper tax return revenue will be interested in you and will hound you if they catch you.

sk8board

Agreed. i think we’re saying the same thing. a registered tenancy is usually proof that you’re a tax-paying Landlord - not declaring it in your tax returns would be caught immediately.

conversely though, an unregistered tenancy is more likely to indicate a delinquent landlord.

that's been my experience anyway. whenever a LL didn't register a tenancy they were avoiding tax.

alias no.9

https://www.boards.ie/discussion/comment/118163382#Comment_118163382

If you are claiming mortgage interest as an expense, you must be RTB registered

Bass Reeves

https://www.boards.ie/discussion/comment/118164198#Comment_118164198

I think you are incorrect. If you were registered with the RTB during some of the years that rental relief was restricted you could claim 100% relief, if you had a HAP tenancy you could also claim 100% relief. The assumption that you cannot if not registered is incorrect AFAIK. Just like the assumption that you may not be tax compliant if not registering. Yes there is a higher chance you may not be declaring but assuming that all LL that fail to register are not tax compliant is incorrect. Anyway a lot of smaller LL may have no loans on the property.

It interesting to see the anti LL sentiment by some posters. I be the first to admit that rental costs in places have gone awry. However nobody had any sympathy for LL between 2010 and 2018 when returns were abysmal accross s lot of the country. I say properties that cost 200k+ only making returns of less than 450/month. There is no word about bad and problematic tenants. What goes around comes around.

Problem is all regulation costs money and the customer pays at the end of the day one way or another

alias no.9

I'll say it again, mortgage interest is only an allowable expense where the tennancy is registered with the RTB, nothing to to with the additional allowance that was briefly available. The only exception is during a vacant period between lettings as long as you don't occupy the property yourself. Like everything elsewhere on a self assessed tax return, the obligation is on the person making the return to be able to substantiate the expenses in the event of an audit.

Mrs OBumble

https://www.boards.ie/discussion/comment/118157913#Comment_118157913

Sure - but are there any government agencies you are actively dealing with, who need it?

DubCount

https://www.boards.ie/discussion/comment/118164303#Comment_118164303

Yep - thats my understanding as well.