Advice For Landlord Conversation

Dublinandy3 · 29-12-2021 6:57am #1

Hi All, just looking for a bit of advice or a few pointers if possible.

Just to give some context. My wife and I rent but are in the process of buying a new build.

We originally was told December completion by the building company, then January and then end of March. We went to see the state of the progress of the build yesterday and while ours looks virtually complete it's obvious the way they're building them they have around 12/15 houses to finish or build as well. So end of March is doable but it will be tight and likely not.

We've always got on well with our current Landlords, a couple. We told them at the very start of the process and they were agreeable to have a flexible leaving date that could be moved back. It seems that they changed their mind about renting it back out again and decided to sell once we leave. In their own words they accepted we were ideal tenants and are worried about finding decent ones again so just want to sell.

When they decided this I got a semi formal email confirming end date of the tenancy as the 31st of March. I got this on the 1st of November.

I emailed them yesterday to say is there any way of pushing it back to the end of April. The husband in the couple told me he'd call me today to discuss it. Like I mentioned previously we have a good relationship, have been in the apartment over five years and while we've never had the need to have had huge amounts of contact with them, I do know him well enough to know that he wants to say no to me.

The advice I wanted to ask was how to approach the conversation with him. Technically they gave us 5 months notice when it should be 180 days, though unofficially we had verbal discussions before that so not sure if that qualifies as over 180 days.

Also as an aside I know (As I've checked once or twice a year) that they've never registered with the rtb so I suspect they don't pay the tax they should (from subtle hints they gave in conversations at the beginning of the tenancy years ago) They live in the North.

Like I said, we have a good relationship and I don't want to be a dick, but if he tells me later it's a hard stop on the 31st of March I'd like to try to get that extra month as the price of an Airbnb or short term rental in the area we need is about 3k to 3.5k plus storage costs for our stuff, so really don't want to do that for April. Especially as we have to accept that it may be May or later we move in if problems arise.

Can anyone give any tips on how to try to change his mind other than threats to go to the rtb etc, or if I have to go down that route, the best way to word it. Would be a real shame to sour the relationship but if it saves me a few grand, I fear I may have to.

maestroamado · 29-12-2021 7:10am

I think as non-residents they may be exempt from tax on rental income...

29-12-2021 7:28am

Prior comment is incorrect.

Be careful on the taxation issue as you might be liable.

https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-45/45-01-04.pdf&ved=2ahUKEwi27fqMsIj1AhUITsAKHfBoDb8QFnoECBQQAQ&usg=AOvVaw2E63HCDmETeldqg4UHpQr9

Dublinandy3 · 29-12-2021 7:39am

Thanks @9214 and @maestroamado o. That's good to know. On anything official they have given an Irish address not an NI one, even though they live in the north and when I needed a letter for the immigration for my wife at the very beginning they stated in that letter their parents control the house and own it and they deal with me on their behalf (even though I know that's not true) so I should be pretty safe. But that document you provided says if the tenant is unaware, I would happily state I am and can fall back to that ignorance stance assuming they were in the south due to that address and the fact they work in the south, well the one that works does.

Grumpypants · 29-12-2021 7:57am

I'd have no issue stretching it out. An extra month with good tenants is extra money in their account. The longer you stay the better so I can't see any problems unless they have a buyer lined up that needs you out.

Pawwed Rig · 29-12-2021 8:51am

They can easily start the process of the sale while you are still there. A quick sale will take in and around 2.5-3 months so once you are both flexible I can't see any issue.

Where he wants to play hardball well that is up to him but you have a better hand here to play so I can't see him pushing it too hard. You will need every penny for the new house so I wouldn't be throwing money away for no reason.

DubCount · 29-12-2021 10:19am

https://www.boards.ie/discussion/comment/118384979#Comment_118384979

That is not quite right IMHO. They should be declaring the income in both Ireland and the UK. Any tax they pay in Ireland is offset against the tax they pay in UK (as UK tax residents).

Anyway, any suggestion of tax irregularity is only a hunch from OPs post.

MakersMark · 29-12-2021 10:57am

180 days notice is required, so your notice is invalid.

Was it accompanied by a professionally witnesses Statutory Declaration? This is a requirement under law.

Per the facts given, your notice is invalid. You should let the landlord know this.

Full details here..

https://www.rtb.ie/ending-a-tenancy

Dav010 · 29-12-2021 11:08am

https://www.boards.ie/discussion/comment/118385206#Comment_118385206

Unless I am reading this wrong, it is the op who is ending the tenancy to move to a new house and they both agreed a type of rolling tenancy where the op could leave when house is ready. So I wouldn’t be getting to hung up on the notice, the op will benefit from the current arrangement by being able to leave without having to give the required notice for a tenancy of that duration.

Pawwed Rig · 29-12-2021 11:16am

https://www.boards.ie/discussion/comment/118385115#Comment_118385115

It is absolutely wrong information. Why do people post things they haven't got a clue about. You are correct Dubcount

Still stihl waters 3 · 29-12-2021 11:26am

You have a good relationship all along but in the final few weeks you want to nail him with an rtb threat and try to expose his alleged tax defaulting which you have no proof of. Just ask him and see where that goes without the petty threats

The Buster · 29-12-2021 11:32am

I wouldnt be bringing up tax or RTB concerns with landlord. You want him to work with you, not against you.

If you have a good relationship just tell him your problem, house close may take a month or two longer than expected and you have no place to go. Ask him what his plan is for the house. If he is selling suggest he puts it on the market and you will facilitate viewings etc. If he plans to rent again then if in rent pressure zone offer his the slightly higher rent so he is not out of pocket. If not in Rent Pressure zone offer him a small bit more. If these fail then the RTB option may have to be used!

Dublinandy3 · 29-12-2021 1:43pm

Thanks all, yeah I don't want to mention rtb or anything similar if needed, just didn't know how to approach it but I like the idea from @The Buster about offering the market rate difference, ATM my rent is about 200 or so less than it could be.

I have already said I would facilitate in any way possible to help their sale. All that has happened so far is an estate agent came to value, or look around and some decorators to look to see how much their estimate would be.

I'll see where it goes, like I say, we've enjoyed it here and they've been good landlords, I think possibly I'm just overthinking this as well.

Thanks all, happy holidays!

Furze99 · 29-12-2021 1:55pm

Yes, over thinking it. If it is as you say, just have a chat and see what comes up.

29-12-2021 2:02pm

Goodness haven’t even had the conversation and you’re planning to go nuclear!

id be careful if I were you about accusing the landlord(s) about tax evasion. Perhaps it’s true, but if it’s not you’re gonna not only look like a bit of an eejit they absolutely won’t help you.

from what you’ve described they seem like they’re sad to see you go in a way, the fact they’d rather sell their house than find new tenants could also work in your favour.

every month you’re still there paying rent is another months mortgage paid off (meaning of course more money in their pockets after the sale) and if there’s no mortgage then it’s a nice few bob for solicitors etc when it comes time to sell. I can’t imagine they’ll want you out the door with any great urgency given those factors.

even if they won’t accept the extension on the notice I wouldn’t even dream of pissing on their cornflakes like you’ve described for the reasons above. You’re only assuming these things. The thing is also they might not agree to it right now because there’s still 3 months to go, but maybe at the end of Jan or February you might bring it up again and they’ll be okay with it.

One thing for certain is they will NOT if you start mouthing about RTB and Tax evasion.

JimmyVik · 29-12-2021 2:22pm

I think you will be fine.

Unless he has someone else moving in he will be happy enough to let you stay til you are ready.

Maybe he will ask you to let in decoprators or estate agents etc if he is trying to get it on the market.

The_Conductor · 31-12-2021 9:20am

Just be careful- its actually you who served notice on the landlord- not the other way around- this is clear in your very first post on thread.

If the landlord is trying to sell, and your continued tenancy delays or thwarts these plans- under the act you are liable for any costs they incur (such as advertising or estate agent fees).

I don't get why you are so gung ho about hitting thermo-nuclear options and declaring war on the landlord in this instance, it would seem that they are trying their best to accommodate you, but you are playing them to suit your own purposes.

In a case like this- I would try to be as accommodating as possible towards the landlord, but cognisant of the fact that it is me who served notice, and I would start looking at option B- which could be an Airbnb and storage for your belongings for the duration- I'd also be pushing the builder for a more firm completion date, builders are notorious for delays in finishing.

You probably started the process way too early- without any cognisance of how builders routinely draw out completions, and are now unhappy because you've gotten caught out. Play nice- and the landlord may facilitate you- start acting the maggot suggesting tax evasion and other issues- and whatever good relationship you once had with the landlord will rapidly sour.

Advice For Landlord Conversation

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