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Fair Deal changes might actually happen but...

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  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump



    I'm not knocking the FD scheme. It is very simple and straightforward.

    I am only saying that there could be an element of an incentive to stop the house lying idle be built into it.

    Most people don't do it now simply because most of the benefit would go to the State and there is no real disincentive against leaving it empty



  • Registered Users Posts: 7,673 ✭✭✭whippet


    In a heart beat I'd sell it now if I could .... but I've explored all legal avenues and it isn't possible.

    Renting it out isn't an option - this government has made the rental sector so hostile for once off landlords it isn't worth the effort for the small return and the risks far outweigh the benefits.

    If you are talking about incentives - if the government paid my mother €1500 per month rent and collected that from the tenants directly but guaranteed me the rent along with guaranteeing any damages will be paid for by the government and that when I wanted to dispose of the property they would ensure the tenants left when the lease was up - I'd consider - along with not including the rental income as part of the fair deal contributions.

    But there isn't a hope in hell of this happening and with SF advocating for a society whereby tenants are protected from all responsibilities entering in to an arrangement like this would be reckless and stupid.



  • Registered Users Posts: 8,364 ✭✭✭Ray Palmer


    The state benefit from this either way as that property sounds like it will be worth so much even their cut will be more than her care will cost the state. It is part of the scheme ideal, lose on some gain on others.

    Lots of people don't seem to understand even the suggestion of certain new legislation has an effect on the market. Locking rent increases to a level regardless of inflation in a very dangerous decision given where we are heading. There maybe a run on selling rentals beyond what has been seen so far



  • Registered Users Posts: 40,277 ✭✭✭✭ohnonotgmail


    i mentioned that option. FFS try and read before posting.



  • Registered Users Posts: 7,673 ✭✭✭whippet


    The state can only claw back their contributions so it’s not an endless money tree for the state .. but in essence she will be paying for her own nursing home care and my issue with the people who believe that despite this she should be forced to hand over her assets to be used by others with nothing to really gain from it and with all the associated risks



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  • Registered Users Posts: 11,749 ✭✭✭✭Flinty997



    I wasn't referring to you, but the govt. Thought that couldn't be more obvious.

    I'm not angry. I'm saying its a dumb unworkable plan. Its nonsense in effect.



  • Moderators, Business & Finance Moderators Posts: 17,658 Mod ✭✭✭✭Henry Ford III


    If the PPR of a Fair Deal resident is rented 80% of the rent goes to the HSE.

    As far as I can see the rent is also taxable with no deduction for the HSE element. Up to 40% + levies.

    A further spanner in the works is that the exemption from RPT disappears if the property is rented.

    Little wonder that there are so many empty properties.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump



    I replied to your post which said:

    what are the other options for those that lack capacity?

    You had mentioned WOC in relation to signing the FD scheme only. The court can extend powers far beyond that to signing up to FD scheme. Just letting you know as you apparently were not aware of this.....if you were, it begs the question why you would be trying to confront me over something that you actually know is correct!!!!



  • Registered Users Posts: 11,749 ✭✭✭✭Flinty997



    Some nursing homes you can't pay privately, you have to be in the fair deal.

    The irony being if you are covering the cost of your own care, you be paying for yourself anyway, just though the payment Gateway of the fair deal.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump


    Yes, all I said is that that could be changed so that everyone benefits. And was attacked from it. Simple concept to get the idea across would be a 6% contribution for the 3 years plus 50% of the market value of the rent whether it is rented or not. But no additional HSE charge on actual rent received.


    Then people can either choose to rent it, hand over 50% and have the other 50% subject to normal income (ringfenced for the benefit of the owner, not straight into the pocket of any impatient future beneficiaries) or they can leave it idle and allow the amount to be added up for the duration the property is vacant. If there would be a spouse still in the house then it doesn't count.



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  • Registered Users Posts: 516 ✭✭✭BattleCorp1


    I'd imagine the vast majority of people wouldn't have the funds to privately pay for their nursing home care. It can cost anywhere between €1000 - €1500 per week to pay for care.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump


    Well that is the point.

    But a person can't pretend they are covering the entire cost of the care via their contributions if they aren't really.

    For 1,000 Euro per week you'd need the property to be worth almost 700k. 1,500/w gets you up over 1m. And even at that, once you get past 3 years you'd be in "profit" so to speak. That is under FD calculations.

    However if a person sold the property, they would have the money to pay for it. The otherwise beneficiaries would have to make do with whatever is left over at the end.

    I'm not knocking the deal. I think it is a good one. I'm just being honest about it.



  • Registered Users Posts: 11,749 ✭✭✭✭Flinty997



    Not entirely sure how someone can provide 24/7 care, while looking after their own children and holding down a job, and paying their own mortgage or rent. That's assuming they themselves are physically able, there could be other parents requiring care, and the houses not suitable for doing any this at all. Most people don't go into a nursing home until they exhausted every other option at home and its become unsafe and unviable.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump



    But that is the choice. If a family is unable to make the effort, then the State does. It is a lot of effort to do so and takes a lot of resources. Therefore it would not be unreasonable for something reasonable to be allowed in return.


    There seems to be plenty of people who, due to their own individual circumstances, appear to be against the idea of renting out a property. It is impossible for them to do so. I wonder how many of them would suddenly find a way to make it happen if the government changed the scheme so that 100% of any rent received went tax free into the bank account of the owner



  • Registered Users Posts: 11,749 ✭✭✭✭Flinty997



    You have landlords leaving the market because they think its unworkable.

    It makes no sense that someone else with no experience and ton of other commitments could make it work on what was 20% of the income.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump


    Are there not still council schemes etc no? You get a percentage of the market rent guaranteed and get the place back in a guaranteed condition?


    If it's the ill/elderly person's property. They should be the only ones whose benefits are taken into account.



  • Registered Users Posts: 11,749 ✭✭✭✭Flinty997


    And if they sold it, they could take 100% of the proceeds for the property over time.



  • Registered Users Posts: 11,749 ✭✭✭✭Flinty997



    They don't look after evictions or damages.

    I don't know what benefits you refer to.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump



    Not sure where you are going with the 20%. The money belongs to the house owner - not the ones planning the Ferrari as soon as probate is concluded.


    Paddy is 90. Has one son Mick.

    Scenario 1: Paddy goes into a home. FD lien @ 7.5% for 3 years and 80% of rental income is taxed. House is left vacant and Mick receives 77.5% of the proceeds when Paddy passes away and the house is sold.

    Scenario 2: Paddy goes into a home. FD lien @ 6% for 3 years plus 50% of market rental income whether house is rented or not. Any money left over from actual rent is tax free. Paddy lets the Council mange it for 3000 per month. 1500 is given to HSE and 1500 put into Paddy's account. When Paddy passes away and the house is sold, Mick receives 82% of the proceeds plus whatever was left in Paddy's bank account.

    Everyone wins!

    (Adjust figures as necessary to suit yourself but conclusion is till the same)



  • Registered Users Posts: 11,749 ✭✭✭✭Flinty997


    The Govt now offering houses for refugees that they themselves by their policies have removed from the market.

    These properties will likely not meet minimum standards that the Govt themselves have set.

    Catch 22.



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


    Dont forget that even though the HSE get 80% of the rent, if there is any trouble or the tenants wreck or wont leave, you wont see the HSE taking any of the burden of getting it back in shape.



  • Registered Users Posts: 516 ✭✭✭BattleCorp1


    I agree that the Fair Deal scheme is unlikely to cover the entire cost of a nursing home resident's care. That's a side point though.

    The point is that every single house that is currently in the Fair Deal scheme cannot be touched while the owner is alive as there is, as you put it, a contract in place so there's no point in Ministers saying that we can free up 8000 houses for Ukranian refugees. We can't. The Minister is talking bollix.

    That's not to say that the rules can't be changed going forward to allow for houses to be freed up for rental/sale while the owner is alive but, being honest, I can't see it happening. It's very complicated and would probably need an awful lot of legislation.

    Renting out the houses while the resident is alive would be a nightmare. Who is responsible for repairs/maintenance, who collects rent, who pays taxes, where do we store the nursing home resident's private property, who takes action against non-paying tennants etc?

    Selling the house isn't easy either. Who sells it? How does the State know how long the person will live in the nursing home and therefore know what its cut of the proceedings will be.

    These are only a couple of questions off the top of my head. I'm sure there are far more legal complexities to either renting/selling the house while the person is still alive.



  • Registered Users Posts: 40,277 ✭✭✭✭ohnonotgmail


    under fair deal 80% of your income goes towards paying for your care.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump


    I meant benefit in the sense of the action being done to their benefit.


    Only the owner of the house's circumstances should be taken into account and decisions should be based on what provides most benefit to them alone. If a decision doesn't disadvantage the owner, then the fact it might affect a future recipient of an inheritance is irrelevant.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump


    He was replying to my scenario where I proposed a hypothetical 50:50 split



  • Registered Users Posts: 12,091 ✭✭✭✭Gael23


    The Issue is you have to pay tax on the rental income and still declare the pre tax income to the HSE. Somethung needs to give here, perhaps apply PPR relief or something along those lines



  • Registered Users Posts: 40,277 ✭✭✭✭ohnonotgmail


    so you are basically forcing those with no capacity to go through the ward of court procedure. what a **** humanitarian you are.



  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump



    Well for the point regarding the proceeds of the sale, they would belong to the owner and the 22.5% could be deposited with the court.



  • Registered Users Posts: 11,749 ✭✭✭✭Flinty997


    All I see is someone who...

    ..doesn't know the cost of a Ferrari or the running costs.

    ..doesn't knowing the costs (time and money) of buying/selling/transferring property or costs and expense running a business as Landlord.

    ..doesn't know how nursing home work, caring for elderly people, FairDeal


    Ultimately if you knew how to do all this and turn a profit, you'd be doing it. But then You'd know how unworkable all this is and wouldn't have suggested it in the first place.



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  • Registered Users Posts: 19,172 ✭✭✭✭Donald Trump



    If a person has no capacity, they aren't wheeled into a court to give evidence on a stretcher.


    What kind of a system would require an incapacitated person to be directly involved in the process to prove they were incapacitated 🤣



This discussion has been closed.
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