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Accidental Landlord Question -

24

Comments

  • Registered Users, Registered Users 2 Posts: 3,774 ✭✭✭Kaisr Sose


    Just to be clear, OP does not say rental income was undeclared. It's also unclear if the property is in a RPZ. Both import5 points in how this turns out for the property owner.

    By my reading, what is clear is they have given their tenants a really good deal since 2013. Maybe it's time some posters took.that on board.

    Well said.



  • Registered Users, Registered Users 2 Posts: 9,247 ✭✭✭Ray Palmer


    Mixing up your figure the landlord got 85k then tenant got a benefit of at least 90k and it was over 7 years not 12. What is with the exaggeration?

    If they rented it out properly they would have charge market rates and paid tax. This would have meant whom ever their tenant would pay more and they would have no tax liability and they still would have had their mortgage paid. The benefit has been to the tenant not the landlord in this case. If you can't see that and want the landlord punished it isn't about them making money but some form of vengeance



  • Registered Users, Registered Users 2 Posts: 3,774 ✭✭✭Kaisr Sose


    You are speculating and making inferences that have absolutely nothing to support them.

    Do you know how mortgages work? 90k in rent is not 90k off mortgage. Even leaving tax out or it, there will be other costs. Owning an investment property is not free.

    Before calling for punishment of what appears to be a very generous, fair but naive landlord, establish the facts and then be sure you understand them fully.



  • Registered Users, Registered Users 2 Posts: 2,054 ✭✭✭Rocket_GD


    It's been rented for 12 years, 2013-2025, €575 for the first 5, (2013-2018, €34,500) then upped to 675 for the next 5 years (2018-2023, €40,500) til they increased it to 800 in 2024.(€9,600 + €1,600 for Jan and Feb this year so a total of €86,200.

    You can say if all you want to, the fact is that they didn't do this, your hypothetical scenario is irrelevant.

    They have had a sizeable amount paid towards their mortgage, tax free and deserve to be punished for it.



  • Registered Users, Registered Users 2 Posts: 22 Lipbalmpam


    Hi All - thanks for all the input - and I agree that we should have declared our situation but it really wasn't done in a malicious way and we were accidental landlords to begin with. Just to clarify a couple of points - Yes we are in a RPZ, no we did not declare the rental income and did not pay tax on the income we made. However - to note when the rent was €575 our mortgage was almost €500 - we upped the rent to €675 when our mortgage went up - at one stage the mortgage got to €600 per month and the rent was €675. The average rent where the property is has been €1200 for some time and our tenants know that - in fact - if we were paid €85k in rent over the 12 years they have most definitely saved that - and they were very aware of that fact. I have taken the advise here on board and have started the steps to register the property with RTB - back dating it to 2013. I just hope the revenue bill won't be crippling.



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  • Registered Users, Registered Users 2 Posts: 2,054 ✭✭✭Rocket_GD


    Have they paid towards their mortgage or have the repayments been covered by their tenants? They have benefitted greatly from this scenario.

    I do understand them and would love if someone covered my mortgage payments for 12 years.

    It is not free indeed, however they have provided us no evidence for any costs.



  • Registered Users, Registered Users 2 Posts: 2,054 ✭✭✭Rocket_GD


    Ok so now it is confirmed that there has been no tax paid on the €86k income that has paid towards your valuable asset, thanks for the clarification.

    I'd contact a tax advisor as soon as possible.



  • Registered Users, Registered Users 2 Posts: 9,247 ✭✭✭Ray Palmer


    My bad I mixed up the figures.

    The tenant did fabulously well.

    Revenue will take that into account they didn't benefit and won't be as harsh as you would like which probably will really annoy you.

    My hypothetical is very relevant but you want to ignore it because you are rabid when it comes to landlords. The tenant benefit amazingly from this and you don't want to admit it because you have blind hatred. I can't imagine you as a happy person because you would lose so much of your identity. Not many people would hate their landlord for undercharging them for rent but I can see them hate them for raising rent.



  • Registered Users, Registered Users 2 Posts: 2,054 ✭✭✭Rocket_GD


    I'm actually a very happy person, I've a great partner, grand job, my own home, couple of pets, good friends, great family healthy social life, only thing bringing me down these days is a football team so things are quite rosy in my world.

    However you are right that I do not like small time rogue landlords. I've had 3 LL's and every single one of them have been cúnts.



  • Registered Users, Registered Users 2 Posts: 3,774 ✭✭✭Kaisr Sose


    @Gary_dunne

    I do understand them and would love if someone covered my mortgage payments for 12 years.

    You clearly do not understand them if you don't know the difference between rent in exchange for use of a property and someone just covering your mortgage for 12 yrs.. it's risk and reward stuff Gary. If your goal is to bash or treat all landlords as pariahs that prey and exploit tenants, then I am wasting my time trying to change your bias.

    The disappointing news for you is the OP will not be severely punished for their naievity or anything close to it.



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  • Registered Users, Registered Users 2 Posts: 9,247 ✭✭✭Ray Palmer


    All that anger for 3 people! Well I have many multiples of tenants than you have landlords and I would not think badly of all tenants because of the bad ones.

    You are not a happy person if you wish bad on others and group all landlords the same as your very limited experience. You certainly aren't a nice person and quick to anger. Why would somebody who is happy go lucky come to complain about landlords when it doesn't have any effect on them. I am pretty sure I have seen you are also getting angry on other threads about stuff too.

    As I say you are rabid anti-landlord and can't talk with any reason on the subject. The common factor with the 3 bad landlords is you and that indicates something to many people



  • Registered Users, Registered Users 2 Posts: 9,247 ✭✭✭Ray Palmer


    RTB aren't your problem Revenue are. You need an accountant ASAP. Sounds like you will need to sell the property as you can't increase the rent and will have a decent tax bill. Some people would be close enough to the tenant that they would try and sort it all out by giving them some cash and let the find another place. Or even wait till the RPZ changes rules. Either way the tenant did well and will have to move one way or the other



  • Registered Users, Registered Users 2 Posts: 14,474 ✭✭✭✭Geuze


    At 86k untaxed rental income, an accountant / tax adviser with experience of dealing with these sorts of cases is required.

    Not just any accountant.



  • Registered Users, Registered Users 2 Posts: 3,774 ✭✭✭Kaisr Sose


    @Lipbalmpam

    just hope the revenue bill won't be crippling.

    Going by the figures you posted, tax owed each year should not be too high.

    First you need to register property with RTB, then you can offset interest on your mortgage each year which will be most of what you were paying in the first few years. (Just interest, not full amount paid each month/year)

    Tax due = rent received each year less:

    • mortgage interest (capped at 75% for few early years)
    • repairs /maintenance
    • Insurance
    • Capital allowance of 12.5% on flooring/furniture/appliances for 8yrs

    Your bank can help you with interest certs for each year if you do not have them. You may struggle to find repair costs receipts going back each year

    You will need et an accountant to do your return. Their fee is tax deductable too. Ask the accountant to bill or include fee for work on each year rather than a full amount for all the work. That will reduce you taxable profit each year (if applicable after deductions) and thus tax due and interest thereon.

    Hypothetical return for one year

    Rent: €6000

    Interest: €4000

    Repairs/Maintenance: €500

    Capital Allowance: €400

    Accountant: €200

    Insurance: €300

    Taxable profit : €600

    Tax @ x% (your applicable.rate) plus PRSI and USC at relevant % for income

    As you are in a RPZ you will not be able to increase rent as planned 1400. Around €800 may be as high as you can go.

    Maybe if the rules change as per on going discussion you will be able to reset. Nobody knows how this will turn out. If not, it may be time to sell up. Your case highlights how unfair the caps are to people who charged a low rent before rent caps came in

    Finally, don't mind the few negative posts. Says more about them than you. You are not the first to be in this situation.

    Best wishes



  • Registered Users, Registered Users 2 Posts: 314 ✭✭jo187


    They told the OP they would have to move back home. Giving up there jobs and life they built there. For greed.

    Not sure what else you call it.



  • Registered Users, Registered Users 2 Posts: 3,774 ✭✭✭Kaisr Sose


    @jo187

    Have you read the first post? The landlord has been the opposite of greedy..

    If tenant is struggling so much one could ask why they are not claiminf rent credit or why not applying for HAP or other housing benefits to help pay for rent.

    So many ways to look at this.

    Maybe they were happy not to because they knew they had an exceptional deal. Now that deal is in jeopardy, they are playing poor mouth and looking for landlord to feel pity or be a social service? Ultimately what the temp can pay is not the landlords problem. Ireland is an expensive place to live.

    There are some people getting rent assistance that do not need them. If you ask me, that is greed.



  • Registered Users, Registered Users 2 Posts: 476 ✭✭utmbuilder


    tax on 1400 if either of you work or have an income, is 40% of 16,800

    €6,720 tax annually , you can normally deduct the interest payment on your mortgage ,

    the mortgage technically has to be changed over to a buy to let mortgage for the house to be insured incase it goes up in flames, mortgage rate on buy to let is about 6%

    late fees for registration are about 120 a year with a registration of 135ish also,

    RTB do pass information to revenue however, not always so unless your tenants writes to the commissioner general a tax bill wont automatically come



  • Registered Users, Registered Users 2 Posts: 1,030 ✭✭✭mykrodot


    I just jumped on this thread for a read. My God you sound like one very bitter, begrudging person.

    On the other hand the OP has been totally honest in their posting, knowing they could get negative feedback but still admitting their fault in this. My sympathy is with them as they have been very fair and generous to their long term tenants over the years. I hope Revenue will be easy to deal with and I suspect they will. My brother works in Revenue and they regularly come to a deal or a payment plan in situations like this. Good luck OP.



  • Registered Users, Registered Users 2 Posts: 314 ✭✭jo187


    In his post he states the 600 increase is based on what other places are going for in the area. Not what he needs to make a profit. Just what he thinks he/she thinks they can get away with.

    The rent credit you can only get if the LL is registered with the RTB which as of now they are not. Meaning the tenants missed out on previous payments and probably out of fear of rocking the boat they didn't say anything.

    Stuff like HAP is very dependent on what your working at, how much you make. People like myself make to "much" for HAP/assistance but are struggling with paying for everything, including rent going up and all our other bills too.

    I think my first statement is accurate. Feel free to disagree.



  • Registered Users, Registered Users 2 Posts: 9,247 ✭✭✭Ray Palmer


    So be it if they can't afford to live and work in Ireland without some individual subsidising their housing they should move. It isn't greed it is being tax compliant where the landlord ends up with less money.

    You are more than welcome to subsidse them yourself



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  • Registered Users, Registered Users 2 Posts: 7,736 ✭✭✭whippet


    that would be the best course of action for you at the moment - revenue in ireland can be quite efficient of finding these irregularities - so best to come with hands up and come to a settlement.

    You need to get away from purely thinking about rent v mortgage costs - what you haven't factored in is that you have an appreciating asset for the last 12 years where the finance cost has been borne by someone else. So your real 'profit' is the capital appreciation of the house, the fact that you have taken 12 years off the mortgage and when the mortage is ended you have a leverage free asset worth a couple of hundred grand



  • Registered Users, Registered Users 2 Posts: 314 ✭✭jo187


    What? I'm glad you not effected by the housing crisis or people you know.

    But they are plenty of are. For me if my rent goes up more ( with rpz being changed, who knows).

    There is no where in our area or near by that we could rent. Due to there being no properties or prices to high.

    This is two working adults, if two working people can't afford accommodation there something wrong with the market.

    I not being subsidsed or wanting to. Born and bred in Ireland, if you think the solution is leaving the country, people are.

    The young are emigrating, nurses, teachers etc.

    But I'm sure you won't complain when there are no nurses to look after you and teachers to teach your kids, once the landlord gets to make maximum profits.



  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    If a landlord can't afford mortgage or mortgage increases, then why do you expect that a tenant should subsidise them?

    Is that not your position - no? "interest rates go up and now rent doesn't 'cover expenses' so the tenant should have to give more". "cost of maintenance goes up so the tenant should have to give more" etc.?



  • Registered Users, Registered Users 2 Posts: 9,247 ✭✭✭Ray Palmer


    If the cost of providing a service increases I expect the service price to increase that is my position. There is no subsidising by the tenant as they are buying the service. Sorry if you don't understand basic economic or the word subsidise



  • Registered Users, Registered Users 2 Posts: 9,247 ✭✭✭Ray Palmer


    The housing crisis has effected me and people I know. Don't make things up in your head about me. What your personal circumstances are means nothing in this discussion. If somebody comes here and can't afford to live and work here they should go home. If they want an individual to subsidise their life to stay they are being greedy not the landlord. If you can't see that I think you are blind to reality because you are thinking about how it would effect you.

    Never said you were being subsidised nor me having kids.

    As pointed out the increase in rent is not going to the landlord and they will have less rental income as a result of becoming tax compliant so not maximum profits. I don't think you actually read and understood the situation. Landlord will go from 800euro to 700euro a month



  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    Nope. Completely hypocritical positions. It's up to you to make an investment if you want. You take on the risks and get the reward. If you take on too much risk, then that is on you. You don't get to double dip to demand a bailout just because you were greedy and took an option that might have increased your reward while increasing your risk. Maybe that fixed rate mortgage might have cost you an extra 50 quid a month a few years back. You wanted to keep that 50 Euro in your pocket - that's your choice.

    One of the main issues with opinions on here, which I mentioned above appears to be that there are amateurs who jump blindly headlong into these things, complain there are regulations once they learn the hard way and say "why is it not like any other business". The reason they think that is that they have no experience with running any other business. They just have some fantasy idealised idea of what "other business" is - the same as they had for "landlording"

    Let me ask you the reverse question Ray. If you are/were-to-become a landlord, do/would you reduce your rents as the mortgage is paid down , i.e. to to reflect the reducing interest component of your repayments? i.e. roughly speaking if you borrow 200k at 3%, then in your first year you will be accruing approximately 6k in interest. Years later, when you (i.e. your tenant's money) have paid down the capital to 100k, and interest rates have increased to 4%, do you reduce the rent by 2k to reflect that?

    Oh - what's that you say - the subsidy only works one way - eh?

    Am I saying that the decreased costs entitles the tenant to a reduction - no. The same as I'm saying an increased cost would not entitle you to an increase. In fact, that is entirely in your favour as you can hedge any rate increase, whereas you will automatically and always benefit from capital being paid down.

    I would put money on guessing that if I asked you whether increases in taxes on rental income or rental properties should be passed to the tenant you would say "yes".

    In contrast, I would also put money on guessing that if I asked you whether decreases in such taxes should be passed on to the tenant you would say "no".



  • Registered Users, Registered Users 2 Posts: 9,247 ✭✭✭Ray Palmer


    You are mixing up me with somebody else and making stuff. I never said anything about a bail out

    Landlords repayments do not go down as a result of repayments. The tenant is paying for a service that they get.

    If you actually knew anything about long term property investment you would understand how the pricing of rent is calculated and planned for. There is a lack of fluidity in property investment for rent purposes and it is long term. While people were going through with their plan the government has messed with the rules in major ways. They reduced HAP payments when rents were falling and encourage tenants to break leases, when rents were going up and landlords were recovering their losses the government brought in RPZ locking many landlords with low rent (subsidising tenants via individuals),RTB costs added and interest rate rose with landlords no way to recover increased costs. Nobody could have predicted this when starting as a landlord and as a result many have left the market and there are less places to rent.

    Once a property is paid for keep rent in line with the market as that is generally the plan or some sell off for a lump sum. The government added new risks to property investment and restricted the market rates. There is no way you are going to go into a shop and ask for reduced prices because their overheads dropped now the finished off payment on the building. Same applies to rent



  • Registered Users, Registered Users 2 Posts: 579 ✭✭✭gibgodsman


    This is such a messed up thread and showes the serious issues with Ireland and the people here now.

    OP not paying tax on their rental income for YEARS, mortgage of €600 being paid €800 and moaning because they are only making a €200 profit? Are you forgetting the €600 being paid off YOUR asset every month

    I own a house now, If I ever did let it out I would be more than happy with it paying itself of every month nevermind a €200 profit after the fact, and I can tell you my Mortgage would be no where near €1400 a month, which your going to lose nearly half off on tax anyway once you declare. a

    You can't up the rent to that much anyway thankfully for the tenant, because its not there fault you failed to declare your income and due to it being a RPZ I hope they know their rights are not effect by your inability to follow tenancy laws



  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    I never said landlords payments go down. I said the component of interest in the repayment decreases. Conversely the amount paid off towards the principal increases.

    How can you not know this???????????????

    (A required rate of return on any investment will be based off your cost of capital plus whatever spread, and should not include your capital repayments. You are free to accrue the spread and add it to capital if you want, but that is not the same thing. I'll repeat what I said above which is I am not saying that you should decrease the rent, just pointing out that your "cost" is decreasing.)



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  • Registered Users, Registered Users 2 Posts: 31,329 ✭✭✭✭blanch152


    There is greed from the tenants too. They want to continue to benefit from a situation that most of their neighbours who are paying the market rent don't benefit from.



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