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How to approach tenancy not registered

  • 18-06-2019 3:57pm
    #1
    Moderators, Society & Culture Moderators Posts: 3,731 Mod ✭✭✭✭


    Hi,

    I have being renting a property for 6 months and recently needed confirmation of address and rent for a loan, i approached landlord for confirmation said they never do that sort of thing, Alarm bells ringing at this stage previous landlords have always obliged.

    So i went onto the RTB website and requested confirmation of tenancy surprise tenancy is not registered with RTB.

    Now we haven't had any issues since we have being there we signed a lease and pay rent via bank so have records of all that and communications with landlord.

    How do i approach this with them i obviously don't want the "my sister is moving in or im doing up the house" line and having to look for somewhere to live with small kids and current market it's not an option, i don't want to go in all guns blazing and accuse anyone maybe theirs a genuine reason!

    I have had issues in the past which the RTB ruled in my favour i just don't want the months of hassle to resolve it all.


«1

Comments

  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    The LL can register by paying late reg fee, and is under no obligation to give you any paperwork, though most give a written lease agreement. So, don’t be calling with any sense of entitlement, if he doesn’t do it, that’s his prerogative. Personally I’d give you what you need to get a mortgage, but different strokes for different folks.


  • Registered Users Posts: 3,430 ✭✭✭RustyNut



    Now we haven't had any issues since we have being there we signed a lease and pay rent via bank so have records of all that and communications with landlord.


    I have had issues in the past which the RTB ruled in my favour i just don't want the months of hassle to resolve it all.

    What issue is it that you want resolved?


  • Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Can you not provide lender with copy of your signed lease. Nothing else should be needed. Tenancy reg is up to landlord it doesn’t affect your rights and is not you’re responsibility to have it registered


  • Registered Users Posts: 2,276 ✭✭✭Cheshire Cat


    Don't you have utility bills? They will do as proof if address and the rent amount should be in your bank statements and/or the lease.


  • Registered Users Posts: 31,001 ✭✭✭✭Lumen


    I know people slag Threshold, but anyway...

    https://www.threshold.ie/advice/seeking-private-rented-accommodation/does-my-tenancy-have-to-be-registered/

    "If your landlord does not register your tenancy, they will not be able to refer a dispute to the RTB, but you will still be able to do so."

    So you can report it but it appears not to be in your interest to do so.


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  • Registered Users Posts: 985 ✭✭✭rightmove


    jaxonjones wrote: »
    complain the LL to the RTB, should be regd

    Or maybe just ask landlord about it before jailing him


  • Registered Users Posts: 3,920 ✭✭✭3DataModem


    Lumen wrote: »
    "If your landlord does not register your tenancy, they will not be able to refer a dispute to the RTB."

    "Oh no." said no landlord ever.

    Agree they should be registered, but the consequences for them are pretty much nil.


  • Registered Users Posts: 985 ✭✭✭rightmove


    Maybe he forgot. This aggressive approach is self defeating.


  • Registered Users Posts: 137 ✭✭burkey2k0


    Speaking from experience, just because you can't find the address on the RTB website, doesn't mean it's not registered. Their logging of registrations is a shambles. Full of typos, entry errors, and just plain missing registrations.


  • Registered Users Posts: 18,811 ✭✭✭✭Del2005


    Then the OP definitely won't be getting any confirmation of address from the landlord.


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  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Del2005 wrote: »
    Then the OP definitely won't be getting any confirmation of address from the landlord.

    :confused: Of course they will as it is on the lease and registration.


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    rightmove wrote: »
    Maybe he forgot. This aggressive approach is self defeating.

    Tidying up the legal paperwork is not " aggressive".


  • Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Graces7 wrote: »
    Tidying up the legal paperwork is not " aggressive".

    Reporting landlord to rtb for something that could be an error on the widely known fact that the register is often wrong. That is not legal paperwork.


  • Registered Users Posts: 5,812 ✭✭✭daheff


    if you need proof of address & rent, give the lender a copy of your lease agreement


  • Registered Users Posts: 5,322 ✭✭✭JustAThought


    I had a problem with someone who ran up loans and debt in my house - more than once -I had to deal with the solicitors letters and car repro man for their unpaid 3rd party debts and car loan. It was a nightmare and so annonying as I have a clean sheet and no personal loans or credit cards that address . And I was pretty disgusted that they lead this to my door and I was left with debt collectors and hoards or angry letters and registered letters for beauty treatmwnts and quasi cosmetic surgery . Personally I would struggle with allowing anyone to use my address for leveraging any kind of loan again. Nothwithstanding this, does your landlord know that there has been a change in the leglislation a few years back (10 or more) so that debt is attached to and follows the person and not the property . New GDPR laws may may this a major pain in the * for everyone to deal with in this situation so I am not surprised the landlord does not want an unregistered and possibly short term let borrowing using their address. And given that the banks/institutes may not want to be stung with someone who could ve untracable if they move - it is quite possible that you may not even get the loan if you are from overseas and could do a runner out of the country. Unlike Irish scumbags who just do a runner and use their fake ID/grannys name to cover their tracks. I used see it in work all the time. Fairly depressing stuff.


  • Registered Users Posts: 5,506 ✭✭✭Wheety


    You pay by bank so have a record of rent. Address should be on lease. I'm not saying the landlord is in the right but why rock the boat? If you do, you may find the old "my sister is moving in or im doing up the house" trick happening.

    You still have your full rights whether registered or not.


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    Graces7 wrote: »
    :confused: Of course they will as it is on the lease and registration.

    If the op has the lease, what’s the problem? The LL can register with RTB at anytime by paying a late fee, he/she does not have to do it just because the op wants him to, or because the op wants a mortgage. So I don’t get the “all guns blazing” attitude.


  • Registered Users Posts: 985 ✭✭✭rightmove


    Graces7 wrote: »
    Tidying up the legal paperwork is not " aggressive".

    That's not what was said. It was said to report him without even flagging it first.


  • Registered Users Posts: 3,623 ✭✭✭Fol20


    As others have said. The ll is under no obligation to provide this.

    For proof of address, use utilities bills.
    For proof of rent, use your bank statement.

    If you report him to the RTB like others have said is like going from 0-100 over something the ll doesnt have to provide. You will be guaranteeing he wont provide it by going to the RTB.


  • Registered Users Posts: 4,631 ✭✭✭sheroman01


    Fol20 wrote: »
    As others have said. The ll is under no obligation to provide this.

    I hate this. "under no obligation to provide this." I'm sure the tenant can agree with the bank what paperwork is necessary. and then tenant and LL can get that paperwork between them. Why wouldn't the LL help the tenant, it's just a piece of documentation he needs?


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  • Registered Users Posts: 18,811 ✭✭✭✭Del2005


    Graces7 wrote: »
    :confused: Of course they will as it is on the lease and registration.

    The OP already has a lease which the bank isn't accepting, looks like our lax tenant enforcement is starting to have consequences on tenants. The bank is looking for more paper work which the landlord has no obligation to provide and reporting the landlord will definitely not encourage them to provide what the bank wants.


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    sheroman01 wrote: »
    I hate this. "under no obligation to provide this." I'm sure the tenant can agree with the bank what paperwork is necessary. and then tenant and LL can get that paperwork between them. Why wouldn't the LL help the tenant, it's just a piece of documentation he needs?

    Why would the landlord get involved? It's between the tenant and the bank, nothing to do with the landlord and while I can't see any obvious pitfalls there's very little benefit to the landlord for providing additional paperwork.

    At some point in the future that paperwork may be presented at an RTB tribunal and there's no way of knowing how it will be interpreted.


  • Moderators, Society & Culture Moderators Posts: 3,731 Mod ✭✭✭✭The Real B-man


    Hi all,

    Many thanks for the responses to clarify the lender will not accept lease in fairness its a copy and paste job from google this is not to gain credit this is to reduce a loan temporarily as my partner is unable to work due to illness.

    The RTB offer a one page letter from there site once you have an account to confirm you are a tenant of said address etc, which the lender accepts no need to ask landlord which is fine, this is where i expressed concern as RTB have no record of tenancy at said address.

    I am not out to get anyone or accuse anyone i just have experience with a previous LL and the RTB that took months to resolve i don't want this again should a dispute arise which i can only imagine would take even longer if tenancy is not even registered or LL.


  • Registered Users Posts: 3,623 ✭✭✭Fol20


    sheroman01 wrote: »
    I hate this. "under no obligation to provide this." I'm sure the tenant can agree with the bank what paperwork is necessary. and then tenant and LL can get that paperwork between them. Why wouldn't the LL help the tenant, it's just a piece of documentation he needs?

    Do you like doing extra work for free for strangers ? If not, welcome to the real world..

    Im not saying i wouldnt do it. Im just saying they do not need to provide it yet some in here think they should report him for it


  • Registered Users Posts: 8,417 ✭✭✭wirelessdude01


    What do the bank actually require?


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Personally I'd be more inclined to go down the route of the Financial Services Ombudsman. They're making life very difficult for no good reason.


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    Personally I'd be more inclined to go down the route of the Financial Services Ombudsman. They're making life very difficult for no good reason.

    You are joking?

    A lender wants proof of address where the debtor resides having recently moved, and you think it is making life difficult?

    Wow.


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Dav010 wrote: »
    You are joking?

    A lender wants proof of address where the debtor resides having recently moved, and you think it is making life difficult?

    Wow.


    Other methods of proof of address have been mentioned in this thread. If they're insisting on something the LL doesn't have a legal duty to provide they are making life difficult.


  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    Other methods of proof of address have been mentioned in this thread. If they're insisting on something the LL doesn't have a legal duty to provide they are making life difficult.

    They aren’t asking the LL to do anything, and asking the person applying for a loan/adjustment for this type of proof isn’t being difficult. The LL is being difficult, hardly a cause for complaint to FSO. Also, the op is asking the bank for a consideration that they are not required to give. I really don’t get this idiotic attitude that if something doesn’t go your way, then the other person is wrong and a formal complaint should be made.

    You would think that the first thing to do is for the op to go see the LL, explain the situation and appeal for understanding and the confirmation needed. After all, the LL may be the one to lose out if the op is unable to pay both loan and rent. Reneging on a loan will effect CR, we all know reneging on rent doesn’t carry that type of effect on future access to credit.


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  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    OP what do the bank want the lease for? Proof of address or proof of rent?

    Would a rent book suffice?


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