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Advice re Rent relief etc

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  • 09-09-2010 7:05pm
    #1
    budhabob
    Registered Users Posts: 4,821 ✭✭✭


    Hi all,

    Apologies for my lack of knowledge in the area of rent etc.

    So basically the back story is:
    1. Myself and the other half have been renting a property for almost two years now.
    2. Paid the rent directly into landlords account.
    3. Landlord is based in London.
    4. Wasnt aware of rent the rent relief option until recently.

    So, Since the landlord wasnt registered he is willing to return us a months rent in return. He is also looking at registering in the next few weeks. We are currently in negotiations re staying or going, currently leaning towards going. My questions are......if he registers so late in the year can we claim officially for our 2010 rent next year? Also, some mentioned to me that since the landlord is based in the UK, we (as tenants) should be paying 20% to gov?

    Any advice, links etc would be fantastic, and apologies if its located somewhere, wasnt sure where to look.

    Regards,

    Rob


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    #2
    John Mason
    Hosted Moderators Posts: 10,661 ✭✭✭✭John Mason


    regardless of whether your ll is registered you are entitled to your rent relief up to a max of 400e and you can claim for the last 4 years.

    but if your landlord is living outside the country, i think you should have been withholding 20 percent tax - not too sure on but i am sure some here will know for definate


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    #3
    budhabob
    Registered Users Posts: 4,821 ✭✭✭budhabob


    irishbird wrote: »
    regardless of whether your ll is registered you are entitled to your rent relief up to a max of 400e and you can claim for the last 4 years.

    but if your landlord is living outside the country, i think you should have been withholding 20 percent tax - not too sure on but i am sure some here will know for definate

    Thanks for that Irishbird. I've looked up a few websites but so far cant find anything definitive on the 20% issue.


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    #4
    chupi
    Registered Users Posts: 194 ✭✭chupi


    Don't claim for rent relief!

    If you do and the revenue see your landlord is non resident then they'll say you should have withheld 20% of your total rent annually and forwarded it to revenue. Happened to friends, they claimed for rent relief, revenue spotted landlord was non-resident and revenue just docked the 20% straight out of their wages. They'd been there for a year so it was around €2,500.

    Take the month free and move, not worth the stress of arguing about you having to retain 20% going forward and the worry revenue will catch you for the 20% going back.


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    #5
    budhabob
    Registered Users Posts: 4,821 ✭✭✭budhabob


    chupi wrote: »
    Don't claim for rent relief!

    If you do and the revenue see your landlord is non resident then they'll say you should have withheld 20% of your total rent annually and forwarded it to revenue. Happened to friends, they claimed for rent relief, revenue spotted landlord was non-resident and revenue just docked the 20% straight out of their wages. They'd been there for a year so it was around €2,500.

    Take the month free and move, not worth the stress of arguing about you having to retain 20% going forward and the worry revenue will catch you for the 20% going back.

    Thanks for this, it seems like good advice.


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    #6
    Sand Wedge
    Registered Users Posts: 226 ✭✭Sand Wedge


    How much is your monthly rent for the property? Also are you and your other half both working?


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    #7
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    chupi wrote: »
    Don't claim for rent relief!

    If you do and the revenue see your landlord is non resident then they'll say you should have withheld 20% of your total rent annually and forwarded it to revenue. Happened to friends, they claimed for rent relief, revenue spotted landlord was non-resident and revenue just docked the 20% straight out of their wages. They'd been there for a year so it was around €2,500.

    Take the month free and move, not worth the stress of arguing about you having to retain 20% going forward and the worry revenue will catch you for the 20% going back.

    call me cynical but I dont believe this for one second.

    Technically the tennant is responsible but there are documented cases where if the tennant proves they were unawar eof the obligation they have not been found to owe the revenue.

    besides which the revenue dont have power to deduct straight out of somebodys wages without a court case having ensured and a legal judgement having been made against your friends.

    I call BS


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    #8
    Scamp-
    Registered Users Posts: 213 ✭✭Scamp-


    D3PO wrote: »
    call me cynical but I dont believe this for one second.

    Technically the tennant is responsible but there are documented cases where if the tennant proves they were unawar eof the obligation they have not been found to owe the revenue.

    besides which the revenue dont have power to deduct straight out of somebodys wages without a court case having ensured and a legal judgement having been made against your friends.

    I call BS

    I think they meant your rate of tax goes up.


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    #9
    budhabob
    Registered Users Posts: 4,821 ✭✭✭budhabob


    Sand Wedge wrote: »
    How much is your monthly rent for the property? Also are you and your other half both working?
    both working for the moment in some capacity,and rents 520!


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    #10
    chupi
    Registered Users Posts: 194 ✭✭chupi


    D3PO wrote: »
    call me cynical but I dont believe this for one second.

    Technically the tennant is responsible but there are documented cases where if the tennant proves they were unawar eof the obligation they have not been found to owe the revenue.

    besides which the revenue dont have power to deduct straight out of somebodys wages without a court case having ensured and a legal judgement having been made against your friends.

    I call BS

    Nope, sorry. Unfortunately it is true.

    Friends both asked revenue for a p21 balancing statement and next pay cheque both received wages minus the 20%. I have no idea how revenue cross checked there numbers with the landlords but they did. There's been a couple of cases over on askaboutmoney too. Do you have a link to the documented cases? I'd love to send it on to said friends so they could try get their money back from Revenue :)


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    #11
    Sand Wedge
    Registered Users Posts: 226 ✭✭Sand Wedge


    It should be the landlord not revenue that the OP should look to get money back from. The OP is paying over x amount to revenue. Then the OP should only pay the landlord normal rent-x being paid over to landlord (i.e 520-104=416) In addition if the OP were able to claim the Rent Tax Credit then the OP and the Partner would receive a tax credit of €33 each a month. (€66 a month). Now that OP is paying over the 20% to revenue are they getting their rent tax credit?


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    #12
    stakey
    Registered Users Posts: 721 ✭✭✭stakey


    Technically the landlord must have a designated person to deal with the rental money in Ireland. If you don't have such a person designated then the gubberment slaps the tax (if caught) on the renter. It's a means to get the revenue if the landlord living abroad isn't in line with what revenue want them to do.


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    #13
    budhabob
    Registered Users Posts: 4,821 ✭✭✭budhabob


    chupi wrote: »
    Take the month free and move, not worth the stress of arguing about you having to retain 20% going forward and the worry revenue will catch you for the 20% going back.

    Basically this is the option we're going with. At least now i have educated myself in so far as what is expected of the tenant.


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