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Is it Compulsory to register with PRTB??

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  • 09-06-2010 4:39pm
    #1
    dlambirl
    Registered Users Posts: 2,062 ✭✭✭


    Is it compulsory for a landlord to register their property with the PRTB??

    IS there any legal implications if they dont
    ???


Comments

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    #2
    Danbo!
    Closed Accounts Posts: 3,942 ✭✭✭Danbo!


    http://www.prtb.ie/landlord_pubregfaq.htm#lq18
    The registration of a tenancy is a legal requirement on the landlord. Landlords failing to register a tenancy may be guilty of an offence and upon conviction shall be liable for a fine of up to €3,000 and/or up to 6 months in prison, along with a daily fine of €250 for a continuing offence.


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    #3
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Stee wrote: »
    http://www.prtb.ie/landlord_pubregfaq.htm#lq18

    true the same way litter fines can be stupid amounts of money aswell. reality is a slap on the wrist and the requirement to backdate the registration


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    #4
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    And of course the fact that the landlord is not registered does not affect or negate the rights of their tenants.


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    #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    dlambirl wrote: »
    Is it compulsory for a landlord to register their property with the PRTB??

    IS there any legal implications if they dont
    ???

    It depends on the type of tenancy. Some do not have to be registered.


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    #6
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    if your a landlord and renting out a house, flat, apartment then yes you have to register however if you are a landlord and renting a room in your house then no you dont


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    #7
    penexpers
    Closed Accounts Posts: 4,038 ✭✭✭penexpers


    I also think that Revenue are cross-referencing with the PRTB and withholding tax relief on the mortgage interest for landlords who aren't registered with the PRTB.


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    #8
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    penexpers wrote: »
    I also think that Revenue are cross-referencing with the PRTB and withholding tax relief on the mortgage interest for landlords who aren't registered with the PRTB.

    Very unlikely. The PRTB and revenue information sharing thats a good one.

    And if you mean the revenue using the register on the PRTB website its never up to date so couldnt be used.


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    #9
    markpb
    Registered Users Posts: 9,304 ✭✭✭markpb


    D3PO wrote: »
    Very unlikely. The PRTB and revenue information sharing thats a good one.

    Section 148 of the RTA 2004 says
    On the request of the Revenue Commissioners the Board shall, at such time or times as are reasonably specified in the request, furnish to the Revenue Commissioners
    (I) confirmation as to whether the landlord has registered a tenancy in respect of a dwelling, and
    (II) in the event of there being one or more than one tenancy so registered, such of the particulars registered in respect of it or them as the Revenue Commissioners may require.


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    #10
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    markpb wrote: »
    Section 148 of the RTA 2004 says

    that just says they CAN share that is very different from them actually DOING it


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    #11
    markpb
    Registered Users Posts: 9,304 ✭✭✭markpb


    D3PO wrote: »
    that just says they CAN share that is very different from them actually DOING it

    It says that the PRTB must share it with the Revenue if they ask. Does anyone here know for sure that Revenue aren't asking?


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    #12
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    markpb wrote: »
    It says that the PRTB must share it with the Revenue if they ask. Does anyone here know for sure that Revenue aren't asking?

    No but does anybody know of a landlord who has had tax relief witheld ? You only have to look at the amount of non complaint landlords there are from a tax perspective.

    Anecdotally the view is that revenue dont do any kind of proper cross referencing, because if they did how hard would it be to find all non compliant landlords form a tax perspective ?

    a search of daft, myhome, gumtree, etc shouldnt be hard to catch everybody whos non complaint from a tax perspective, but it doesnt seem to happen. Now if these kind of things arent being cross referenced why would you believe that the PRTB register is ?


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    #13
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    D3PO wrote: »
    No but does anybody know of a landlord who has had tax relief witheld ? You only have to look at the amount of non complaint landlords there are from a tax perspective.

    Anecdotally the view is that revenue dont do any kind of proper cross referencing, because if they did how hard would it be to find all non compliant landlords form a tax perspective ?

    a search of daft, myhome, gumtree, etc shouldnt be hard to catch everybody whos non complaint from a tax perspective, but it doesnt seem to happen. Now if these kind of things arent being cross referenced why would you believe that the PRTB register is ?


    Interesting and very valid point... Just had an enquiry knocked back by an agent with "not interested in Rent Allowance" and a landlady who "does not believe in the Rent Allowance Scheme as I pay more than enough tax already.."

    All they need to do it try to rent somewhere on Rent Allowance..


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