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Question regarding rent relief

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  • 31-08-2011 11:02am
    #1
    Registered Users Posts: 4,528 ✭✭✭


    Hey,

    myself and my gf have been renting an apartment about 5 months, we paid a months deposit and a months rent up front, but never signed any lease or anything.

    all bills etc are in the landlords name and are paid by direct debit, we just pay them when we receive the bills.

    does this mean that the landlord is un registered? Can we still apply for rent relief?

    and also, as there is no lease, if we were to leave 10 months after moving in, would we be entitled to our deposit back?

    the apartment has been kept immaculate by the way.

    thanks for any advice, we both havent a clue!

    cheers


Comments

  • Registered Users Posts: 4,528 ✭✭✭copeyhagen


    anybody?


  • Registered Users Posts: 568 ✭✭✭mari2222


    If you didnt sign a lease you have not got a contract, so you seem to be free to leave whenever you like.

    In practice, getting a deposit back is difficult, so perhaps tell the landlord you are leaving a month in advance and let the deposit stand for that month. The landlord may not be happy about this of course, but in the absence of your signing anything there is not much they can do.


  • Registered Users Posts: 4,528 ✭✭✭copeyhagen


    cheers for reply, and any idea on the rent relief side of things?

    cheers


  • Registered Users Posts: 1,068 ✭✭✭xper


    mari2222 wrote: »
    If you didnt sign a lease you have not got a contract, so you seem to be free to leave whenever you like.
    Not strictly true. Without a written agreement they are currently in a periodic tenancy. However, once this passes the six month mark, which appears to be imminent, the tenancy will automatically become a Part 4 Tenancy.
    See http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

    The Part 4 Tenancy regulations set the legally required notification period to terminate the tenancy depending on how long the tenancy has lasted. At ten months into the tenancy, the required notiifcation period will be 35 days.

    EDIT: That said, if the landlord is so casual that there is no written lease, it is quite possible that he'd accept one months notice or less but if you know in advance when you are leaving, give the required notice to cover your arse.

    Regarding rent relief, the same website has details of this:
    http://www.citizensinformation.ie/en/housing/renting_a_home/tax_relief_for_tenants.html
    It would appear that in this case, there is no relief available since the tenancy started after 7 December 2010.


  • Registered Users Posts: 4,528 ✭✭✭copeyhagen


    thanks xper, thats the exact information i was looking for.

    cheers.


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  • Registered Users Posts: 4,528 ✭✭✭copeyhagen


    just checked it there, we moved in first week in may, so this is into our 5th month now.

    if we wished to leave give a months notice now should we get our deposit back? we have paid up for september...

    we are thinking of moving back home and buying.


  • Registered Users Posts: 78,399 ✭✭✭✭Victor


    Do so now in writing.

    You are enttitled to the rent relief, however, restrictions are coming in.


  • Registered Users Posts: 4,186 ✭✭✭The_Honeybadger


    I was paying rent in 2008-2009 and never claimed relief, am I entitled to it now, I wasn't renting thereafter from 2010 until early 2011.


  • Registered Users Posts: 3,049 ✭✭✭digzy


    maybe it's different now but a few years back you got tax relief on only between 1-1.5k p/a. the landlord should give you a receipt if he knows whas good for him


  • Registered Users Posts: 1,068 ✭✭✭xper


    Victor wrote: »
    You are enttitled to the rent relief, however, restrictions are coming in.
    Hi Victor,
    Can you explain your thinking here because the link I gave above seems to indicate otherwise?


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  • Registered Users Posts: 78,399 ✭✭✭✭Victor


    xper wrote: »
    Can you explain your thinking here because the link I gave above seems to indicate otherwise?
    Seeing that now, yes, you have a point. copeyhagen would only be entitled to the relief if they were renting before 7 December 2010.


  • Registered Users Posts: 1,425 ✭✭✭indiewindy


    mickeyk wrote: »
    I was paying rent in 2008-2009 and never claimed relief, am I entitled to it now, I wasn't renting thereafter from 2010 until early 2011.

    you should be ok, you can claim going back 4 years


  • Banned (with Prison Access) Posts: 31,117 ✭✭✭✭snubbleste


    Victor wrote: »
    Seeing that now, yes, you have a point. copeyhagen would only be entitled to the relief if they were renting before 7 December 2010.

    At the time of the budget, the minister stated that rent relief would only be applicable to those renting a property on the date of the budget, 7 Dec 2010.


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