Would you claim for tax refund if you were me?

Danniboo

Hey,

Not sure if this is the right section but it's as much a personal issue as it is tax I think, mods feel free to move.

Long story short I posted a thread in property a while back about a place I lived for over 3 years. I minded the place like a palace went beyond what was expected in terms of getting repairs done sorting bills etc. I really like the place and got on well with the landlady. Towards the end of me moving out she turned a bit bitchy let the sky get cut off saying she couldn't justify paying it after the reduction she'd given me in rent.

However when I moved out she was decent enough, gave me my deposit back no probs etc. A couple of weeks later I got an e-mail for money she wanted off me to the sum of well over a few hundred euro, for "damage" she claimed i'd caused, which in essence was down to damp in teh room. Things like replacing a mattress etc, even though I would have thought this needed to be done anyways.

She said an expensive picture was damaged due to the damp even though when I called to collect some stuff it was hanging proudly in the hall ?????

Anyways as far as I know she's not registered. I'm considering claiming my tax back for the excessive rent I paid for those years, i'm not exactly flush and am putting myself through college, so kind of thinking well feck her I won't be able to get a reference from her anyways and she was only really interested in cash when it came down to it. Why should I be out of pocket?

Then part of me thinks i'm being a bit spiteful or bitchy. What would you do?

Julie London

I would tell her either she drops her claim for damages or your going to report her to the PTRB and taxman. And i would leave it at that then put it down to experience and just move on.

Carriexx

Hi

She wont be implicated anyway, homeowners aer allowed to gt rent up to the value of €7k a year and the wont be implicated in anyway with tax. so you can claim away, it wont damage her and she doesnt have to be registered.

Catch_22

Carriexx wrote: »

Hi

She wont be implicated anyway, homeowners aer allowed to gt rent up to the value of €7k a year and the wont be implicated in anyway with tax. so you can claim away, it wont damage her and she doesnt have to be registered.

only if your renting a room in your principal primary residence not if your renting out a property you own that you dont live in.

Carriexx

Catch_22 wrote: »

only if your renting a room in your principal primary residence not if your renting out a property you own that you dont live in.

I would say she is living there as she was heardly paying for the Sky and not living there???!!!!!!

hollypink

I'd simply tell her to deal with the damages claim through the PRTB as that's what they are there for. The catch for her being that if she's not registered with the PRTB, I don't think they will deal with her, but that's not your problem, it's hers.

And then I'd claim the tax relief because you're entitled to it and not doing anything wrong by applying for it. I would never consider it spiteful to claim tax back that you are entitled to. If she isn't tax compliant, well, she will have to deal with the consequences but she has brought them on herself. She may well be tax compliant, but either way you shouldn't feel any responsibility for her tax status.

Daisy M

There is an accomodation and property forum which may be better to answer your question. In order to claim the tax relief you will need receipts have you hung on to them? Wear and tear is to be expected when renting, she is chancing her dont give into her and dont be put off not claiming for a relief you are entitled to.

Danniboo

Carriexx wrote: »

I would say she is living there as she was heardly paying for the Sky and not living there???!!!!!!

She wasn't paying for it per se, that's the whole issue. She gave me a price for rent when I first moved in and one for the Sky I transferred both in to her account. She cut my rent and then the Sky was cut off she said she couldn't justify paying for it anymore as she'd cut the rent, so basically she wanted to get the money out of me any which way she could.

Danniboo

Daisy M wrote: »

There is an accomodation and property forum which may be better to answer your question. In order to claim the tax relief you will need receipts have you hung on to them? Wear and tear is to be expected when renting, she is chancing her dont give into her and dont be put off not claiming for a relief you are entitled to.

I have records on my bank account statements of the money going in to her account and also an e-mail from her stating i'd been paying rent for X amount of time and how much. Pretty sure they're not that stringent as i've claimed before in a different residence.

Dr. Manhattan

Why would you not claim tax relief you're entitled to? Claim away, any implications for her are not your problem, you have to look after yourself and your finances.

Her claim for damage is a red herring on the tax issue, they're seperate. Don't do a tit-for-tat "I won't claim if you don't", the tax relief is between you and the Revenue, not you and her.

I wouldn't pay for the "damage". Damp in the room is likely caused by poor ventilation, not anything you did. That's not your problem, it's up to her to maintain the room properly. Also, if there was damage, why did she return your full deposit? That's part of what a deposit is for. Sounds like a desperate attempt to claw some money back 'cos she's lost your rental income. Again, her problem. Let her pursue you for the money, I doubt she'll bother. If she does, a solicitor's letter pointing out that she returned the deposit and the "damage" wasn't caused to you will likely be enough to cop her on.

mikemac1

Your landlord is claiming for every tax relief going

And now you do the same

She is not your friend, she was your landlady, it's a business relationship and now it is over. Put the claim in

And that was excellent above, if she wants to claim off you tell her to process it with the PRTB. She won't

amdublin

Deal with these items separately. They are not connected.

1. Claim your tax. You're entitled to this.
2. Send her a letter refuting all her claims and ask her to refer it to the prtb for arbitration.

You'd get good advice on this over in accomodation & property. Suggest you ask a mod to move it.

Ickle Magoo

Think this is the best forum for advice on this issue, OP.

All the best. :cool:

not even wrong

Then part of me thinks i'm being a bit spiteful or bitchy.

This attitude comes up again and again and it is truly backwards. No wonder the country is ****ed if people's first thought is to protect someone who's (possibly) evading tax.

(note that not being registered with the PRTB does not automatically mean that a landlord must be evading tax.)

The_Conductor

Danniboo- claim your tax credits- they are your entitlement.
It is the duty of your landlord to ensure that their tax is uptodate- not you.
Irrespective of whether they are registered with the PRTB or not (which in itself incurs a fine) their tax could still well be uptodate- to speculate otherwise is just that, speculation.

You are now entitled to claim this credit for 3 years in arrears (thats 2011,2010 and 2009). Its not a massive amount- about 230 a year- but thats 700 odd Euro thats better off in your pocket than in the Revenue Commissioners........

Its all well and good having the well being of the landlord at heart- particularly as you had a good relationship with them and parted on good terms. Whether or not they have their tax affairs in order is absolutely no concern of yours however. If you really wanted to go the extra mile you could pop them a note advising them that you have recently been advised of these credits and intend to claim them in arrears- as a courtesy you are informing them of this........

If the landlord's tax affairs aren't in order- they will be caught- it may not be through your claim for your legitimate credits and it may not be today or tomorrow-but they 100% certainly will be caught. They'd be incredibly foolish to play any sort of games with their taxes particularly in the current climate........

The Big Red Button

Danniboo wrote: »

Pretty sure they're not that stringent as i've claimed before in a different residence.

I think, if you've been claiming before, the tax credit will usually be automatically applied to your income in subsequent years? So you don't actually get a payment, as such. For example, I put in a claim for 2010 and got a payment of €400 for the year. But, when I checked for 2011, the credit had already been put against my income for the year, as opposed to getting a one-off payment. If you register for PAYE Anytime, it's very easy to see what tax credits you're getting.

Also, as far as I know, you won't be able to get this credit unless you were renting continuously since 7 December 2010. Something else to keep in mind!

Any issues with damage to property etc are a completely separate issue. As far as I'm concerned, you got your deposit back, you moved out, the contract has ended and I wouldn't entertain any more crap from her! As said above, tell her to pursue it through PRTB, but I doubt she has a let to stand on.

Don't get involved in anything like "I won't claim tax credits if you don't look for money off me." She gave you your deposit back, so the business relationship is over. And your own tax credits are absolutely nothing to do with her - if she's going to receive income from rent, it's entirely up to her whether or not she wants to take the risk of not paying tax. Why should you lose money you're entitled to, just to let her keep getting away without paying her tax?