PRTB Agreement, 3 out of 4 Registered. Help?

yourmother10

Hi all,

We have been having some problems with our landlord and after having pressed for a prtb agreement, only 3 of us received letters. On further investigation it appears that he has the house down as a 3 bedroom house when infact it is a 5 bedroom house. His daughter lives with us, and I know that he is not obliged to have her registered, however, the remaining 4 of us should be registered.

Basically, I am looking for some advice, what are the repercussions of not having the 4 of us registered? And, what is the best way to approach this issue - he is quite a forceful man.

Thanks

Marcusm

Unless he's entered into a single lease/tenancy agreement with all 4 of you together (whether in writing or orally), he probably shouldn't have registered any of you as you would be licencees rather than tenants!

Milk & Honey

RESIDENTIAL TENANCIES ACT 2004

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—

(h) a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,

yourmother10

Thanks for the replies.

We all signed contracts given to us upon moving in, in September. We were all registered with the prtb in the house I lived in last year in a neighbouring estate. Are you saying that because his daughter lives in the house none of us need to be registered or just she in particular doesn't need to be registered (I understand he does not need to register her).

As only 3 of us are registered does that mean he is only paying tax on 3 of us, instead of 4 of us who are not related to him?

Marcusm

yourmother10 wrote: »

Thanks for the replies.

We all signed contracts given to us upon moving in, in September. We were all registered with the prtb in the house I lived in last year in a neighbouring estate. Are you saying that because his daughter lives in the house none of us need to be registered or just she in particular doesn't need to be registered (I understand he does not need to register her).

As only 3 of us are registered does that mean he is only paying tax on 3 of us, instead of 4 of us who are not related to him?

I missed the point about the daughter. THis all means that the 2004 Act does not apply and he need not have registered any of you with the PRTB or paid the relevant fee. Your rights etc are governed otherwise than in accordance with that Act.

This is the position for lettings involving close family members and includes your situtation (even though you are unrelated).

Your reference to "forceful" and the implication of your question about tax makes me wonder whether you are happy living in the house.

On tax, it's not really any of your business but he has no obligation under Irish law to charge rent to his daughter and in the absence of rent being charged, he has no obligation to pay any income tax (as he has no income). Maybe worry less about these aspects?

yourmother10

Marcusm wrote: »

On tax, it's not really any of your business but he has no obligation under Irish law to charge rent to his daughter and in the absence of rent being charged, he has no obligation to pay any income tax (as he has no income). Maybe worry less about these aspects?

Ya my issue is not about his daughter not being charged rent, or him paying tax on her but on us the other tenants. It is a student house and my Dad pays my rent, he is looking to claim tax back from paying rent but in order to do so the Landlord has to be registered.

I'm sorry if I'm being ignorant, but can you explain to me why in the house we lived in last year we all got a prtb agreement? And, that now in this situation he told us we were registered with prtb but only 3 of us received letters and when I checked online it is showing that the house is registered as a 3 bedroom house when infact 5 of us live here, one being his daughter.

Marcusm

yourmother10 wrote: »

Ya my issue is not about his daughter not being charged rent, or him paying tax on her but on us the other tenants. It is a student house and my Dad pays my rent, he is looking to claim tax back from paying rent but in order to do so the Landlord has to be registered.

I'm sorry if I'm being ignorant, but can you explain to me why in the house we lived in last year we all got a prtb agreement? And, that now in this situation he told us we were registered with prtb but only 3 of us received letters and when I checked online it is showing that the house is registered as a 3 bedroom house when infact 5 of us live here, one being his daughter.

Your father should not be able to claim rent relief as he is not living in the house; to do so would be unlawful. Even if you were seeking to claim rent relief, you would have had to be living there before December 2010.

The simple fact is that the Act provides that arrangements such as yours are not within the scope of PRTB and the landlord had no requirement to register any of you. In fact, I would suggest on what I have read to date that his registration is ineffective. As it is not within the scope of PRTB, you won't have recourse to the PRTB in any event.