please help

JustAskinK

without getting into it to much our landlord wants to up our rent by 100 euro, shes unregistered and says us using her address is effecting her FIS. she says she is doing us a favor by not going through an agency. so my question is this. could she lose her benefits by going through an agency (is she really doing us a favor or are we the ones doing favors)

athtrasna

Do you live with her or rent her house? Is the proposed increase in line with market rent rates for the area? How long have you been living there? Do you have a lease? When was your last rent increase?

All of these questions impact the answers to the questions you asked

ted1

JustAskinK wrote: »

without getting into it to much our landlord wants to up our rent by 100 euro, shes unregistered and says us using her address is effecting her FIS. she says she is doing us a favor by not going through an agency. so my question is this. could she lose her benefits by going through an agency (is she really doing us a favor or are we the ones doing favors)

Could or should ? Agencies are irrelevant. And as far as I know tenants who are licencees ( living with landlord) don't need to be tegustered

JustAskinK

been living here almost 4 years, not one increase in that time, she doesn't live with us. we look after the house the best and there's never been any problems with us. we do use the address but she says its effecting her benefits yet we don't get rent allowance and she wants to increase our rent! it just doesn't seem fair. should we put up with the increase our go elsewhere? you know maybe somewhere that would accept rent allowance. just feels like were being screwed over:(

JustAskinK

"Could or should ? Agencies are irrelevant. And as far as I know tenants who are licencees ( living with landlord) don't need to be tegustered"

she says shes losing out by not going throug a agency, is this scare tactics to get us to pay up? im sorry i dont really know the market value of the area i know 2 houses have gone up for sale in the area in the last 2 weeks if that helps

NIMAN

So I'm guessing when you say she is unregistered she is not paying tax on this rental income?

And if she used an agency she would have to pay at least 10% of the monthly rent in fees to the agency.

She sounds like she's chancing her arm.

I find the bit that she would lose benefits strange. Is she an unemployed person who has income from a rental property that the Gov don't know about? Does she own the house?

ted1

JustAskinK wrote: »

been living here almost 4 years, not one increase in that time, she doesn't live with us. we look after the house the best and there's never been any problems with us. we do use the address but she says its effecting her benefits yet we don't get rent allowance and she wants to increase our rent! it just doesn't seem fair. should we put up with the increase our go elsewhere? you know maybe somewhere that would accept rent allowance. just feels like were being screwed over:(

So she owns two houses, rents one out and us on family income support? Csll the PRTB immediately. not only is she giving decent land lords a bad name but she is sticking her hand in everyones pockets aswell

NIMAN

Agree with ted on this.

I'd nearly tell her you're staying on the same rent and if she wants you out, you'll be informing the authorities about her.

She'll run a mile.

Whats your relationship with her like?

Gatling

JustAskinK wrote: »

"Could or should ? Agencies are irrelevant. And as far as I know tenants who are licencees ( living with landlord) don't need to be tegustered"

she says shes losing out by not going throug a agency, is this scare tactics to get us to pay up? im sorry i dont really know the market value of the area i know 2 houses have gone up for sale in the area in the last 2 weeks if that helps

She's obviously loosing out if your not paying the current market rates you have been very lucky not haven't had a increase In 4 years I frankly wouldn't be complaining in the current climate .
If she gets a management company or estate agent to look after the property expect the rent to increase to current market rates
Next to no where accept rent allowance lately

Are you/s working

Bongalongherb

You would want to check-up on the legality of her situation if possible. If she is not registered and the PRTB get involved, she is going to have more of a problem than you have.

You need to have a talk with her.

JustAskinK

just feels like shes the one reaping all the benefits. i am grateful that the rent hasn't gone up in 4 years and we are getting a pretty sweet deal. just doesn't seem fair that shes having her cake (increasing the rent) and eating it too (we cant use the address) should be one or the other in my opinion

the_syco

JustAskinK wrote: »

been living here almost 4 years, not one increase in that time, she doesn't live with us.

A €100 increase after four years isn't bad.

=-=

Parts relevent to FIS and rental properties;

The Department of Social Protection does assess income you get from tenants who rent a property you own, it may examine your bank accounts to check for other income sources

Rental income from the letting of property or land (the capital value is not assessed). The gross rental income is assessed and you cannot deduct mortgage payments or other expenses.

The following payments do not count as family income:
Rent Allowance for tenants affected by the de-control of rents

By the way, how do you meant that you "can't use the address"?

JustAskinK

my housemate is on jobseekers so anything he gets is sent out to the house, she doesn't want us to use it for that i suppose. don't see how that could be effecting her benefits but i don't know the ins and outs of things. need to educate myself more.

NIMAN

She's pulling a scam, thats for sure.

If she is taking rent from you, she should be paying tax on it.
As someone who was a LL in the past, I hate people like this. I had to pay all the taxes, register with the PRTB, pay increased landlord insurance etc, yet people like her can avoid it all.

Mention 'Revenue' to her. She'll drop the demand for more money.

hfallada

ted1 wrote: »

So she owns two houses, rents one out and us on family income support? Csll the PRTB immediately. not only is she giving decent land lords a bad name but she is sticking her hand in everyones pockets aswell

Just go straight to Revenue to. I reported a car that wasnt registered in the state and they planned on interviewing the owner about it almost straight away.

OP call Revenue and explain your situation

MouseTail

Id imagine she is telling DSP this is her primary residence, but she is actually living elsewhere, with her partner perhaps.

she is probably defrauding the system, the moral thing to do would be to report her to DSP, but you have to weigh what is in your best interest.

NIMAN

Does she own this house, or is she getting it to live in, then sub-letting to you while she lives elsewhere?

Bongalongherb

hfallada wrote: »

Just go straight to Revenue to. I reported a car that wasnt registered in the state and they planned on interviewing the owner about it almost straight away.

OP call Revenue and explain your situation

Maybe it would be a better stability to have a serious talk with your landlord before you go down that route.

JustAskinK

the house is hers. thanks for all your help guys, its good to hear things from both sides gives a new perspective on things especially when your wreaking your head thinking about it. i think the best course of action is to ask her to register herself and pay up or she can look for another tennent.

NIMAN

Tenants have rights too.

jon1981

Bet she's paying no tax on her rental income either...

The_Conductor

OP- If the landlord goes through an agency- typically she will pay 10% of the gross income to the agency as a management charge.

Whether, or not, she is tax compliant- is not just cause for you blackmailing her. If you go down this route- and she is subsequently subject to audit- and it comes out that you were complicit in this- you'll be trouble too. It is not in your interest to question her tax compliance- and indeed is precisely none of your business.

Rents have more than doubled in the preceding 4 years. A 100 Euro a month increase- is a particularly mild increase. You are now at the start of another 4 year cycle under the 2004- and can be asked to leave, without reason, for the first 6 months. Be careful.

It sounds like you know you're getting the property for considerably below fair market value- and you have an expectation of this continuing. The requested increase is unwelcome- but very little towards bringing the rent to fair-market-value.

If the landlord is forced to regularise her affairs- you will be expected to pay fair market value- whatever that is (it could very well be double what you're paying at the moment).

I do not condone tax evasion, people claiming social welfare benefits they are not entitled to- or tenants using the knowledge of their landlord's non-compliance as a battering ram to extract financial concessions from them.........

Neither of you are in the right here. You certainly are setting both you (and your housemates) and the landlord up for trouble with the authorities.

Both you and the landlord need to cop on. Personally I find both your behaviour despicable.

farrerg

JustAskinK wrote: »

just feels like shes the one reaping all the benefits. i am grateful that the rent hasn't gone up in 4 years and we are getting a pretty sweet deal. just doesn't seem fair that shes having her cake (increasing the rent) and eating it too (we cant use the address) should be one or the other in my opinion

It does sound as though she is not properly declaring her income. But from your point of view, if you like the property, are getting to rent at below market rates even with the 100 increase, and can afford it, you may be shooting yourself in the foot by fighting it. Maybe say you can afford 50 only and see what she says?

If you have to move out, you will find it extremely hard judging by reports on here and in the media to find another property that will take rent allowance and may end up paying more if you do find somewhere. If you report her, and she has to start declaring the rental income, she will definitely increase the rent and start charging market rates

laserlad2010

The_Conductor wrote: »

Both you and the landlord need to cop on. Personally I find both your behaviour despicable.

Sorry, have you read her latest post? Or any of them? She came on here to listen to peoples opinions and make an informed decision.

Like any, normal, human being, she is worried about paying more rent AND not being allowed to use the address for themselves.

Her last post indicates that she is going to do the morally right thing and either leave, or have her landlady register.

Hardly despicable.