Is my lease valid?

mcgovern8952

Hi. I have moved in to a house less than two weeks ago. The landlord lives in England and is not registered with the PRTB , and he doesn't want tenants to claim social payments on house as he doesn't want anyone to know he is a landlord. I have signed a handwritten agreement , and it says I must give two months notice to terminate. I want to move out due to unforeseen circumstances regarding money , I just can't afford it. I haven't given a deposit just a month in advance. Is this handwritten lease valid? Can I just move out and say sorry I can't afford it.?

miezekatze

I think it's valid, but in reality what's he going to do if you just leave? If he doesn't want anyone to know he's renting the place out and you didn't give a deposit then I don't think there's anything he can do.

Ms Doubtfire1

be very very carefull.A LL abroad has to pay tax in ireland on the rental income.
If he doesn't and revenue finds out YOU might be liable for that.you are held to deduct the amount (20% I think) at source.
And Yes- you can just move out.he's not registered, hiding the fact that he has rental income from the taxman - he's not going to do anything.

RossieMan

Just move out, he's not going to do anything.

mcgovern8952

Thank you all I was thinking he won't do anything but I just needed opinions as I really couldn't be giving him rent for the next two months

davo10

mcgovern8952 wrote: »

Hi. I have moved in to a house less than two weeks ago. The landlord lives in England and is not registered with the PRTB , and he doesn't want tenants to claim social payments on house as he doesn't want anyone to know he is a landlord. I have signed a handwritten agreement , and it says I must give two months notice to terminate. I want to move out due to unforeseen circumstances regarding money , I just can't afford it. I haven't given a deposit just a month in advance. Is this handwritten lease valid? Can I just move out and say sorry I can't afford it.?

If you haven't paid a deposit, just move out, it is the LLs own fault for not taking a deposit so you have nothing to lose.

But for future reference, there doesn't have to be a written lease agreement, a contract can be entered into verbally and can still be binding but without a written version both sides can claim different terms were agreed to so it is best to have it written down, a handwritten version will do.

It takes time for a tenancy to show up on the PRTB register on their website so just because it isn't there 2 weeks after you moved in does not mean it isn't nor won't be registered.

If you are paying in cash, which people rarely if ever do nowadays then the LL might be able to hide it from Revenue but if you are paying it into a bank account it will show up so unless he is stupid enough to tell you he isn't declaring it, don't assume that he is not tax compliant. Even if he isn't, that's the LLs business, not the tenants, you are receiving the benefit of the property enlieu of the rent you pay, that's as far as your interest in the LLs tax affairs should extend. A very important point has been made above, if the LL lives abroad, you as the tenant, are responcible for retaining part of the rent.

Most LLs do not want to deal with SW tenants because rent is paid or at least used to be, in arrears. Though it is illegal to refuse tenants in receipt of SW rent assistance, there are of course ways of getting around this. If you are planning to apply if this in the future, it may be difficult to secure a tenancy.

Edups

davo10 wrote: »

It takes time for a tenancy to show up on the PRTB register on their website so just because it isn't there 2 weeks after you moved in does not mean it isn't nor won't be registered.

Come off it now, if he's not wanting to disclose he is a landlord he's not registered with the RTB. I got a confirmation letter from the RTB within a week of moving in to my house.

OP, I'd be of the persuasion you should report him. He's evading taxes which is completely bull****, considering the platora of LL out there who are paying their fair share. There's too many of these cowboys.

Paulw

A landlord isn't registered with the RTB - a tenancy is registered.

If he is a foreign landlord, then it is up to the tenant to reserve 20% of the rent and declare that to the Revenue.

As for the tenancy being valid -yes it is. A written contract is binding, but so would a verbal contract.

If the landlord decides to make a claim against you, they would quickly win, and then you could be liable for rent for the full duration of the lease.

Be very careful.

mitresize5

This boils my blood.

In Ireland its a case of landlord = very very bad, tenant = down trodden and bate.

And here you have most posters advising the poor poor tenant to walk out on an signed agreement because it doesn't suit them.

'just move out, its the landlords own fault for not taking a deposit' ... like **** it is. What would people be saying if the landlord decided to throw him out because 'unforeseen circumstances regarding money'

pilly

mitresize5 wrote: »

This boils my blood.

In Ireland its a case of landlord = very very bad, tenant = down trodden and bate.

And here you have most posters advising the poor poor tenant to walk out on an signed agreement because it doesn't suit them.

'just move out, its the landlords own fault for not taking a deposit' ... like **** it is. What would people be saying if the landlord decided to throw him out because 'unforeseen circumstances regarding money'

Totally agree, there is a complete bias on here against LL and for tenants.

davo10

mitresize5 wrote: »

This boils my blood.

In Ireland its a case of landlord = very very bad, tenant = down trodden and bate.

And here you have most posters advising the poor poor tenant to walk out on an signed agreement because it doesn't suit them.

'just move out, its the landlords own fault for not taking a deposit' ... like **** it is. What would people be saying if the landlord decided to throw him out because 'unforeseen circumstances regarding money'

I'm a LL and I tend to side with LL when they are in the right. The op's post had a couple of queries, the lease is valid, even if it was only verbal, but the poster wants to know if there are consequences if he walks out. To be fair, not many LLs allow a tenant to move in without a deposit for this very reason, the op's LL didn't collect one and by the sounds of things he is not the most upstanding LL so I can't see what consequences there would be for the op. If the LL wants to prevent this he should do things a little more professionally.

davindub

Your notice period is 28 days regardless of the notice period in the contract as it is set by legislation. As there is no deposit retention, you are ok to move out. But let him know now, etc. Without considering the legal aspect, you are still dealing with someone.

In theory anyway, the LL would find it hard to get a judgement against you in any court process (has to use RTB) as his intentions were to evade tax (or any criminal act, he probably knows you would have to deduct 20% of the money you pay him, must have clean hands to use the courts).

mcgovern8952

Hi, thanks for your replies. The landlord owns the house but works away and lives in England. He stays in this house every few weeks up until now. I pay by cash to his sister.

davo10

mcgovern8952 wrote: »

Hi, thanks for your replies. The landlord owns the house but works away and lives in England. He stays in this house every few weeks up until now. I pay by cash to his sister.

Op if the LL still uses a room in the house when he is home, you are a licensee not a tenant and as such he is not required to register with the RTB. Someone else will give you a better info on this but as far as I know the rent a room scheme is tax free up to €12k I think.

mitresize5

Anything to be said for paying the guy what you owe him?

exaisle

His sister is the landlord's agent if she is collecting rent on his behalf, so you don't have to deduct the 20%. That's only the case if you are sending the money directly abroad, or lodging to an account here under the direct control of the landlord.

davindub is correct in his assessment of the situation. You are free to move out, but you need to inform the landlord, or his sister, so they can ensure the security of the premises.

The Ging and I

davo10 wrote: »

Op if the LL still uses a room in the house when he is home, you are a licensee not a tenant and as such he is not required to register with the RTB. Someone else will give you a better info on this but as far as I know the rent a room scheme is tax free up to €12k I think.

If the landlord is working and paying tax in England he is tax domiciled there not Ireland so the rent a room is not tax free. I know as I have just filed a tax return.

pilly

The Ging and I wrote: »

If the landlord is working and paying tax in England he is tax domiciled there not Ireland so the rent a room is not tax free. I know as I have just filed a tax return.

He could very possibly be working for an Irish company in England.

mcgovern8952

mitresize5 wrote: »

Anything to be said for paying the guy what you owe him?

I don't owe him money I have paid a months rent in advance and leaving after two weeks. Therefore he still has half a months rent that he can keep.

mcgovern8952

davo10 wrote: »

Op if the LL still uses a room in the house when he is home, you are a licensee not a tenant and as such he is not required to register with the RTB. Someone else will give you a better info on this but as far as I know the rent a room scheme is tax free up to €12k I think.

Hi, thanks he doesn't stay in the house now that I'm in it .

pilly

mcgovern8952 wrote: »

I don't owe him money I have paid a months rent in advance and leaving after two weeks. Therefore he still has half a months rent that he can keep.

You do, you're supposed to give at least a month's notice by law, never mind the 2 months that are in your contract so you owe him at least 2 weeks rent if you're leaving after 2 weeks. All of this fairness works both ways. You were very lucky you didn't pay a deposit and to be honest if you realise after 2 weeks living somewhere that you can't afford it then you didn't think about it very carefully in the 1st place.

The Ging and I

pilly wrote: »

He could very possibly be working for an Irish company in England.

Fair point.

lawred2

Ms Doubtfire1 wrote: »

be very very carefull.A LL abroad has to pay tax in ireland on the rental income.
If he doesn't and revenue finds out YOU might be liable for that.you are held to deduct the amount (20% I think) at source.
And Yes- you can just move out.he's not registered, hiding the fact that he has rental income from the taxman - he's not going to do anything.

Is that true?

Paulw

mcgovern8952 wrote: »

Hi, thanks he doesn't stay in the house now that I'm in it .

In that case, your lease is binding and you are subject to the Residential Tenancies Act.