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Trouble with tenant

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Comments

  • #62
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,262 ✭✭✭Claw Hammer


    Graham wrote: »
    That case appears to hinge on the fact "There can be no doubt
    but that the landlord sought to review the rent in 2015", I'm not sure that the same can be said of the OP and 3 test messages.

    That said, I am not a lawyer. The OP should get their own qualified legal advice.

    Who knows how an RTB tribunal would view things, even those suitably qualified have a hard time predicting and the RTB do have a reputation for being fairly pro-tenant in these matters.

    The o/p sought arrears of his new rent. How can it be said that he did not seek to review the rent? The o/p has got himself into a mess. The hob lawyers here are going to get him into a bigger mess, if he goes along with some of the suggestions here. If the o/p tries another review and it fails e is going to have to wait even longer before he can do a review. Given that he is only looking at an increase of 75 per month and it would cost him about 1k to pay for a solicitor to attend an RTB hearing, he would be better to sit it out.


  • #63
    TheChizler
    Registered Users, Registered Users 2 Posts: 9,463 ✭✭✭TheChizler


    marieholmfan wrote: »
    The tenant is responsible. That's Revenue's position.
    Isn't that exactly what I said?


  • #64
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    It's amazing the amount of "accidental" landlords who forget the finer details like registering as a landlord and paying tax. :rolleyes:


  • #65
    tvjunki
    Registered Users, Registered Users 2 Posts: 602 ✭✭✭tvjunki


    phildin wrote: »
    For what it's worth, I don't believe the banks go proactively looking at registrations of tenancies so you should be able to get everything registered with the PRTB and revenue without impacting on your mortgage rate.

    Whether you are obliged to tell the bank that it's no longer your primary residence is another question, that's something that will be in the T&Cs of your mortgage agreement. If the bank did find out, they could decide to switch you to a buy to let rate but anecdotally, I haven't heard of this scenario.

    My suggestion is to register with the PRTB (as everyone else has suggested), hire a solicitor to send a proper notice of arrears and separately, a notice of rent increase whenever it's legal/appropriate to do so. The same solicitor should be able to advise you on the best way to engage with revenue. Since you'll be a making a voluntary disclosure, you can expect them to be more accommodating than they would with someone who's caught committing fraud but you'll still need a solicitor to make sure you don't put a foot wrong in this process. It might be costly but it will be well worth it in the end to have this mess tidied up correctly.

    Ulster bank do check rtb registrations but if you are paying your mortgage they will leave be.

    Op cannot ask for arrears as he has not put the notification in the correct format and send the letter by post or hand it to the tenant.


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