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Acting as Landlord on behalf of parent

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  • 04-06-2019 9:53pm
    #1
    bennyc
    Registered Users Posts: 1,907 ✭✭✭


    Hi, hope I am in the right place, my father has a house that he lets out per room, has asked me to take over the house for him so I am in the process. Can I ask is there a legal route he has to go to in order for me to put my name on the contracts, the tenants currently do not have contracts so I want to create them. Is it just a matter of me / my father / and the tenants signing the lease agreements ? I know from reading online he (my father) can give anyone the power to act as landlord, so I just want to know is there a legal element to this.

    Thanks for any help.


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    #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,328 Mod ✭✭✭✭Gumbo


    bennyc wrote: »
    Hi, hope I am in the right place, my father has a house that he lets out per room, has asked me to take over the house for him so I am in the process. Can I ask is there a legal route he has to go to in order for me to put my name on the contracts, the tenants currently do not have contracts so I want to create them. Is it just a matter of me / my father / and the tenants signing the lease agreements ? I know from reading online he (my father) can give anyone the power to act as landlord, so I just want to know is there a legal element to this.

    Thanks for any help.

    You are an agent now.


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    #3
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    bennyc wrote: »
    Hi, hope I am in the right place, my father has a house that he lets out per room, has asked me to take over the house for him so I am in the process. Can I ask is there a legal route he has to go to in order for me to put my name on the contracts, the tenants currently do not have contracts so I want to create them. Is it just a matter of me / my father / and the tenants signing the lease agreements ? I know from reading online he (my father) can give anyone the power to act as landlord, so I just want to know is there a legal element to this.

    Thanks for any help.
    He cant give anyone the power the act as a ll. In your case, if you do not own this property even as a percentage, he can only use a legal/licensed ea to manage the property. Most tenants may not even think about this but all it takes is one and your dad could be in trouble if this tenant is already going down the rtb route.


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    #4
    antoinolachtnai
    Registered Users Posts: 9,792 ✭✭✭antoinolachtnai


    You just act on his behalf. He is still the landlord. It is no big deal.

    If anyone really questions this you could get him to write a letter for you to say he's asked you to do this on his behalf.

    I wouldn't go mad with trying to get contracts signed by existing tenants. Unless you really know a lot about what you are doing, signing up contracts with exiting tenants could cause more trouble than they solve, though new tenants should certainly have some written agreement. Existing tenants may refuse to sign for example, and there is very little you can do to make them do it. It is much more important that you have written records of when people moved in and of each and every payment made (as is required by law).

    If he wants to give you the house, then that is something you and he need to discuss with your solicitor(s).

    If you want to do it as some sort of let and sub-let you could do that, but it is a fair bit of bureaucracy and depending on your situation might not be very tax advantageous.

    If you want to do anything complicated, get some sort of tax or legal advice.


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