One for the landlords

Jim570

If I wanted to buy a house with a tenant in it 8 or 9 years and there was no contract in place for the tenancy what way would I be liable for fees with the prtb body? Do I pay the fees from when I buy or when the tenant moved in? I can't find the answer.

Cheers

3DataModem

The RTB are terrible at answering this question, I've tried. There is no procedure for normalising a tenancy in this way, and nothing really in the legislation.

You would be obliged to register the tenancy as soon as you became the landlord, you don't have to backdate it.

My strong advice is to get something in writing from the solicitor as part of the purchase (or from the tenant directly) stating the current rent and that the current rent was arrived at lawfully. This protects the tenant from excessive increases above RPZ and protects the landlord from the tenant saying "actually we were paying 50% less a year ago, here's bank statements as proof, drop rent please as we are in RPZ".

Grumpypants

To register you simply put in your name address and tenancy name and address and pay €40.

ELM327

I wouldn't buy an investment property with sitting tenants but no formal lease in place. It's a blank cheque of risk.

Dav010

https://www.boards.ie/discussion/comment/121591231#Comment_121591231

If the tenant has been there more than 6 months and has Part 4 rights, I’m not sure why you would place any importance on a formal (presumably written) lease.

Gumbo

It’s €40 a year. It won’t break the bank so to be safe you could register an account and take over the tenancy.

Log it and record it. It’s tax deductible anyway.

Jim570

https://www.boards.ie/discussion/comment/121590211#Comment_121590211

Cheers yeah it's an odd one alright. Only an idea for the moment. Heard of a place that will eventually come up for sale. Distressed mortgage or that sort of thing. LA will probably end up buying it.

So the new owner pays the fees from when they buy it? Any hassle then if I need the prtb body? I don't think much of them but can the tenant cry it wasn't registered? What about them fees for years? I can't find much on it

Jim570

https://www.boards.ie/discussion/comment/121591775#Comment_121591775

40 a year from when I buy it or when the tenant moved in? Have I to pay for all the years or will it be hassle if I don't?

3DataModem

https://www.boards.ie/discussion/comment/121591932#Comment_121591932

From when you buy it.

3DataModem

 Any hassle then if I need the prtb body?

• Based on my conversations with them about a similar case, they are delighted for a good landlord to take over from an unregistered. So once you register, you can use them. However, trying to deal with issues that arose pre-registration (arrears, anti-social, etc) won't get much help. That's what they told me on the phone.

I don't think much of them but can the tenant cry it wasn't registered?

• Yes, but not to you. If they want to claim rent relief and can't because it wasn't registered, well that's between them and their previous landlord. Your contract for purchase should absolve you of any liability.

What about them fees for years?

• Again, you don't have a liability if you didn't own the place.