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Landlord protection

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  • 27-08-2021 6:33pm
    #1
    naughtysmurf
    Registered Users Posts: 3,262 ✭✭✭


    Just going to put this scenario in here not sure if it should be in the legal forum

    Home owner with adult children, currently in long term residential care, owns a property that is currently empty. Extended trusted family member expresses an interest in renting, children happy to rent at a nominal rent & happy that the house is no longer unoccupied

    Question- What safeguards, legal, insurance or otherwise & any other considerations should the homeowner put in place or consider to ensure they are protected as much as possible


    thanks



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    #2
    DubCount
    Registered Users Posts: 1,089 ✭✭✭DubCount


    Put in place a formal lease, setting out all terms so there is no confusion.

    The tenancy will need to be registered with the RTB.

    I guess it depends on the owners plans for the property. Is there any chance the owner will want to move back to the property. Who will inherit. Is the property covered by Fair Deal etc.

    Maybe a quick discussion with a solicitor might be wise.



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    #3
    naughtysmurf
    Registered Users Posts: 3,262 ✭✭✭naughtysmurf


    The house is in the final stages of approval for the ‘fair deal scheme’, there is no possibility of the owner returning home. Children will inherit equal share eventually.

    there would be concerns over access issues for the children who all currently have access while rented for things like checking the post, maintenance etc and liability in the case of the renter inviting someone back who has an accident on the property for example & the owner being exposed to litigation , those kind of concerns,



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    #4
    meijin
    Registered Users Posts: 1,266 ✭✭✭meijin


    1. Just search for countless threads about renting to family. Summary: don't.
    2. There is no real protection.
    3. Once you rent it, you no longer have unlimited access.


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    #5
    Caranica
    Registered Users Posts: 10,115 ✭✭✭✭Caranica


    Also check the taxation situation and rules re renting while utilising fair deal. It's a couple of years since I dealt with it but the rent was fully payable to fair deal yet income tax, usc and running costs still had to be paid by the family.



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    #6
    Mrs OBumble
    Registered Users Posts: 25,939 ✭✭✭✭Mrs OBumble


    https://www.boards.ie/discussion/comment/117813405#Comment_117813405

    This. It depends on how much pension etc, income the home-owner has, and thus what tax-bracket their rental income would be.

    But it could be better to look at some kind of licensee / caretaker arrangement. You'd need specific legal advice about how to do this correctly - and it may not be acceptable to the relative-in-residence, because they have little security.



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    #7
    Flinty997
    Registered Users Posts: 12,101 ✭✭✭✭Flinty997


    https://www.boards.ie/discussion/2058206161/landlord-protection


    Nominal rent?

    https://www.irishtimes.com/business/personal-finance/how-does-revenue-view-adults-living-rent-free-in-parents-property-1.4543367




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    #8
    naughtysmurf
    Registered Users Posts: 3,262 ✭✭✭naughtysmurf


    https://www.boards.ie/discussion/comment/117813646#Comment_117813646

    €50 a week, grandchild of owner



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    #9
    JimmyVik
    Registered Users Posts: 5,367 ✭✭✭JimmyVik


    Easiest way is to actually not rent it to the relative, but pay the relative €50 per month to live in the house to mind it.

    Dont go down the letting route.

    It will just end in tears with the way the legislation is nowadays.

    That relative can then buy you pints or whatever to make it up to you.



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    #10
    mrslancaster
    Registered Users Posts: 1,811 ✭✭✭mrslancaster


    https://www.boards.ie/discussion/comment/117821913#Comment_117821913

    There was a security company a few years ago who allowed people to live in unoccupied properties as caretakers/security for a very nominal rent. I think it might be more common in the UK, it prevents squatters. No idea if that would work now with the rtb requirement that every dwelling is registered and if the property was in poor condition, would the rtb or council insist that owners refurbishing them to meet standards? JimmyVik suggestion of paying the occupant a nominal amount means no tenancy exists so no need to register with rtb.

    Post edited by mrslancaster on


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