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Fair Deal changes might actually happen but...

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  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump



    In your uncles case, the property is simply rent out long term to a local authority. It won't affect your uncle and it won't affect you. When he passes, whomever is left the property will receive the rent. They are irrelevant and not a concern at this point as they own nothing and have no claim over anything.


    I know of a man in a similar situation to your uncle. He has been moved to a home. He has some siblings and nieces and nephews. The thing that I thought was very sad, and a sad reflection on them, was that as soon as he went into the home, someone went in and refurbished the house and it was sold. I presume it was the family who organised it.


    Reading between the lines, it is unlikely they went via the FD scheme as

    1) The expection I heard is that he is not expected to live very long

    2) He also has land. None of his nephews or nieces farm. So unless a qualified farmer takes over, the land is also included in the calculation of the 7.5%

    So the guess is that the house was sold to pay for his care up front.



  • Registered Users Posts: 8,390 ✭✭✭Ray Palmer




  • Registered Users Posts: 4,997 ✭✭✭Deeec


    Your missing my point. Someone has to take overall responsibility - the council won't do this.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    If they do a deal with the owner for 10 years, the property is off the owners hands for 10 years. What additional things are you referring to?



  • Registered Users Posts: 8,390 ✭✭✭Ray Palmer




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  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    I suppose the only remaining advice to you Ray would be not to count your chickens before they hatch. You might never be in the situation of having to deal with a tenant in situ if the property is left to someone else instead. Or maybe the local cats and dogs home. So you might be lucky and not have to deal with the horrors of being an accidental landlord.



  • Registered Users Posts: 4,997 ✭✭✭Deeec


    In my uncles case noone has authority to do any deals. All I could do was become a care rep to sign the fair deal - and even that was painful to get organized. It would be complete madness for anyone in a nursing home to enter a 10 year deal. Do the council maintain the house and make sure it's not wrecked. - I very much doubt it



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    Yeah I think there are schemes where you basically hand it over and you have to get it back in a good condition at the end. In between is not your concern then either - whether it is rented or left empty or treated well or trashed.


    There used to be two versions - one where you retained some responsibility and one where you had none. Even if not available now, the latter could set up again for these purposes



  • Registered Users Posts: 4,997 ✭✭✭Deeec


    But I signed the fair deal and I do have a responsibility that the HSE will get their money after my uncles death or I can be made personally liable. The house being ready for sale after his death would be important - him dying 2 years into the 10 year contract could be a big problem if there are tenants in situ.



  • Registered Users Posts: 516 ✭✭✭BattleCorp1


    Not quite. It's not totally off your hands for 10 years as the owner is responsible for maintenance for the outside of the house, i.e. front door, back door, walls, windows, roof and possibly boiler, septic tank and well.

    The owner also has to insure it. Are we relying on a person with dementia ensuring that the property is insured every year and that they'll be able to facilitate any maintenance that they are responsible for?



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  • Registered Users Posts: 12,099 ✭✭✭✭Flinty997


    There is no such scheme. Even the conditions posted earlier still have the owner being responsible for things. That's assuming no problems. Good luck with that.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump



    Obviously if it became part of the FD then that would have to be taken care of as well. They might wait until the tenants were gone or whatever. Either that or it be structured some way to allow you to break that lease. You can break a lease in order to sell a property.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    Do you think it's that complicated that nobody would be able to set up a company or a scheme to provide those services?

    If you thought really really hard about it for a while, do you think you might be able to come up with an alternative to the existing schemes which contained provisions for the above?



  • Registered Users Posts: 12,099 ✭✭✭✭Flinty997


    You can only do what you're legally allowed to do. You can't imagine it into existence. Much as you seem to think you can.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump



    I assure you Flinty boy, service contracts are a real thing and are quite common in many industries i.e. the real world


    Out of curiosity, what percentage of your rental income would you be willing to pay to a company who guaranteed to fix and repair any damage to:

    front door, back door, walls, windows, roof and possibly boiler, septic tank

    5%?, 10%?, 50%?. 95%?



    How much of a discount would you be preapred to accept for someone to rent your property from you for the purposes of re-letting it for a legally binding contract that you receive that guaranteed percentage of the rent regardless of whether it is let, and that all maintenance be done and the property be returned to you in today's state at the end of the contract?



  • Registered Users Posts: 516 ✭✭✭BattleCorp1


    Your idea is requiring more and more schemes/departments as this thread progresses.

    Here's an alternative scheme. Get the government back building social houses etc. and stop expecting the private sector to house social housing applicants/refugees etc.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    Why departments?

    Private companies can perform those schemes. Have you never heard of the concept of a property management company?

    It's not exactly rocket science now is it?


    I also think that the government should definitely stop subsiding the private sector. The best thing that could happen might be for the government to pull all rental support payments in the morning and let the market settle at it's own level.



  • Registered Users Posts: 4,997 ✭✭✭Deeec


    I think there are too many problems to overcome with renting out these properties for it to be a success.

    In practice I think very little homes would be suitable for the scheme and that's before you get over all the legal redtape.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    How many of those house do you think would be rented out overnight if the government brought in a rule that the 80% clawback was gone and that instead any rental income would be tax free to the owner while they remained in care?



  • Registered Users Posts: 15,956 ✭✭✭✭Spanish Eyes


    A suggestion.... set up a scheme whereby the unoccupied house is sold to the State with a legal route to get around incapacity etc. Sold at market value and the lien/annual percentage is waived or reduced to 1% or whatever as an incentive. That money is ringfenced in a holding account until the nursing home resident dies and then forms part of their estate.

    I do realise that there are flaws to this idea, one of which is the potential increase in property prices that might accrue if the house was retained until the death. But you gotta start somewhere, and the renting idea is dead in the water... far too complicated.



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  • Registered Users Posts: 4,997 ✭✭✭Deeec


    I have no idea how many houses could be rented out. I think the money gained may be immaterial - it may be seen as more hassle than its worth to alot of people.

    My uncles house is in no way up to rental standards - its still stuck in the 1950's and would need a huge amount spent on it to get it to standard for renting. I expect alot of the properties of the elderly are not up to rental standards and are dated. The government would have to possibly look aswell at lending money for similar houses to be updated. Perhaps the full rent could be paid to the government as loan repayments and property cant be sold until loan is repaid. Families could gain then by having a better standard property to sell down the line.



  • Registered Users Posts: 4,997 ✭✭✭Deeec


    What you have mentioned here sounds like a better suggestion.



  • Registered Users Posts: 516 ✭✭✭BattleCorp1


    My own County Council will only take on houses on the 10 year/20 year rental scheme if they are in towns. They aren't interested in houses in rural areas. There's a big chunk of those 8,000 houses gone right there. Good luck sticking a Ukranian family in a rural area with no transport and miles away from suitable support services/education etc.

    Why Departments you ask? Someone will have to run these schemes? We've seen that we can't outsource social housing to the private sector. That clearly isn't working. The private sector can't effectively manage all aspects of your proposal from start to finish as it's far more complex than you seem to realise. This means that there will be Government Departments needed to run your (as Michael Healy-Rae would say) 'airy fairy' idea.

    I'm guessing you mean HAP etc. as being a subsidy to the private sector. If you pull the likes of that, you are correct, the market will settle at it's own level and we will have far fewer rental properties as even more landlords will flee the market. You'll actually make the problem worse.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    I'm not cutting at you at all - you are looking after your uncle. But I mentioned above about the bachelor farmer I know who was put into a home.

    His family refurbished (or organised to be refurbished) his house before it was sold a few months after he went in. There didn't appear to be any concern for his living standards when he was living there himself!!! That is what I thought was a sad reflection.

    From the photos on the listing, it looked like everything in the house was new. Counters, doors, floors, kitchen. So whatever had been there before obviously wasn't up to scratch.



  • Registered Users Posts: 516 ✭✭✭BattleCorp1


    I'm curious how they managed to do that? Who owned the bachelor farmer's house? If he owned it, he must have given permission for it to be done up and sold. If so, he mustn't have gone into the nursing home under the fair deal scheme.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump



    If landlords "flee the market" the number of houses will not vanish. They will sell them and people will buy them and live in them. The government shouldn't be subsidising the market to the extent it is.

    "Departments" was in relation to the body/company who could provide the property management services. Those could of course be provided by the private sector rather than a government.



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    I reckon his brother was given power of attorney over his affairs. As I stated above, it would be assumed he didn't go under FD as he owns land.

    Land used to be included in the reckoning of the 7.5% but that was removed. However only removed where there is a qualified successor identified.

    The man was one of a number of siblings. Actually his parents were not farmers but it was a grandparent's farm. It was originally a very big farm but it was left between him and his siblings and his siblings sold their shares. He was the only one who actually farmed it.

    So his nieces and nephews have interest in farming. So the land would presumably come under the 7.5% and I reckon they did a calculation that on the balance of things, it would be better to sell the house and pay up front. I don't know, all I know for certain is the man is on his last legs in a home and his house was sold a few months after he was taken into care.



  • Registered Users Posts: 8,390 ✭✭✭Ray Palmer


    Irrelevant and assumption on your part. You don't give advice as you show totial ignorance on the subject and just repeat things that you already got explanations to showing your ignorance some more



  • Registered Users Posts: 19,541 ✭✭✭✭Donald Trump


    Even if you've seen a will Ray, that is a living document until death of the testator. It means nothing until that point in time and can be invalidated by the simple act of making a new will.


    Just letting ya know



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  • Registered Users Posts: 4,997 ✭✭✭Deeec


    The farmer you mentioned must have had the capacity ( being of sound mind) or being in a position to set up the legal structures to allow the family to refurbish and sell. In many cases ( including my uncle) we are powerless to do anything. Legally we have no authority to make any decisions regarding his property or financial affairs. He cannot give us the legal authority to look after his affairs as he has dementia and is deemed to not understand ( incapacitated) so there is literally nothing we can do on this. Ward of court is an option - but if I go down this route I have no say in how he is cared for which in my view would be cruel. All the courts gave me was authority to sign the fair deal scheme on his behalf - and even this was a complicated process during covid. I am also probably out of pocket myself to the tune of €5K+ since I started. I have to pay for solicitors fees, pay for his medicine, clothes and other needs. I also had to insure his property out of my own pocket as he is unable to do it himself. Trust me when I say Im literally powerless to do anything in relation to his affairs.

    Lesson learned is you are better to have no assets when you are elderly- You literally will get the same care if you have nothing.



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