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Anybody letting a flat to Ukrainian’s via state or Red Cross?

  • 14-02-2023 12:58pm
    #1
    Registered Users, Registered Users 2 Posts: 4,135 ✭✭✭spaceHopper


    I’ve a two be flat in house almost ready to let. The house belongs to my mother and I manage it for her. There is nothing in this for me for now anyway.

    It was rented for half the market rate. I can’t legally rent it for what I consider a fair rent which would still be below the market rate. If I keep it empty/or don’t rennet  for two years I can reset to the market rate.

    I’m thinking of offering to the Red Cross or state for Ukrainian’s.  Has anybody done this?

    They would have exclusive use of the flat.

    Will it affect the two year’s empty rule?

    Who pays the Electricity bill?

    Any other pitfalls?



Comments

  • Registered Users, Registered Users 2 Posts: 1,067 ✭✭✭Murph85


    Rent it out cash... why should you take half the market rate and lose half that income again..



  • Registered Users, Registered Users 2 Posts: 4,135 ✭✭✭spaceHopper


    The 800 is tax free, you don't have to worry about been caught or a difficult tenant and there are plenty out there that would be happy to see a LL screwed over. Besides its a good thing to do, it helps them and me out.



  • Registered Users, Registered Users 2 Posts: 324 ✭✭xyz13


    Over 11000 Irish registered as homeless... Charity begins at home.

    Petit à petit, l'oiseau fait son nid...



  • Registered Users, Registered Users 2 Posts: 4,135 ✭✭✭spaceHopper


    I can't help that, the situation is that if I rent it for a fair price, which would be below the lunacy that's out there I'm breaking the law. Not my doing and why should I risk it.



  • Registered Users, Registered Users 2 Posts: 1,423 ✭✭✭herbalplants


    I wouldn't if I was you. They are difficult people, always complainers and from the adds I see on various groups where they look for a place to rent, they mention the 800 eur like they do you a favour that state will pay you 800 quid for them. They forget who pays this 800 quid : us the taxpayer. People who get freebies like this are entitled and have no respect for your place, demanding!

    My 2c

    Remember the shills only get paid when you react to them.



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  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    Great idea. The tenant rats you out after a month. You get fined, forced to reduce the rent to the legal maximum and are further locked in.



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    You don't rent to the Ukranians. You give them a licence. As soon as the place is empty notify the RTB that the place is no longer let. You make whatever arrangement you want regarding utilities with the Ukranians. Because they are on a licence you can terminate when you want so they can't really give you grief. It is an excellent legal way to break the rent cap.



  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭CreadanLady


    You might not be able to get them out easily.

    If you are going to rent to them, make sure you vet them and only rent if you are satisfied 100% that they are actually Ukrainian and not "ukrainians" who can't point to Ukraine on a map, nor speak Ukrainian or Russian

    Only take women & children only - any men, if they are any good, should be at home fighting the war. Men that do come here are either dodgy criminal types or cowards. Neither of which deserve protection, in my opinion. Able bodied Ukrainian men should be sent back and pressed into service whether they like it or not.

    The MFV Creadan Lady is a mussel dredger from Dunmore East.



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    The €800 a month scheme is not a lease, it is a licence. They can be chucked out if needed.



  • Registered Users, Registered Users 2 Posts: 4,401 ✭✭✭arctictree


    Surely if they stay for longer than 6 months then they are a normal tenant and tenancy rules apply?



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  • Registered Users, Registered Users 2 Posts: 3,607 ✭✭✭Ginger83


    You'll find it very hard to get them to leave. If they want to dig in you'll find very little help to have them removed.

    I would know of a property in a local town that was let to one family and it has recently been discovered that they invited two more families to live there against the knowledge or permission of the owner.



  • Registered Users, Registered Users 2 Posts: 94 ✭✭MagicJohn




  • Registered Users, Registered Users 2 Posts: 1,423 ✭✭✭herbalplants


    Yes on Facebook. They are just standard groups for a particular area for example : Clontarf.

    Remember the shills only get paid when you react to them.



  • Registered Users, Registered Users 2 Posts: 2,069 ✭✭✭mrslancaster


    ...They would have exclusive use of the flat...

    Is this a 2 bed flat in your mother's house, ie part of the original house? Does your mother live in the house



  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,263 Mod ✭✭✭✭pc7


    Depending on the location and planning rules could you air b&b it even a few months a year?



  • Registered Users, Registered Users 2 Posts: 4,135 ✭✭✭spaceHopper


    It's a full house split into flats. She doesn't live there



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    The 6 months only applies where someone has been a tenant for 6 months. Since they are not tenants the 6 months is irrelevant. The Residential Tenancies Act does not apply where no rent is paid. The €800 a month is not rent so there is no qualifying lease to bring the property under the Act.



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    If is is under the €800 a month they can be just put out without ceremony.



  • Registered Users, Registered Users 2 Posts: 3,607 ✭✭✭Ginger83


    That's a lot easier said than done even under the scheme. Do you think the Red Cross are going to help? Do you think the local TD will want to get involved? The RTB can't get involved.

    What you are saying is one thing however the reality is very different.



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    What has the Red Cross or the local TD got to do with it? Ukranians are ordered out of hotels every day of the week with no difficulty.



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  • Registered Users, Registered Users 2 Posts: 1,423 ✭✭✭herbalplants


    I agree. The reality is you are stuck with them if you want them out, as violin will come out.....

    Remember the shills only get paid when you react to them.



  • Registered Users, Registered Users 2 Posts: 2,069 ✭✭✭mrslancaster




    Thanks CH. Just found this about the scheme.

    https://offerahome.ie/?faq=1

    So how does this licence work? The owner is not sharing the accomodation. The licence is not a contract with the council - they just provide a template.

    If this scheme is for a whole dwelling then are they not governed by the RTA?



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    Not true. Unless you give them tenancy, which would be stupid in the extreme.



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    The RTA does not apply if there is no rent. The €800 is not rent and is not taxed.



  • Registered Users, Registered Users 2 Posts: 2,069 ✭✭✭mrslancaster


    Whats the difference between an allowance paid by the council for a Ukranian refugee and a housing assistance payment?

    Both are paid to owners, both are for housing, both are allowances. The fact that one is tax-free is a revenue matter.

    So from what you're saying, if an owner received only the HAP amount from the council, then the occupant is not paying rent and that dwelling should not be under the RTA rules?



  • Registered Users, Registered Users 2 Posts: 5,170 ✭✭✭enricoh


    In 2 years time Sinn Fein could be running the show n I wish you luck getting your apartment back. Contact a local estate agent, there is always someone renovating a house that needs a place for 6-8 months.

    Make sure tenants actually are renovating first! I rent out a mobile home to builders during the week, I had a lot of pretend builders to sift through!



  • Registered Users, Registered Users 2 Posts: 3,607 ✭✭✭Ginger83


    You rock up to your property with five adults and seven kids in it and say oh I need my property back at the end of the month and the response is we've nowhere to go. What then? It's not your problem but it is as they won't leave. Do you physically throw them out? How? On your own? With a few mates?

    I agree with you about the hotels but I assure you new accommodation is ready to move to.



  • Registered Users, Registered Users 2 Posts: 3,607 ✭✭✭Ginger83


    Yes and nobody will want to get involved. This is what people do not consider when entering the scheme.



  • Registered Users, Registered Users 2 Posts: 449 ✭✭SCOL


    No, I've done a bit of work on my rental got a new BER cert ( made sure just when up one grade ) and now you can rent

    at market value.



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  • Registered Users, Registered Users 2 Posts: 2,069 ✭✭✭mrslancaster


    There's a lot of confusion all right. I cant see how there is any difference between one type of occupant and another under the RTA.

    Ive read many posts over the years that the RTB can decide on the status of an occupant by looking at the whole picture, particularly exclusive possession, to determine if it is a licence or a tenancy.

    I cant remember reading where the amount of money paid to an owner by the council came into it.



  • Registered Users, Registered Users 2 Posts: 3,607 ✭✭✭Ginger83


    The RTB can't get involved as they are not classed as tenants so how do you get your property back? Do you go to council /government /local TD /Red Cross /solicitor /court/sheriff /gardai or physical eviction with hopefully no assaults?



  • Registered Users, Registered Users 2 Posts: 2,069 ✭✭✭mrslancaster



    Exactly ginger, and thats my query - why are they not classed as tenants if they have exclusive occupation of a dwelling and there is an 'allowance' paid to the owner - irrespective of the amount.

    From the information linked earlier about the €800 a month scheme, it doesnt appear to be a contract signed by the council and the owner, rather a licence between the owner and the individuals. Yet in the past there were many posts here as to why the RTB would not accept that as a valid reason to deny a tenancy, ie just because its called a licence doesnt make it so.

    Also, afaik, occupants under the RAS scheme where the council DO sign a contract with an owner, they are classified as tenants for RTB purposes even though the RTA says any dwelling let to the council is not covered...confusing !!!

    So Im puzzled as to which is it. Are all occupants in self contained dwellings tenants no matter who pays the owner, or, are they council tenants if they are in receipt of RAS, HAP or Refugee Schemes and therefore outside the RTB?


    This €800 scheme hasn't been fully explained to owners by the government imo and owners could run into the difficulties you mention. It's very different to offering a room or share in a private home which actually are licence arrangements.


    If I was the OP, I would be reluctant to get involved with the scheme. Handing over a property worth hundreds of thousands for €800 a month on the basis of a licence that may or may not stand up seems very risky to me.

    Post edited by mrslancaster on


  • Registered Users, Registered Users 2 Posts: 1,423 ✭✭✭herbalplants


    Friend of my husband knew this Ukrainian woman years ago and when the "war" broke offered kindly a room. 100% sure no pay at the start. She arrived with her daughter and her neighbour. He is kind.

    This woman had no bother going to Ukraine 3 times last year to do her teeth... Hey no war for that.

    Then she didn't send her daughter, 13 to school for few weeks cause she couldn't bother to get out of her bed and when the school summoned her in... Oops we can do these things in Ukraine but not in Ireland. Anyhow she blamed my husband friend because he is a smoker and smokes in a room off the kitchen. It is his house and he was too kind from the start.

    Anyhow her case officer moved her off... Don't think that was her plan though. She even had her parents visiting his house.

    This is only one story of many stories I heard from other people who were kind to give a room to Ukrainians.

    I have my own sea swimming group and one riggled in trying to put a big sob story how her son doesn't Get on with her host son.... And she has to move and doesn't want to go to state accommodation....and wants certain area, etc... Big sob story...

    Anyhow I personally heard few red flags stories from various people

    Remember the shills only get paid when you react to them.



  • Posts: 0 [Deleted User]


    Just be careful OP if you are reliant on getting the 800 euros from the state there is a massive delay in the state making payments.



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    The HAP is paid as a contribution to rent. It is taxable and has to be declared. It is limited by to the lower of market rent or the capped rent if applicable. If is only paid where a contract of tenancy under the RTA has been entered into. The €800 is a non taxable ex gratia payment as compensation for hosting occupants. It is not rent as it confers no rights in the property on the person paying it and it has no relationship to market rent.

    The RTB can decide whether an arrangement is a lease or a licence but only in cases where rent is payable.



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  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    The RTA in Section 3 distinguishes between various types of occupants. Some come under the Act and some don't. the amount of money is not relevant but the status of the occupant is.



  • Registered Users, Registered Users 2 Posts: 2,069 ✭✭✭mrslancaster


    Whether the owner's income is taxable or not is a separate question, there are several tax-free schemes available.

    As you say, the E800 is described as an 'allowance' and not rent. I can't see how the label or the amount of money paid determines anything, councils pay various amounts based on different criteria.

    Whether the E800 is called an allowance, an ex-gratia payment, a hosting fee or something else, the money is paid to an owner of a private property for occupants who will have exclusive possession. TBH, I can't see the difference between that and other payments made by councils on behalf of occupants of a property, and in those other situations the occupants are not classified as licensees but as tenants who fall under the remit of the RTB. If I owned a property and allowed someone to live there rent free - say in a caretaker capacity - the RTB could still determine it was a tenancy.

    I'm really curious as to how this can be classified as a license agreement when the owner doesn't live in the property.



  • Registered Users, Registered Users 2 Posts: 3,607 ✭✭✭Ginger83


    It's like my father does say, there's genuine cases but it's like a free holiday for a lot of them. Plenty of them won't want the war to end.



  • Registered Users, Registered Users 2 Posts: 379 ✭✭Madd002


    Same in midlands, Ukrainian girl working with us on national minimum wage has her own room in a large 4 bed house on estate eats meals provided at work, she lives rent free but has to pay gas & electric which between 4 is roughly 40 each per month, she complained about it the cheek all the while her take home of 400+ per week and god knows what else from government + medical card automatically given, & friends of mine in a hotel in westmeath one Ukrainian woman was in Scotland before war started then came over here when she seen what we were offering. Our government are dumb ducks. The only refugees here are the rich ones that were able to afford to leave it's the poor that are stuck over there.



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    Rent is taxed under Case 5 of the Income Tax acts. This sum is not taxable. Other allowances are against taxable income. The amount iis not relevant but the issue is that to have a lease. The Councils don't enter an contract for a lease with the owner of the property. they make a falt rate payment as long as the persons are resident in the property. It is a right top reside agreement only.



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  • Registered Users, Registered Users 2 Posts: 1,423 ✭✭✭herbalplants


    We are utter gobshites. We pay pay pay.... Yet imagine if all that money that these people get were put back into our health and education.

    Remember the shills only get paid when you react to them.



  • Posts: 0 Kaden Brief Rumba




  • Registered Users, Registered Users 2 Posts: 2,069 ✭✭✭mrslancaster


    Ok CH but really my query wasn't about the taxation rules - no issue there - it was about classification of licensees and tenants, and why property owners providing self contained accomodation to Ukrainians have licensees but other occupants of self contained units are always tenants.

    The offerahome.ie website says councils provide a template licence agreement to owners who sign up to the scheme but I couldn't find a copy online for information purposes as it appears you need to sign up before you can see what you are signing up to.

    For anyone interested, these links have samples from the Welsh and UK government for hosts who share their own home - licence agreements - and a sample excluded tenancy agreement for self contained units.

    Licence Agreement:

    https://www.gov.wales/homes-ukraine-excluded-licence-agreement

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1064719/220330_FAQ_ExcludedLicencingAgreement_Final.odt

    Excluded Tenancy Agreement:

    https://www.gov.wales/homes-ukraine-excluded-tenancy-agreement


    This UK solicitor's website also has a template and general advice for anyone interested.

    https://www.duttongregory.co.uk/site/commercial/landlord-and-tenant/homes-for-ukraine/


    Best of luck OP whatever you decide to do.



  • Registered Users, Registered Users 2 Posts: 6,666 ✭✭✭Claw Hammer


    You are not obliged to use the councilo template. You simply tell the council the house is available and make your own arrangements with the occupants.



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