The Horseman
Registered User
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This is a very salient point.
This is a very salient point.You've forgotten one very small, but important point. The vast majority of the rent increase will be paid by HAP. Your tenant might not have to pay any more or much more to HAP. Let's say she's to pay an extra tenner a month.
So your premise is that the tenant gets (say) a rent holiday for one month per year, but wants to make a claim for a rent holiday for two months per year.what if they dispute that? The body for the dispute is the RTB
You've forgotten one very small, but important point. The vast majority of the rent increase will be paid by HAP.
Reference post #31.This is a very salient point.
The property owner does intend that the rent be paid as stated on the form. The property owner is entirely within their rights to grant a rent holiday, or not as they choose.If the landlord does not intend to collect the rent as stated on the form, via a rent holiday or any other mechanism agreed with the tenant, they are making a false declaration.
But they've said they intend to charge a different rent to what they state to the RTB. There's no provision within the legislation for a rent holiday or any other such mechanism.The property owner does intend that the rent be paid as stated on the form. The property owner is entirely within their rights to grant a rent holiday, or not as they choose.
No, my premise is that at some point in the future the landlord will have to really increase the rent to the same tenant if they don't move out. There is now no reference for that level of increase, the landlord can increase anything up to the actual RTB registered rent level, but the tenant may feel that is unfair. You have no reference any more for whats fair and a dispute is possible. If there is a dispute the RTB have to be used. Tenant discloses the real rent to the RTB at that point, and states the proposed increase is unfair. No idea what happens then but it's probably not good for the landlord.So your premise is that the tenant gets (say) a rent holiday for one month per year, but wants to make a claim for a rent holiday for two months per year.
If it's not in the lease (and it won't be); then I don't believe this claim would succeed.
But they've said they intend to charge a different rent to what they state to the RTB. There's no provision within the legislation for a rent holiday or any other such mechanism.
Again, the RTB aren't likely to get involved and the main risk is the tenant developing a grudge later on and showing the RTB evidence that the landlord submitted a false declaration.
Dear RTBthe main risk is the tenant developing a grudge later on and showing the RTB evidence that the landlord submitted a false declaration.
Landlord to tenant "I need to evict you as I need the property for ....."Dear RTB
I wish to complain about my landlord giving me some money back a few years ago.
Yours etc,
Disgruntled Tenant
Not the slightest chance that such a “complaint” would be taken notice of.
You are vastly overestimating the threshold for state bodies to care and, even if they did, their capacity to take action.Tenant to rtb landlord made fraudulent declaration to rtb. Revenue start to query validity of tax returns (even if they are correct).
It's an opinion ultimately the poster makes the decision and deals with the fallout if any.You are vastly overestimating the threshold for state bodies to care and, even if they did, their capacity to take action.
that makes no sense.have to really increase the rent to the same tenant if they don't move out
There's no provision against it either.There's no provision within the legislation for a rent holiday
Hard to find oneself in trouble following my plan where the paperwork supports the position and the bad debt write-off is verbal.
What tenant would rock the boat?
Sure if they did, they’d owe the money!
And the paperwork which they’re party to would contradict them.
Ridiculous.
Unpaid rent is grounds for eviction. Why would a tenant agree to this?The ‘bad debt’ route is the way to go. All of the paper trail supports it. Document the higher rent. Document the chase for the bad debt. Even if the tenant turns Turk on you, there’s a paper trail. They’re just a crazy person trying to shake you down. But they won’t because you’re doing a nice thing whilst protecting your own interests. You can owe me as much money as we like but there’s no actual onus on me to enforce the debt. Also no tax issues whatsoever.
“So Mr Tenant, I need to increase the rent. But you can’t afford it and I like you. So here’s what we’re gonna do. I’m going to increase it on paper, but just keep paying what you’re paying now. I’ll send you a chaser email the odd time looking for the arrears. Just ignore it. So you get what you want and I get what I want. A rare ‘win win’. Sound good?”Unpaid rent is grounds for eviction. Why would a tenant agree to this?
It’s sounds completely weird and if I was a tenant with zero knowledge of tax tenancy law I’d reckon I was being set up for something.“So Mr Tenant, I need to increase the rent. But you can’t afford it and I like you. So here’s what we’re gonna do. I’m going to increase it on paper, but just keep paying what you’re paying now. I’ll send you a chaser email the odd time looking for the arrears. Just ignore it. So you get what you want and I get what I want. A rare ‘win win’. Sound good?”
And what does HAP pay, the fake rent or the real rent?that makes no sense.
Property owner applies rent reviews in the regular way.