# PRTB saying I didn't register tenants



## elainem (22 Feb 2010)

I had a couple rent a property from me in 2006 - a S23 property in Leitrim at e300 per month. In 2007, a friend who was living with them started paing the rent and the original tenants left. I signed a lease with the new tennant in April 2007. The PRTB is saying they never got the PRTB form. I'm saying I sent it. They say they have only the original tenants from 2006 on the form. I told them that this friend of the original tennants has been paying rent on the property since April 2007. There has been no attempt on my part to hide the paltry rent from this proptery, as this property and its rental income has been returned on all my accounts since I bought the property in 2005. The PRTB are threatening to prosecute me. Any advice greatly appreciated. Thanks in advance.


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## mathepac (22 Feb 2010)

They say registration wasn't received - can you prove it was sent / delivered?


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## elainem (22 Feb 2010)

Hi! Mathpac, I don't think I can now as I moved house since. Any ideas on what to do? My property was originally registered with the PRTB. I have never claimed mortgage interest relief on the property so was not in breach of any PRTB or Finance Act Rules in this regard. Also, as mentioned, the property income has always been returned on my accounts. Further, I have absolutely no problem in registering the 2007 tenant now, or indeed paying the e140 late payment fee, but they are still saying they are going to prosecute. Any ideas?


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## Trustmeh (22 Feb 2010)

Have a read of this debate; it may give some comfort that they dont intend to prosecute.

http://debates.oireachtas.ie/DDebate.aspx?F=ACC20080214.xml&Ex=All&Page=9


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## Trustmeh (22 Feb 2010)

Also, a load of info here: [broken link removed]

What happens if I don't register?
Until such time as a tenancy has been entered onto the PRTB’s register of tenancies, the PRTB is precluded from dealing with any dispute relating to the tenancy that may be referred to it by the landlord. The registration requirement applies only to ongoing tenancies so it is important that the registration process be completed as quickly as possible in case any difficulties arise in relation to the tenancy.

What is the PRTB doing about unregistered landlords?
The steps being taken by the PRTB to pursue compliance with the registration requirement are in accordance with the provisions of the Residential Tenancies Act 2004 and, in particular, sections 144 and 145. They include the issue of notices to landlords and/or occupiers of the dwellings in question, and the prosecution of offenders for non-compliance with the registration requirement. Details of these notices are set out below. 

- Landlord 1st Notice - section 144(2)
The steps being taken by the PRTB to pursue compliance with the registration requirement are in accordance with the provisions of the Residential Tenancies Act 2004 and, in particular, sections 144 and 145. They include the issue of notices to landlords and/or occupiers of the dwellings in question, and the prosecution of offenders for non-compliance with the registration requirement. Details of these notices are set out below.   

  - Landlord 2nd Notice - section 144(3)
Where the landlord fails to respond to the 1st notice, within the 14 day period or a response was received within the 14 day period which did not result in the PRTB changing their opinion on the registration requirement applying, a notice is served on the landlord stating that the landlord is required to register within 14 days and failure to register within this timeframe will result in the landlord being guilty of an offence under the Residential Tenancies Act 2004. - Occupier’s Notice - section 145(4)

Where the landlord’s name or address is not supplied, a notice is served on the occupiers requiring them to supply within 14 days any information in their possession that could lead to the PRTB ascertaining the identity of the landlord or of his/her address. That notice also states that failure to respond within the 14 days will result in the occupier being guilty of an offence under the Residential Tenancies Act.


What happens if a landlord or occupier does not comply with the PRTB's notices about not registering?
If the landlords and occupiers fail to comply with the provisions of the Residential Tenancies Act 2004 as outlined above, the PRTB will exercise the power open to it under the Act in relation to prosecutions. However this process may take time as in order to maximise success and effective enforcement, it is essential that the information available to the PRTB is accurate and that the PRTB operates in accordance with the appropriate procedures. This is because the successful conviction of the landlord or tenants of criminal offences under sections 144 or 145 respectively requires a high standard of proof and a correct name and address is vital to this process.

Are landlords eligible for tax relief on interest paid on borrowing to purchase investment properties? 
Landlords should be aware that the Finance Acts have been amended to explicitly provide that compliance with the registration provisions contained in the Residential Tenancies Act registration provisions is a condition of eligibility for mortgage interest relief on residential properties. It is a matter for individuals to satisfy themselves that they are in compliance with the Residential Tenancies Act. The PRTB will not routinely provide letters confirming exemption from the Act. The PRTB propose to supply the Revenue Commissioners with information on unregistered tenancies of which it becomes aware so that, as well as facing criminal prosecution, the landlords in question will lose any mortgage interest relief relating to the dwelling.

The following link relates to the Revenue Commissioners' requirements with regard to the registration of tenancies:
[broken link removed]

Why have I not received a letter from the PRTB acknowledging my application to register?
Confirmation letters are being issued to landlords and tenants in all registrations processed by the PRTB generally on a 2 weekly basis.  However, the registration process can take upwards of 6 weeks depending on the volume of applications on hand at any given time.

What do I do with the confirmation letter?
Landlords and tenants must quote the registration number given in the letter in any future correspondence with the PRTB. In addition, landlords may use the confirmation letter as a receipt for payment of the registration fee, where appropriate. Landlords may be requested to provide this confirmation letter to the Revenue Commissioners when seeking mortgage interest relief on residential properties.

What do I do if my tenant leaves my rented property?
If your tenant(s) leaves the rented property then it is deemed to be the end of the tenancy. You will need to register with the PRTB the new tenancy within one month of the new tenants moving in. The tenancy registration form is downloadable from this website.    
*If at least one of the tenants remain in the rented property and the other tenants are replaced by new tenants, then this would be considered an update of the tenancy details. If there is a change of rent you are required to notify the PRTB and when doing so, you are required to advise of any other change of the tenancy details that have arisen in the interim - no fee is payable when providing an update of tenancy details. *The tenancy registration form, which is downloadable from this website, can be used for this purpose also.


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## Bronte (23 Feb 2010)

I don't doubt that you send the form and that they lost it.  Back then the PRTB lost loads of forms as far as I can tell and they moved offices so that may be part of the reason they can't find the form.  Staff also seemed to be coming and going.

They lost a form on me and eventually I had to get the tenant's to redo the form even though I had a copy of the form I sent them.  Now I only correspond with them by registered post when registering tenancies.

The 6 week time limit to get confirmation is a complete and utter lie.  Never have they registered me in 6 weeks.  More like 6 to 9 months.  

As they are so incompetent I don't see why you should have to prove you sent the letter, stick to your guns on it.  I'm guessing their filing system is abysmal, their registration system is inaccurate for sure and they are incompetent.  It is slowly improving though.  Things like they now register the application forms when they receive them and you no longer need the tenant's signature.

What you can do now is register the tenant's if they are still there.  Why they would prosecute you if you now register is beyond me.   What exactly does the letter say?


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