T McGibney
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Revenue guarantee taxpayer confidentiality at all times except in very limited situations eg publication of defaulters lists, and don't share their records with other state agencies or anyone else.There's even a lower risk that at some point the RTB will seek access to Revenue records if there is widespread reporting of gaming the system to try circumvent RPZ controls.
That's why each of the parties signed a document or lease stating the rent.The risk (and it is a small one) is that the tenant reports the rents paid to the RTB if you ever tried to increase the rent. I can't see the RTB accepting that a notional rent that only exists on paper and is not matched by the actual rental payments is the actual rent.
There's even a lower risk that at some point the RTB will seek access to Revenue records if there is widespread reporting of gaming the system to try circumvent RPZ controls.
But if practice shows the tennant is paying less and you haven't challenged them on arrears, then it doesn't matter what was written in a contract some time previously.That's why each of the parties signed a document or lease stating the rent.
so explain to me if a tenant does pay any rent or pays a token €100 a month and refuses to pay anything else. Does that mean after two years when the landlord gets such a tenant out of the property, that the new rent is €100 a month (cause that's what the practice shows the previous tenant is paying)But if practice shows the tennant is paying less and you haven't challenged them on arrears, then it doesn't matter what was written in a contract some time previously.
No. Because the landlord would have challenged them on arrears.so explain to me if a tenant does pay any rent or pays a token €100 a month and refuses to pay anything else. Does that mean after two years when the landlord gets such a tenant out of the property, that the new rent is €100 a month (cause that's what the practice shows the previous tenant is paying)
Exactly that. The RTB won't be fooled by any discount scheme designed to circumvent the legislation.What I think @Leo means is that if you set a contractual rent of €1000 and give a discount of €100 every month consistently then the de facto rent is €900, not €1000.
But if practice shows the tennant is paying less and you haven't challenged them on arrears, then it doesn't matter what was written in a contract some time previously.
Show me where in the tenancy legislation allows for late payment penalties.If the rent is late, then a late payment fee is applied.
Show me where in the tenancy legislation allows for late payment penalties.
The legislation deals with arrears procedures and the landlord is limited to claiming for arrears, expenses 'reasonably incurred' in pursuing theDoes the RTA say that cant be done?
The legislation deals with arrears procedures and the landlord is limited to claiming for arrears, expenses 'reasonably incurred' in pursuing the
arrears, and/or costs for damage / repairs.
No mention of late fees there. Don't confuse admin fees with late payment penalties.That guy just told me Threshold said it was not illegal that his lease included terms for admin fees, no pets, no smoking, no carrying on a business, allowing viewings if house was for sale or for new tenants, or several others.
If landlord doesn't pay rtb on time each year there's a late feeNo mention of late fees there. Don't confuse admin fees with late payment penalties.
Yes, the Act allows them to apply late fees.Is landlord doesn't pay rtb on time each year there's a late fee
Is that legal?
Would still suggest doing it a different way - eg, you pay for broadband or bins or some other sweetener that doesn't effect the headline rent.But there wouldn't be any arrears, quite the opposite if payment was made early.
Its a common enough practice to encourage settlement so why couldn't it be used to reward good tenants. If a similar term was included in a lease agreement is there anything in the rta legislation that would make it illegal?
If the tenant paid early they get a small reduction. If the rent is paid on the due date, no discount. If the rent is late, then a late payment fee is applied. So it is in the tenants interest to pay early to avail of the lower rent and a landlord's interest to be paid.
If the initial rent was set at market rate and all rent reviews were in compliance with regulations, correct % and notified to RTB, how could they have an issue?
So landlords would maintain the rent threshold for any future tenancies or sale, at the same time recognising and rewarding a current tenant who keeps to the contract terms, rather than the current situation, where rents are not increased for valued tenants and then the rules change and a landlord is forever stuck at below market rates.
You're right, it's probably easier that way and less admin for a landlord.Would still suggest doing it a different way - eg, you pay for broadband or bins or some other sweetener that doesn't effect the headline rent.