Nope the proposition is that you charge the rent & it is paid in the correct way and allow for a rent holiday at appropriate times of the year.Wasn't the suggestion to increase the rent to X but charge the an amount less than that? If there is an agreement with the tenant that they pay Y, then Y is the rent, not some other figure that better suits your purpose.
Tenant moves out. A new tenant moves in who happens to know or be contacted by the old tenant for some particular reason. They talk and it emerges that the new person is paying substantially more to you every month than the old one did. They have you over a barrel.How will the RTB get involved here? Tenant brings a claim to object to getting a rent holiday?
they are not, the rent is the same.new person is paying substantially more to you every month than the old one did
How would the rtb documents be mis-stating the rent if the landlord correctly calculated and registered any increased rent.In exactly the same way as they might get involved in any dispute over rent being charged to future tenants. Unlikely, but problematic if it arises.
The RTB guidance and the Residential Tenancies Act is clear that the actual rent should be declared, going through a rent review and submitting the required documentation that deliberately misstates the rent greed with the tenant is never a good look. Will you get away with it? Probably, but that's the case with many offences.
They can't get the basics right, I have little concern about them doing this!monitoring every interaction between landlords and tenants
They are because there's a side agreement that allows them a refund of part of it.they are not, the rent is the same.
Not a refund, rent holiday.They are because there's a side agreement that allows them a refund of part of it.
I'm old enough to remember people saying this about the Revenue Commissioners.They can't get the basics right, I have little concern about them doing this!
All highly unlikely.A new tenant moves in who happens to know or be contacted by the old tenant for some particular reason. They talk and it emerges that the new person is paying substantially more to you every month than the old one did. They have you over a barrel.
I would just increase the rent 8%. Any non-standard arrangement is likely to cause problems because the tenant might refuse an increase at a later date and go RTB route if you ask them to leave, RTB will not be on your side and will likely revise rent down to the previous 'effective rent' and let tenant stay on lower rent. Personally, I'd get out/sell anything in an RPZ, leave it to institutional investors that can afford to leave places empty to reset to 'market rent'.
The RTB would get involved later when you try to actually increase the rent and the tenant refuses to pay the increase. When you go to the RTB to get them out, the tenant claims you have a long standing agreement about the 'real rent'. RTB starts an investigation, that might drag on forever. I suspect that the RTBs remit is to keep tenants in-situe for as long as possible, to keep pressure off other state bodies.But it wouldn't be a non-standard agreement. If a tenant paid 100% of the increased rent and a landlord gave a cash goodwill gesture, how would the rtb even be involved in that? Small gifts between people are perfectly legal afaik.
We're allowed to discuss how to arrange things surely. I give a rent rebate every x-mas.I'm sure that the RTB might beg to differ...
Setting Rent and Rent Reviews in a RPZ | Residential Tenancies Board
RTB operates Ireland's National Tenancy Register and resolving disputes between Landlords, tenants and third parties. Governed by residential Tenancies Act 2004. View more information on landlords and tenancies.www.rtb.ie
I'm amazed at some of the suggestions being made in this thread and being allowed to stand given Askaboutmoney's intolerance of stuff like tax evasion, law breaking etc.
The problem is there will be a trail with revenue. But I cannot see a tenant making an RTB claim. I wouldn't like to be there if that happens. Having said that no tenant would do this because then they'd be in trouble themselves with HAP.In exactly the same way as they might get involved in any dispute over rent being charged to future tenants. Unlikely, but problematic if it arises.
The RTB guidance and the Residential Tenancies Act is clear that the actual rent should be declared, going through a rent review and submitting the required documentation that deliberately misstates the rent greed with the tenant is never a good look. Will you get away with it? Probably, but that's the case with many offences.
But you dont increase the rent for new tenant.when you try to actually increase the rent
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.How would the rtb documents be mis-stating the rent if the landlord correctly calculated and registered any increased rent.
I meant for the existing tenant, if they are there long term at some point you will have to actually increase the rent. So you keep increasing 2% on paper according to regulations, in 5 years time the RTB rent is actually up 18% on today. How do you decide a fair increase with the tenant as to what they pay under the side deal and what if they dispute that? The body for the dispute is the RTB.But you dont increase the rent for new tenant.
You've applied the correct increases at the appropriate rent review intervals and continue to do so.
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. That's nothing. But if it's a lot to her, then you give her an x-mas gift of 150 Euro.I have a property where the rent hasn't increased in 4 years.
She's a single mum with 2 children and a very nice person and also a dream tenant. She receives HAP so pays some herself and rest from the state.
I didn't want to increase rent over the years because of above. My concern now is that if she moved out ( unlikely) at some stage Id be stuck with current rent. Simple question- am I allowed to increase the rent by the max allowable ( I checked on the website and its 8%) and declare this on RTB but just ask her to continue paying the old rent or is this fraud?
Cheers
NBC
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