Tenants won't allow viewings

cremeegg said:
I don't think this is entirely correct.

Tax is payable on the rent due, rather than on the rent received. If the rent received is less than the rent due, the difference can be expensed as a bad debt, subject to the usual rules which govern deduction of bad debts.

In other words Revenue are entitled to ask what efforts the landlord made to recover the amounts due, and if they are unhappy to disallow the claim for bad debt as a deduction.
Click to expand...
Well we pay preliminary taxes on rent due, 90% of it in fact.

A few years ago a tenant of ours left on of our properties without notice and left the house in a pretty shabby way.

I did our taxes in November and the house was being repainted repaired etc, that cost was over €6000, and the 3 months from October to December there was no rent from the property.

I submitted the tax return along with the preliminary taxes for the current year and a week later actually 2 days before the DD was due to come out of the bank a note was posted on ROS asking why the preliminary taxes were so low and " not in line previous years " I scanned the repairs quote and the email from the tenant, and they accepted my explanation.

This might be an isolated situation but it did happen, that's why I'm surprised people think Revenue don't have an issue or don't look at figures.

I still believe that selling after the property becomes vacant is more equitable for both tenants and landlords.
 
Last edited:
NoRegretsCoyote said:
That is complete overkill. Just sign the letter yourself, take a scan of the signed copies and addressed envelope, and send it by registered post.

That will be enough to satisfy anyone that they were sent and delivered.
Click to expand...
You need to complete the notice to quit forms stating you are selling and need this witnessed.

You then have to send a copy 30days after the leave date with Notice of termination Return Rtb form (. https://www.rtb.ie/images/uploads/forms/RTB_Notice_of_Termination_Return_Form_(2).pdf)

I sent it as soon as I sent the notice to leave to the tenant. I registered post so the tenant and RTB could not say they did not get it so making it invalid.

I have just been in the RTB website and the notice to quit firm links are broken and the form is missing as well as other links. Wonder what is going on there?
Took a bit of digging but found the link. The form is missing from where it was a few months ago.

 
JohnJay said:
You could always have a friendly chat with your tenants and offer them a bonus if they move out early. While its unlikely that they will find somewhere new to live quickly in this current market, you never know unless you ask.
By the way, if you do pay next years management fee, the new owner will pay you back whatever the % of the year is remaining.
Click to expand...
Thanks for this. Didn't realise that I should get a refund of the management fee. Pro rata obviously. good to know.
 
Sconeandjam said:
Make sure you completed the forms that are the Rtb site and get the forms signed infront of solicitor or commissioner of oaths. Make sure you give an extra few days in move out date to allow for delay in postage. You will need to send a copy to Rtb after the move out date. I sent it in error sooner than expected when I issued the tenant notice but they replied that it will not affect the outcome. I paid swift post so I have proof it was delivered. I know you can hand deliver but wanted to have proof that someone else delivered it.

Why not contact your bank have see what options you gave there? Maybe interest only or mortgage holiday? Then before your tenants move out and apply to pay interest only for say 6 months until the apartment is sold. It will not cost you too much in the scheme of things.
Click to expand...
Cheers for this. I had been advised about proof of posting and proof of delivery alright. I won't be hand delivering as I am in Munster and the apartment is in Dublin but the agent i am talking to has mentioned helping with delivery if I decide to go with them.
Good idea to talk to the bank also. I hadn't thought of interest only for a while. That would help cashflow and as you say, not cost too much in the grand scheme
NoRegretsCoyote said:
That is complete overkill. Just sign the letter yourself, take a scan of the signed copies and addressed envelope, and send it by registered post.

That will be enough to satisfy anyone that they were sent and delivered.
Click to expand...
I heard of a case where the tenant wasn't there to sign for the registered letter and neve picked it up from the post office, so no proof of receipt. !!
 
Sconeandjam said:
You need to complete the notice to quit forms stating you are selling and need this witnessed.

You then have to send a copy 30days after the leave date with Notice of termination Return Rtb form (. https://www.rtb.ie/images/uploads/forms/RTB_Notice_of_Termination_Return_Form_(2).pdf)

I sent it as soon as I sent the notice to leave to the tenant. I registered post so the tenant and RTB could not say they did not get it so making it invalid.

I have just been in the RTB website and the notice to quit firm links are broken and the form is missing as well as other links. Wonder what is going on there?
Took a bit of digging but found the link. The form is missing from where it was a few months ago.

Click to expand...
Thanks for the link. I was having trouble finding it last night and was just about to ask on here
 
Michelle_B said:
Thanks for this. Didn't realise that I should get a refund of the management fee. Pro rata obviously. good to know.
Click to expand...
its also the same with any property tax. Your solicitor and the buyers solicitor will work out the % of the year that needs to be apportioned to each of you and the new buyer will pay this back to you.
 
Sconeandjam said:
OP why do you not wait until your tenants have gone? The house will be in order and you will not have to worry about tenants being in the way?
Click to expand...
Ideally it would have suited to sell this side of xmas as there is divorce proceedings going on,so house needs to be sold asap, have no choice but to wait until October. So as soon as October is here then house is up for sale. The thread did go off topic with talk about taxes.
 
dodo said:
Tenants given 4 months notice couple of weeks back and are not happy. So they won't allow estate agent to show viewings of the house so pointless putting it up for sale, as is their right .
Just wondering anyone had similar situation and can advise if they has to wait the full notice period.
Also is there anything i need to do in the meantime to avoid any issue on day they due to move out. Eg if they have no place to go etc. I do have empathy them.
Click to expand...
With all due respect, as a buyer there is nothing more depressing than looking at a property the outgoing tenant is still living in.
 
New rules came in from 6th July.

Copies of notices must be sent to RTB on the same day as the notice given to the tenant otherwise the notice is invalid.
This applies to all notices from what I see.

Notice periods for landlords ending a tenancy | 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

If you sent before the 6th you should be under the previous rules.
 
Paul O Mahoney said:
Well we pay preliminary taxes on rent due, 90% of it in fact.

A few years ago a tenant of ours left on of our properties without notice and left the house in a pretty shabby way.

I did our taxes in November and the house was being repainted repaired etc, that cost was over €6000, and the 3 months from October to December there was no rent from the property.

I submitted the tax return along with the preliminary taxes for the current year and a week later actually 2 days before the DD was due to come out of the bank a note was posted on ROS asking why the preliminary taxes were so low and " not in line previous years " I scanned the repairs quote and the email from the tenant, and they accepted my explanation.

This might be an isolated situation but it did happen, that's why I'm surprised people think Revenue don't have an issue or don't look at figures.

I still believe that selling after the property becomes vacant is more equitable for both tenants and landlords.
Click to expand...
Revenue profile returns against expected returns and an exceptions report highlights those were expected returns differ from actuals.

They will then contact whoever made the preliminary payment to question the difference and decide on its merits. This is how all tax returns/preliminary payments for taxes are monitored. Revenue do not have the resources to monitor every return. Although they do engage in some devious actions when undertaking an inspection of a company's tax returns.

Any overpayment of tax via the preliminary payment will be refunded when tax returns are filed.
 
Paul O Mahoney said:
I submitted the tax return along with the preliminary taxes for the current year and a week later actually 2 days before the DD was due to come out of the bank a note was posted on ROS asking why the preliminary taxes were so low and " not in line previous years " I scanned the repairs quote and the email from the tenant, and they accepted my explanation.
Click to expand...
I'm puzzled how someone in Revenue sought to quiz you on your Preliminary Tax declaration.

Under the self assessment system, it's up to the taxpayer to decide on the appropriate Preliminary Tax payment amount based on their reading of their situation, to specify that sum in their declaration and to make their payment on that basis.

Nobody in Revenue has a right to question you on the logic or methodology underlying the amount you have declared.

Unless it's many years ago, you should consider filing a formal complaint with Revenue.
 
Last edited:
You must log in or register to reply here.
Back
Top