Archives for Landlord Query of the Week

Tenants Overholding – Are They Protected By The Winter Eviction Ban?

29/11/2022 Question: I served a notice of termination in December 2021 on the grounds of personal use, I returned from abroad in the Summer of 2022 and require my property for my own dwelling. The vacation date was the 1/7/2022 , the tenant did not leave and a case was taken with the RTB . The notice was found to be valid by the RTB  and a determination order  was made on 25th October 2022  for the tenanat to vacate the property within 14 days. Is this Tenant protected by the winter eviction ban?   Response: Based on the information
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Categories: Landlord Query of the Week and Uncategorized.

RTB Registration Fees – Allowable Expense ?

15 November 2022 Question: Is the RTB registration fee allowable against rental income? Response: Yes, the RTB registration is allowable against rental income. There are a lot of expenses that you can claim in order to reduce your tax liability. Tax can be confusing, and many Landlords are unsure of their obligations and entitlements, meaning you often don’t claim back what you are entitled to and miss out on potential savings. Other Allowable expenses may include: Insurance premiums against fire and public liability. Maintenance of your property such as cleaning, painting and decorating. You can deduct these costs as well
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Categories: Landlord Query of the Week and Uncategorized.

Rent Review – Can I give More Than 90 Days Notice?

29th September 2022 Question: We have tenants in our rental in Dublin since June 2021, we are serving a rent review notice now with the revised rent starting from February 1st 2023.  Can we give 4 months notice instead of 90 days? Response: In order for a rent review to be valid, landlords must give tenants at least 90 days’ notice. This means that the new rent cannot then apply until 90 days after the notice has been issued.  Therefore, you are permitted to give over the 90 days notice should you wish. Please ensure you use the prescribed Rent Review
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Categories: Landlord Query of the Week and Uncategorized.

Ending A Tenancy – First 6 Months

01/09/2022   Question: I am in the process of serving notice on my tenants, they are in occupation 5 months, still within their first 6 months – probationary period. I have spoken informally to the tenants and they have asked that I give them 120 days notice as they should have a property lined up for then? Can I do this? Response: The legal requirement for termination of a tenancy during the probationary period – in the first six months of the tenancy, changed from 28 days to 90 days. However, you should note that the legislation does not allow
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Categories: Landlord Query of the Week and Uncategorized.

Overholding & RTB Registration?

July 2022 Question My tenant is overholding,  a determination order is in place confirming that the notice of termination is valid. We are in a situation now where we may need to apply for enforcement proceedings. The RTB registration for the property is just out – Is there a requirement for us to complete a new annual registration in this case? Response We have received confirmation from the RTB registrations team that in the case of overholding such as this, there is no need to do an annual registration.   IPOA SUPPORTING LANDLORDS CONTACT 01-8276000
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Categories: Landlord Query of the Week and Uncategorized.

Rent Review – Timing ?

July 2022 Question: I have a tenancy in a Rent Pressure Zone where the rent was last reviewed as follows; Review Notice Sent: 05/July/21 New Rent Received: 08/Oct/21 I understand the RPZ calculation procedure and rent review process, however – do I issue the new rent review notice in July 22 to take effect Oct 22? Or do I need to wait until Oct 22 to issue a notice to take effect Jan 23?   Response: After a rent review or tenancy commencement, the landlord is entitled to review the rent every 12 months. You have to wait 12 months
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Categories: Landlord Query of the Week and Uncategorized.

Tenant’s Belongings left in Property – What do I do?

June 2022 Question? My tenant has left my property but has left belongings behind, mainly clothing items and a few bits of modest value. What do I do with the belongings?   Response In the first instance we suggest that you try make contact or speak to the tenant, especially if any valuable/sentimental items have been left. Next, check your tenancy agreement. Some tenancy agreements outline what will happen to goods at the end of the tenancy if they are not taken away by the tenant. If there is nothing in the lease agreement, then you should give the tenants
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Categories: Landlord Query of the Week and Uncategorized.