Archives for Landlord Query of the Week

Rent Increase/Review – Emergency Period.

16th June 2020 Question: I served a rent review notice to my tenants at the end of January 2020 to come into effect the end of April 2020. I understand that there can be no rent increases actioned during the emergency period and therefore the increase was not applied. Do I need to re-issue the rent review notice after the emergency period and give another 90 days’ notice?   Response: Rent increases are prohibited during the COVID–19 emergency period. Tenants are still required to pay rent to their landlord during this emergency period. However, Rent Review notices may be served
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Categories: Landlord Query of the Week and Uncategorized.

Building Energy Rating (BER) Certificate Requirement

5th June, 2020 Question: I am a relatively new Landlord; I purchased a property with tenants in Situ 2 years ago, the tenants remain in the property. One of the tenants recently advised me that he was making a complaint as the Building Energy Rating Certificate expired last year and that I could be sanctioned with a fine. Is this the case?   Response: From January 2009, a Building Energy Rating (BER) Certificate is compulsory for all buildings being constructed or offered for sale or rent. The certificate rates your building on a scale of A-G. A-rated homes are the
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Categories: Landlord Legislation, Landlord Query of the Week, and Uncategorized.

Landlord Query Of The Week: RPZ Exemption – 2 Year Vacant – Covid-19?

26th May 2020 Question: There has been no tenancy in my property since January 2017, the property is in a rent pressure zone. I now wish to re-let the property. I understand that as there has been no tenancy for the immediate past 2 years I can set the rent at market rate. Does the emergency legislation now in place have any impact on this?   Response: With regards to the following RPZ Exemption: no tenancy existed in respect of the dwelling during the two years immediately prior to this current tenancy beginning We have referred to the RTB and understand that
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Categories: Landlord Query of the Week and Uncategorized.

Anti-Social Behaviour – What Can I Do During The Covid-19 Emergency Period?

18th May 2020 Question: My tenant is engaging in persistent anti-social behaviour, I have received numerous complaints from the neighbours about continuous noise disturbance and threatening abusive behaviour, I understand this to be on a weekly basis. I have a duty to the neighbours – what can I do during the emergency period, am I allowed to serve a notice of termination? Response: No, no notices of termination can be served during the emergency period; however, tenants must continue to pay rent and observe the other normal terms and conditions of their lease. A landlord owes to each person who
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Categories: Landlord Query of the Week and Uncategorized.

New Tenancy; New Rent – Covid-19

7th May 2020 Question: (a) My Tenants have vacated my property and I am putting the property back up for rent.  The property is outside an RPZ.  Does the emergency legislation prevent me from charging market rent to the new tenant? (b) I have tenants who have left a property, the property is in a Rent Pressure Zone. Can the 4% be applied as per the formula increasing the rent for the new tenants? Response: We have received guidance from the RTB, we understand that any rent set in respect of a new tenancy may, in accordance with the Residential
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Categories: Landlord Query of the Week and Uncategorized.

Will My Termination Date In July Still Stand?

27th April, 2020 Question: I served my tenant with a notice of termination as I need the property for family use, the termination date does not come into effect until the end of July. As the emergency period is due to end before July, is it ok for the termination date to remain the same? Response: No,  the termination date of July does not remain. All notices of termination that are ongoing during the emergency period are essentially paused. This means that the entire emergency period will not be counted as part of the notice period. In your case, as
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Categories: Landlord Query of the Week and Uncategorized.

7 Year Capital Gains Exemption

Question: With regards to the 7 year capital gains relief that was introduced some years ago.  I purchased a property and signed the non-conditional contract by 31st December 2014, and it closed some months later.  What do I count from for the purpose of the exemption, the contract date or the completion/closing date?   I need to know what date I have to sell it by to avail of the capital gains tax exemption. Response: The contract date is the relevant date. You don’t have to wait seven years – as legislation was changed to reduce the time to four
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Categories: Landlord Query of the Week and Uncategorized.