Archives for Landlord Query of the Week

New Landlord – Previously Unregistered Tenancy ?

May 2023 Question I have recently purchased a property that I intend to let out. It has come to my attention that the previous owner did not register a tenancy associated with the property with the RTB. What are my obligations with regards to registration with the RTB? Am I in any way liable for the previous unregistered tenancy? Response To ensure compliance with the law, landlords should ensure that they register a tenancy with the RTB within one month of the tenancy commencing. Where a tenancy existed at a dwelling in the past and that tenancy was not registered
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Categories: Landlord Query of the Week.

Landlord Query – Can you get a BER if there is no MPRN on the home?

17th May 2023 Question 1. Can you get a BER if there is no MPRN on the home? Response 1. Yes, when there is no MPRN for an existing dwelling assessment or a new-final assessment, the BER assessor can submit this form to the BER helpdesk. Just to note, a provisional assessment does not need an MPRN. Question 2. Can you get three separate BERs for three flats with sub meters in the one building, which only has 1 MPRN. Response 2. Yes, dwellings can share an MPRN. The BER assessor records, in the BER assessment, that the MPRN is
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Categories: Landlord Query of the Week and Uncategorized.

Fire Alarm – Battery Operated?

April 2023 Question: Can I use a battery operated Fire Alarms in my rental property? Response: Frighteningly, in as little as 3 minutes a person can die of smoke inhalation. Landlords please be aware of your responsibilities in relation to fire safety and to ensure that your properties are fully compliant with the fire safety standards and regulations applicable to rental properties. Fire alarms should be either mains-wired with a battery back-up or be 10-year self-contained battery operated. With regards to fire safety, landlords must ensure: There is a suitable self-contained fire detection and alarm system in each house. There
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Landlord Query: Deposit Retention – Damage to property

March 2023 Question: I have just conducted a final inspection on my rental property. The tenants have been in situ for three years. My lease agreement specifically states no smoking is permitted in the property. There is significant nicotine damage – burn marks in the sofa and carpet as well as nicotine stains on the wall. Am I within my rights to retain part of the deposit to repair these damages? Response: A property should be left clean and tidy when the tenant leaves, you cannot expect the property to be returned in the exact same condition it was presented
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Categories: Landlord Query of the Week and Uncategorized.

Do I need to give my tenant a rent book?

February 2023 Question? My tenants pay rent directly to my bank account – do I still need to provide them with a Rent Book and/or a receipt for payments? Response: As a Landlord, you are obliged to provide your tenant(s) with a ‘rent book’ at the commencement of a tenancy or another equivalent document providing the same information. A rent book is a document that records details about a tenancy and notes all rent payments that are made. The requirement to provide a rent book is set down in legislation since 1993. The rent book must contain specific particulars relating
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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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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.