Archives for Uncategorized

House Share – Can I Move A Tenant In – Covid-19 ?

21st April, 2020 Question: My let property is a house share situation, one of my tenants has moved out without notice, can I move another unknown tenant in? Response: We understand that such letting activity should not occur during the COVID-19 emergency period as it has not been deemed essential by Government. The temporary restriction on the movement of people aims to halt the spread of the disease.   Contact IPOA For Information On Emergency Legislation In Place During Covid-19 01-8276000 / info@ipoa.ie
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Categories: 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.

I Do Not Want A Further Part 4 Arising, Yet I am Prohibited From Terminating – Covid-19 ?

8th April, 2020 Question: I am a landlord, I intend to end a tenancy on the basis that the part 4 is coming to an end. Whilst I understand and appreciate that terminations are banned during the emergency period of Covid-19, I am unsure what to do, I do not want further part 4 arising?   Response: We understand whilst a Notice of Termination cannot be served by a Landlord during the emergency period, the passage of time during the COVID-19 emergency period pauses the tenancy and the tenancy picks up again after the emergency period ends. For example: If
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Categories: Landlord Query of the Week and Uncategorized.

Do Tenants Have To Pay Rent During Covid-19 ?

3rd April, 2020 Question: My tenants think that they do not have to pay any rent for the duration of the Covid-19 emergency, they believe that there is a freeze on payments of rent in place. Surely this is incorrect? They are still in employment.    Response: Your tenants are incorrect in their understanding. Tenants are still required to pay rent to their landlord during this emergency period. Tenants are encouraged to engage with their landlords and the Department of Employment and Social Protection immediately if they have difficulty paying their rent. Income supports and Rent Supplement are available for
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Categories: Landlord Query of the Week and Uncategorized.

Emergency Legislation Introduced

New Emergency Legislation, Who Does This New Legislation Apply To? The emergency legislation applies to all tenancies governed by the Residential Tenancies Acts, including licences granted to students. Main features for Landlords are: A ban on residential rent increases during the COVID-19 crisis. No rent increase of any nature will take effect during the emergency period. This includes increases already notified and due to take effect during the emergency period. Rent increases may also not be applied retrospectively to the emergency period. A ban on terminating residential tenancies during the COVID-19 crisis. Landlords  cannot terminate tenancies for any reason during
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Categories: News and Uncategorized.

Covid-19 & Property Owners – What Is Happening Across the Waters?

Ireland The Irish Government has introduced new Emergency Legislation (Covid-19) which bans residential rent increases and prevents landlords from terminating residential tenancies during the COVID-19 crisis. The 5 main retail banks in Ireland have adopted flexibilty – such as 3 month mortgage breaks – which will be offered to those with buy-to-let mortgages whose tenants have been impacted by the virus. UK The Uk Government has put in place measures to assist property owners who have been affected by the coronavirus outbreak. The necessary legislation for England, Wales and Northern Ireland is included in the Coronavirus Act. These measures do
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Categories: News and Uncategorized.

Property For Own Use – Can We Terminate For This Reason During Covid-19?

26th March 2020 Question My son and his family require my rental property for their own use, we have been planning towards this for some time – can we issue a termination notice for this reason now? Our tenants have been great and this is not related to rent arrears or difficulty in keeping the rent up?   Response We understand you are not permitted to serve notice on these grounds or any grounds during the Covid-19 emergency. The fact that this is not related to rent arrears has no bearing on the situation. The Government announced measures on Thursday
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Categories: Landlord Query of the Week and Uncategorized.