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.

Understanding the Winter Eviction Ban

The Ban commenced 30th October 2022. A landlord can still serve a Notice of Termination during the winter emergency period. It applies to notices with no fault on the tenants’ part  e.g. selling, own use or family member use. It does not apply for notices served for breach e.g. Rent Arrears, anti-social behavior – with the exception of overcrowding. It applies to Tenancies and licensed Student Specific accommodation Notices served in six month probationary period need a termination date of 18th June 2023   Deferred Termination Dates   Deferred termination dates below now replace the originally specified termination dates that fall
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Categories: News.

RTB – Temporary pause on charging late registration fees

17th November 2022 Following many engagements with the RTB to rectify ongoing issues on the RTB System – IPOA are pleased to welcome a temporary pause on charging late registration fees. The RTB will be applying a temporary pause on the charging of late registration fees due to difficulties faced when registering tenancies. This applies for the following tenancies: new tenancy registrations with a tenancy commencement date on or after the 12 November 2022, and for annual registrations of existing tenancies which became due on or after 12 November 2022. Please take note of the below scenarios which may apply
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Categories: News 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.

The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022 has been published

24th October 2022 The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022 has been published and is attached. This Bill introduces: emergency provision to defer the termination dates of certain residential tenancies that fall, or would fall, during the period beginning on the day after the date of the passing of this Bill and ending on 31 March 2023 in order to mitigate the risk that persons whose tenancies would otherwise be terminated during that period would be unable to obtain alternative accommodation; and phased arrangements to enable tenancies affected to be terminated over a period of
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Categories: News.

Be Aware – Very Serious Consequences Of Being Underinsured

October 2022   Dear Property Owner, As a niche Property Owner’s Insurance Broker, and in advance of your upcoming renewal date(s), we are endeavouring to alert you, and all Property Owners / Landlords, to the very serious consequences of being underinsured. As you are no doubt aware, for the first time in a generation we are witnessing high levels of inflation, which as well as the effect to the cost of living also has a direct impact on the adequacy of insurance cover. This is further complicated by the continuing shortage in availability of materials & labour, both of which
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Categories: Landlord Insurance.

What we know so far about Winter Eviction Ban

19th October 2022 The Minister for Housing, Local Government and Heritage received Cabinet approval for legislation which will provide a temporary and conditional stay on tenancy terminations this winter. The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022, will defer no fault tenancy terminations that are due to occur from 1st November 2022 until after 31 March 2023.   The Bill is not as yet available for scrutiny. The Minister for Housing has stated that “where a tenant willfully withholds rent or engages in anti-social or criminal behaviour they will not be protected by this legislation” The legislation will
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Categories: News.