Determination order fees .

M

mikeyny

Registered User
Messages
118
I have a valid notice of termination from the RTB and i am in the process of getting it enforced by my solicitor through the District Court.
The property is on the market and the tenant is overholding, Are the costs of the legal action deductible against this years rental income or will this be seen as a cost of selling the property and will be deducted from the Capital Gains Tax due .
There is no way the tenant will pay the costs even when I bring a judgment against him .
 
mikeyny said:
I have a valid notice of termination from the RTB and i am in the process of getting it enforced by my solicitor through the District Court.
The property is on the market and the tenant is overholding, Are the costs of the legal action deductible against this years rental income or will this be seen as a cost of selling the property and will be deducted from the Capital Gains Tax due .
There is no way the tenant will pay the costs even when I bring a judgment against him .
Click to expand...
@mikeyny

Hello how did this work out?
 
The court date is next month , I’m waiting to see what the tenant will do . Hopefuplay the tenants misguided understanding of his rights and obligations will be clarified by the court.
I still don’t know if the fees to the lawyer will be set off against this years income or be applied as an allowable expense of the sale .
 
At a guess, I'd say they're allowable against rental income. After all, legal fees incurred in drawing up a rental agreement are allowable, so it would be reasonable for further fees arising out of a breach of that agreement to be treated similarly.

But, it's Revenue, the rules (not to mention Revenue's interpretation) are not guaranteed to be consistent.
 
The Court has made an Order for possession of the property.
Possession must be delivered within 21 days from today.
Next the Order will be sent to the Court Office for signing.
In addition a warrant will be sent to the Court Office, which the Courts will then enforce in the event of the tenant not giving up possession during the period.
He can always try to apply for a stay on the Order, but it’d probably be an uphill struggle for him. So, we are very nearly there now I would think. He has run out of road.

Some timeline information
Sept 2019. Notice of termination
May 2020 notice expires
Covid delays
Jan 2021 apply for Adjudication
Apr 2021 virtual hearing
May 2021 Determination issued
More delays
Sept 2021 apply to District court
Feb 2022 Court order
 
You must log in or register to reply here.
Back
Top