Notice of Termination of Tenancy - New Templates

M

Michelle_B

Registered User
Messages
14
I just noticed on the RTB site today that they have some new templates up for landlords giving notice of termination.
Some rules changed as of today, July 6th 2022.

"From 6 July 2022 there is a new requirement for the landlord to send a copy of all notices of termination to the RTB on the same day as the notice is served on the tenant. The Notice of Termination will be deemed invalid if this requirement is not met. "

Also, if the tenants want to dispute the notice, they have 90 days to do it now, previously 28 days.

Notices of Termination | Residential Tenancies Board

RTB operates Ireland's National Tenancy Register and resolving disputes between Landlords, tenants and third parties. Governed by residential Tenancies Act 2004. View more information on landlords and tenancies.
www.rtb.ie

Scroll down for links to the termination notices
 
More changes to the rules. How can any landlord keep up with it all?
You might as well say RTB there is the key, you put on who you like and if you are lucky your tenant pays the rent hand up 52% to the tax man. Makes absolutely no sense why anyone would rent out a property.
 
Sconeandjam said:
More changes to the rules. How can any landlord keep up with it all?
You might as well say RTB there is the key, you put on who you like and if you are lucky your tenant pays the rent hand up 52% to the tax man. Makes absolutely no sense why anyone would rent out a property.
Click to expand...
That doesn't make any sense.
If you are a landlord you are obliged to keep up to date with the rules and regulations. If you don't want to do that or can't or it's too much hassle then don't be a landlord. Being a Landlord is a business, not a passive income. If you are looking for a passive income then maybe you haven't made the right choice.

And everyone pays tax in their income, and rent received less allowable expenses is income.
It makes sense to rent out property if you deem the margin to be sufficient to warrant the hassle. Personally I don't think it is but I've a fulltime job and 4 kids so I don't have the time or inclination to run a low margin second business.
 
You've contradicted yourself a little there in the income / business analogy.

If it's a business, then this country allows for attractive tax rates for business. If it's an 'income', and taxed at income tax rates, then it should be largely passive since in this scenario it's your capital doing the work, not you.

In this country it's the worst of both worlds. Your capital at risk, punative and lopsided legislation, constantly shifting regulations with limited regulatory support for one side and castigation by the general public for failures of government policy.

I wouldn't be as hyperbolic as sconeandjam about it - it's still worth it to me having bought a house in 2021 and earning 8% return through HAP, but I empathise with the sentiment. For a significant amount of money, it shouldn't be down to 'luck' whether you make a return on it - and make no mistake - it absolutely is luck with who you really get as tenants.
 
Clueless Clive said:
If it's a business, then this country allows for attractive tax rates for business.
Click to expand...
For (some) companies, yes. Not for sole traders. And if you put your rental income property into a company, you'll face a raft of hits, from double CGT on sale, to a 20% surcharge on income you receive.
Clueless Clive said:
If it's an 'income', and taxed at income tax rates, then it should be largely passive since in this scenario it's your capital doing the work, not you.
Click to expand...
The idea that rental income is passive and can be earned without significant work or planning is for the birds, as the opening post here testifies. It's not at all like sticking your capital into shares or into a deposit account. If you go in unprepared, you're at risk of losing your shirt.
 
Clueless Clive said:
I wouldn't be as hyperbolic as sconeandjam about it - it's still worth it to me having bought a house in 2021 and earning 8% return through HAP, but I empathise with the sentiment. For a significant amount of money, it shouldn't be down to 'luck' whether you make a return on it - and make no mistake - it absolutely is luck with who you really get as tenants.
Click to expand...
Please do not rely too heavily on the HAP rates staying the same. At a stroke of a pen the government can drop HAP payments as well as increase taxes even more. It may not happen in the short while as there is a lack of supply but it can happen at any time.
 
Sconeandjam said:
Please do not rely too heavily on the HAP rates staying the same. At a stroke of a pen the government can drop HAP payments as well as increase taxes even more. It may not happen in the short while as there is a lack of supply but it can happen at any time.
Click to expand...
Given the hostility to the very idea of HAP politically (aka public money subsidising private rents, which ignores the fact that building a social house is also the taxpayer forking out, since most social home builds are now 100% dependent on capital funding from central govt, plus the minimal rent likely to be charged, and the strong odds that the tenant will go into arrears even then) it is probably a political soft target for the future.
 
If you served your tenants their notice to terminate before the 6th July but are only sending the paperwork to RTB today, will there be a problem with the termination?
 
Santos118 said:
If you served your tenants their notice to terminate before the 6th July but are only sending the paperwork to RTB today, will there be a problem with the termination?
Click to expand...
Before the 7th July you submitted a copy of notice after the move out date and not before.
I had sent a notice at the same time in Dec when it was first issued to the tenants. I sent a letter to RTB asking if it affected the notice and the letter I received said it would not affect it.

After you give notice to rtb the same time as your tenants.

As your notice was issued before the new rules you can add a note in with your submission explaining the notice was before the date and if they can confirm it this is accepted as in our case.
 
DannyBoyD said:
What form are you supposed to use if the tenant gives the landlord notice and moves out?
Click to expand...
The one on RTB website the link is broken so on the citizens information site there is a template the tenant can use.
Notice period shown below.

Notice of termination of tenancy

This is an example of a letter you can send to your landlord to inform them that you are ending your tenancy.
www.citizensinformation.ie www.citizensinformation.ie


Duration of a tenancyTenants notice periods
Less than 6 months28-days
6+ months, but less than 1 year35-days
1+ year, but less than 2 years42-days
2+ years but less than 4 years56-days
4+ years but less than 8 years84-days
8+ years112-days
Then when the tenant leaves the Landlord updates RTB.
The landlord must then use the update tenancy form once you have moved out.
https://www.rtb.ie/register-a-tenancy/update-a-tenancy-registration. Can either email, post or log onto RTB site.
 
Last edited:
But do they have to? If tenant tells landlord verbally, place is left clean etc., returns keys and so on, thats pretty much it isnt it?
 
DannyBoyD said:
But do they have to? If tenant tells landlord verbally, place is left clean etc., returns keys and so on, thats pretty much it isnt it?
Click to expand...
Tenancy would be still active on RTB database. If one tenant is replaced with another then the tenancy can continue. Name change must be competed on RTB site.
If all the original tenants are leaving the tenancy ends and a new tenancy starts. More fees For RTB.
 
What i'm saying is that the tenant doesnt have do any forms or letters to the landlord

So what form template is the landlord supposed to give rtb if its the tenant who decides to leave?
 
You must log in or register to reply here.
Back
Top