ubiquitous
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It's a business. It's not a hobby. If your tenants don't return a form to you get down to the house and get it off them. It's YOUR responsibility. YOU'RE the one who'll end up in court. Would you show the same frivilous attitude if they didn't pay the rent?
This is a terrible attitude. If I ran a company with this lack of common sense I'd be out of business within a year. "Arrah shure I sent the bill to my clients but dey never replied, what could I do?".
This is a terrible attitude. If I ran a company with this lack of comman sense I'd be out of business within a year. "Arrah shure I sent the bill to my clients but dey never replied, what could I do?".
It's a business. It's not a hobby. If your tenants don't return a form to you get down to the house and get it off them. It's YOUR responsibility. YOU'RE the one who'll end up in court. Would you show the same frivilous attitude if they didn't pay the rent?
Yes. Protect yourself and your assets. You don't call round with the lease and looking for your deposit 2 months after the tenant has moved in, you do it before you give them the keys.What do you propose the landlord should do, if a tenant refuses to provide their PPS or to sign the form? Kick them out?
?What if it was a case of "Arrah shure I asked the supplier to send me the bill but he never did, what could I do?"?.
Okay, what do you do if, as happened in this particular case, the tenant had moved into the property a number of years before the Residential Tenancies Act, and the PRTB, existed?Yes. Protect yourself and your assets. You don't call round with the lease and looking for your deposit 2 months after the tenant has moved in, you do it before you give them the keys.
Yes...but are you 100% sure that the PRTB will reject an application to register where the landlord cannot obtain the tenant's PPS or where the tenant has no PPS (eg foreign national not in the workforce)? I wonder do the PRTB know themselves?It's pretty clear of what the legalities of non-compliance with the PRTB are.
Having an "Array shure ..." attitude with regard to any aspect of running a business isn't what I would recommend as sound business practice.
Send in the form with a note attached stating tenant refused to give PPSN / privacy (I would imagine the PRTB would contact the tenant driectly over the privacy issue.) / didn't have one, and provide the rest of the tenants details. God knows what the PRTB will reply with and how long it will be but at least you then have a paper trail to show that you have made every attempt possible.Okay, what do you do if, as happened in this particular case, the tenant had moved into the property a number of years before the Residential Tenancies Act, and the PRTB, existed?
Yes...but are you 100% sure that the PRTB will reject an application to register where the landlord cannot obtain the tenant's PPS or where the tenant has no PPS (eg foreign national not in the workforce)? I wonder do the PRTB know themselves?
Send in the form with a note attached stating tenant refused to give PPSN / privacy (I would imagine the PRTB would contact the tenant driectly over the privacy issue.) / didn't have one, and provide the rest of the tenants details. God knows what the PRTB will reply with and how long it will be but at least you then have a paper trail to show that you have made every attempt possible.
But then you HAVE made every effort possible.You are still not registered.
Send in the form with a note attached stating tenant refused to give PPSN / privacy (I would imagine the PRTB would contact the tenant driectly over the privacy issue.) / didn't have one, and provide the rest of the tenants details. God knows what the PRTB will reply with and how long it will be but at least you then have a paper trail to show that you have made every attempt possible.
For what its worth, I can't help thinking that it was a big mistake by Brian Cowen to make interest deduction conditional on PRTB registration. The move sounded reasonable in theory but in practice it seems to be riddled with anomalies and pitfalls for the unwary. Anything that makes tax compliance more complicated or awkward for ordinary taxpayers has no place in any Budget or Finance Act.
But then you HAVE made every effort possible.
Think about it. 2 years down the line Revenue call you up and say you weren't able to claim mortgage interest for 6 months of 2007 because you the tenancy wasn't registered with the PRTB. You tell them you sent the form to the tenant but they never returned it ?! You might as well tell them the dog ate it.
Send the form to the PRTB with tenants contact details if they refuse to divulge their PPSN.
You do know the tenant can do the exact same thing with regard to claiming Rent Relief. They need the lanlords PPSN but if he refuses to give it to them they can just send the form in regardless with a note attached and the landlords contact details.
As Ubiquitous points out compliance isn't about sticking rigidly to unworkable regulations but making every effort possible.
Excellent. Delighted to see this thread growing legs. I don't think the PRTB will be around in 2 years time if/when you get audited on your tax return. A useless organization with no teeth that is basically an obstacle to genuine respectable landlords running their business properly. If I was a landlord with 00's of properties and the revenue tried to pull no PRTB no interest relief on me I would be hiring the best lawyer I could find and take it to the european courts.
Has anyone ever been to the PRTB offices? I picture two old ladies and one PC in a room the size of a closet.
according to the PRTB I am not entitled to register this property in retrospect so therefore cannot deduct the interest.. yikes- this is going to be one expensive lesson!!
Do they employ tax advisors? If so, that's news to me. If not, any tax "advice" from them should be treated with extreme suspicion.
No matter what the PRTB or Revenue tell you, it doesn't ultimately matter because Revenue specifically disclaim responsibility for "advice" given by staff in the event of it being later found incorrect.
No matter what the PRTB or Revenue tell you, it doesn't ultimately matter because Revenue specifically disclaim responsibility for "advice" given by staff in the event of it being later found incorrect.
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