Problem with unregistered landlord

[ubiquitous]

Re: Problem with unregistered landlord. Need advice

The only party in trouble here in the unregistered landlord.

Indeed, but the tenant may wish to consider the effect if any, of s1078 TCA 1997:

http://www.irishstatutebook.ie/1997/en/act/pub/0039/sec1078.html#zza39y1997s1078

(2) A person shall, without prejudice to any other penalty to which the person may be liable, be guilty of an offence under this section if the person—


( a ) knowingly or wilfully delivers any incorrect return, statement or accounts or knowingly or wilfully furnishes any incorrect information in connection with any tax,


( b ) knowingly aids, abets, assists, incites or induces another person to make or deliver knowingly or wilfully any incorrect return, statement or accounts in connection with any tax,

....

(3) A person convicted of an offence under this section shall be liable—


( a ) on summary conviction to a fine of £1,000 which may be mitigated to not less than one fourth part of such fine or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or


( b ) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

 

[rabbits]

Re: Problem with unregistered landlord. Need advice

As a tenant, you are entitled not to apply for rent relief and then apply for a number of back years in one go.

 

[S.L.F]

Re: Problem with unregistered landlord. Need advice

knowingly aids, abets, assists, incites or induces another person to make or deliver knowingly or wilfully any incorrect return, statement or accounts in connection with any tax,

I'm not an accountant nor a lawyer but what I take from this is that the person who helps a tax defrauder with returns or statement would be in trouble I don't see how the tenant would be in trouble for taking money from the landlord she would only have to pay tax on it...nothing more.

The landlord would be in far more trouble from the PRTB and revenue

At the most the tenant would have to pay a fine.

 

[Bronte]

Re: Problem with unregistered landlord. Need advice

The money the landlord gave back could be seen as a reduction in rent, can't see how revenue are going to prosecute the tenant who probably has no assets etc. And we'd be talking about a pittance amount. Revenue are far more interested in undeclared landlords. That's the person who's in real trouble. What I don't get about this story is the fact the landlord moved in - particularly as he is male and the tenant's are female, am I missing something.

 

[anjest]

Re: Problem with unregistered landlord. Need advice

The revenue would have to prove that she knew without doubt that he was avoiding tax, and unless she has access to all his financial records she cant. She has no need to worry, he is the one up to his neck. Does not sound as though he is a particularly pleasant individual anyway so hit him with the revenu.
As to rent relief whether she applies or not is up to her, and ae we talking here about rent relief or tax crdits for rent.

 

[Raul]

Re: Problem with unregistered landlord. Need advice

I didn't realise this thread was still going My girlfriend's ex housemate ended up reporting him anyway. My girlfriend now has a better house with cheaper rent so it worked out for her. I've answered some pretty old questions below about my opening post.

How does the OP's girlfriend know that the landlord is evading tax?
Even if she did know for certain, so what? Is she under any obligation to inform the revenue?

Because he told her straight out when she asked about claiming rent relief.

What I don't get about this story is the fact the landlord moved in - particularly as he is male and the tenant's are female, am I missing something.

He needed somewhere to live after travelling. He was away for 2-3 years I think. His relative was collecting rent on his behalf. He knew for several months that he would be forcing one of them to move out but never informed them. I can see why he didn't in case he lost money because of it but it does show what type of person they were dealing with.

 

[ajapale]

Moved from Management Companies etc
to Property Investment which is where Landlord/Tenant issues are discussed.

Have you looked at Threshold National Housing Organisation in Ireland ?
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