Solicitors fees for lease agreement

Hi,

Is it true that it is illegal for a landlord to request that a tenant pay the solicitor’s fees for the lease agreement? I am nearly sure I heard this somewhere, but maybe I’m imagining things :stuck_out_tongue:

Dardoz

Is this commercial or residential?

I’d say the norm is you pay your solicitor and they pay theirs. I don’t’ see why you have to pay their fees incurred up front.

I’d walk if that’s the case. See how they like that.

Its just a residential lease agreement. Its the landlords solicitor. Every time I have renewed the lease to date the landlord always asks me to pay the solicitors fees to him in cash so that he could claim it as a tax relief or something along those lines.

Maybe I just assumed from that that I wasn’t supposed to be paying the fees at all. I really thought I read somewhere that the landlord legally has to pay his own solicitors fees though.

Your Landlord is quite the cheeky fellow,he is getting you to pay for the solicitors fees for a lease and getting you to give him the money so he gets the receipt from the Solicitor in order to write it off against his rental tax.

He has a neck like a jockeys bollix.

If anyone should be paying the Solicitor its him,end of story.

It isn’t illegal per se but he’s committing a fraud on the revenue. Why he needs a solicitor at all for a residential lease renewal is beyond me.* biting the hand etc*

Ok I see now. There is no solicitor. He’s spun you a fast one and you’ve been had. Its money into his pocket and undeclared income.

What you do now is kindly ask him to produce proof of Bill from said or any other solicitor that you might not seek advice from revenue because and lets not forget you as a tenant are responsible for his tax affairs, complacency and more.

Make it work for you.

I’d pay say a score to see the look on his face when you fire that one out :smiley:

Seriously what a fucking chancer.

no, he is actually paying the solicitor with it. I have to sign the lease with his solicitor as a witness, and I even have to drag my parents along to sign the lease. Hes a fussy fecker!

:open_mouth:

Mammy will be there too. :open_mouth:

Seriously dude you need a new landlord this guy is for the birds.

BTW how much is this solicitor making out of this rather odd arrangement?

Dude, you need to scour the place for recording devices, your LL is crazy, I’d put nothing past him :slight_smile:

solicitor charges 200 yoyos. He charged 300 when we first moved in 3 years ago but I managed to get him down to 200 last year.

Any administration costs are the LL’s problem, but there are none. The lease agreement is standard (but always check it anyway) and costs about 50c to photocopy. The lease should be witnessed, but it certainly doesn’t have to be by a solicitor. You’re being shafted.

As a landlord… you are being ridden bare back, all fees of renting are bourne by the LL, I would suggest that your tax return for rent relief has both the LL’s PPS number coupled with the Solicitors PPS number, if not PPS address would suffice.

Send a letter to revenue that you are paying the fee’s and he’s claiming them against tax…

Additionally why is he using a solicitor, the original lease can stay in place, with amendments handwritten and signed by all… well at least that’s the way I do it… and I have never had a problem.

its fine to say that, but is it legally binding that a landlord has to pay the fees. If its not, its not worth a bean.

You’ll never see your money, but what the LL did was wrong. Tell him that your solicitor has requested that you either recieve a receipt or offset it against your rent. And also a receipt for the previous payment. When you don’t get that, write to Revenue. It’ll make you feel better.

I have **never **paid legal fees to a landlord.

Whether it’s strictly illegal for him to request that you do I don’t know. What I do know is that it is illegal for him to claim it against his tax if you are the one paying him. If he specifically wants it in cash, demand a formal receipt for the cash paid.

If he refuses to give it, I’d a) contact Threshold and b) look at your options with either the PRTB or reporting it to the Revenue Commissioners.

Then contact the Evening Herald…

You cannot under tax law claim something from an indivdual and they use the receipt to reduce your tax liability…simples.

What he is doing is illegal

+1

On the balance of probability you are being screwed.

Generally, the landlord would be expected to take responsibility for the letting expenses. If you are paying for the solicitor you should request a receipt for same from the solicitor made out to you.

If the landlord is paying the solicitor, the landlord may claim the legal fees as an expenses against the rental income. By your gifting the landlord the legal fees, he is saving the €700 cost on those and claiming tax relief on these expenses, probably €123 + €82 + €82 over the three years. If the solicitor knows you are paying the legal fees and is providing the receipt to the landlord, the solicitor is also complicit in a fraud for the purposes of evading tax.

Avenues of redress or retribution may be the PRTB, Revenue or the civil courts.

jaw literally dropped at this. Tell this clown where he can stick his solicitor’s fees.

There’s no way the tenant is responsible for the landlord’s legal fees, and there’s no way that €200 worth of solicitor’s time is required to renew an unchanged lease agreement every year.

I’ve sent the landlord a text saying I asked around about his solicitors fees and have been told I’m being ripped off and that there is no legal requirement for a solicitor to be a witness. Haven’t had a reply yet