Archive for July, 2009

NEW €200 TAX ON INVESTMENT PROPERTY

Thursday, July 30th, 2009

NEW €200 TAX ON INVESTMENT PROPERTY

The Local Government Act 2009 has introduced a €200 annual charge for owners on non-principal private residences.

The charge applies mainly to owners of private rental property and holiday homes.  It also applies to vacant residential property unless newly built but unsold.  Liability to pay the charge is assessed by the owners themselves.  Ownership of a non-principal private residence on the ‘liability date’ (31st July 2009) determines liability to pay the €200 charge.

Payment is due by 30th September 2009.  A €20 per month late payment fee will apply from 1st November in respect of each month for which payment is overdue.

Payment can be made on-line at www.nppr.ie or at the offices of any county or city council.  Further information about the €200 charge is available at www.nppr.ie.

The problem with unfinished developments and liquidated developers

Tuesday, July 28th, 2009

Beware completing your off plan purchase without completing your research on the property developer. There is a very large problem raising it’s head in some unfinished developments across Dublin - move in at your peril because once you are there you may not be able to move out again. Such is the case for a number of residents who bought in a development on the south side of the city constructed by a recently liquidated developer. With insufficient funds available to provide for an appropriate level of management of the block, unruly tenants have been left running riot giving rise to a serious deterioration in the quality of life for the majority of the occupants. Some of the residents have decided to cut their losses and sell up. Reasonably encouraged by their local estate agents valuation they were all set to fork out the required €600 (non refundable) payment for marketing of the property when we queried whether the agent had considered the possible implications of the ongoing financial lock down on the development. Despite the obvious problem this causes in terms of frightening off any potential buyers feeling nervous about the unfinished state of the site, which can in most cases be overcome by some keen pricing – the real spanner in the works will be when a purchasers solicitor raises the pre contract management company requisitions. These queries, albeit standard enough will undoubtedly be returned somewhat lacking in certainty about critical matters such as the provision of a sinking fund. Our advice is – if you are a buyer steer well clear, there are better bargains to be had out there. If you are a seller, sit tight, hound the managing agent, the liquidator or if needs be the bank behind the developer. In the meantime you might just recover some of your value (how long is a piece oif string you might ask…)

BOI Global Markets Irish Property Review, June 2009

Saturday, July 18th, 2009

A quarterly analysis of trends in the Irish property market

Affordability improves but lending flat
• Prices still falling; 10% decline forecast in 2009
• Lower rates and prices boosting affordability
• No sign yet of cyclical bottom

Read the full report

Merrion Irish Housebuilder Survey – Spring 2009

Friday, July 17th, 2009

On 21st May 2009, Merrion Stockbrokers published their survey of Irish housebuilders.  This is essential reading for anyone with an interest in the Irish property market and we include the report, in PDF format, here for your benefit.

If you have any questions arising from this report, please contact Home Brokers and we will be happy to help.

Repossessed Property – Tenants Rights

Monday, July 13th, 2009

Concerned over the increasing number of banks seeking repossession orders on private residential property, the PRTB (Private Residential Tenancies Board) recently confirmed to the Irish Banking Federation the rights of tenants under the Residential Tenancies Act 2004. 

Once a tenant has lived in a property in excess of 6 months they enjoy security of tenure under which they are entitled to remain in the property for up to four years (Section 28 RTA 2004). There are limited grounds for termination by landlords which is set out in Section 34 of the Act. These grounds include:

  • the tenant not complying with the obligations of the tenancy
  • the dwelling is no longer suitable to the occupants accomondation needs (i.e. overcrowding)
  • the landlord intends to sell the property in the next 3 months
  • the landlord requires the dwelling for own or family member occupation
  • the landlord intends to refurbish the dwelling
  • the landlords intends to change the business use of the dwelling

Otherwise the tenant must be given a minimum notice as outlined in Section 66 of the Act. This notice increases with the duration of the tenancy from 28 days where the residency is less than six months up to 112 days for a residency of four or more years.

According to the PRTB – a repossession does not override the legal protections afforded tenants under the RTA.

As banks continue to assess value (shuddering at the balance sheet damage) it is most likely these  properties will continue to be tenanted until who knows when (2030 was the date  recently reported by some optimistic economist for a return to 2006 house price levels…)

Paying for Financial Advice

Monday, July 13th, 2009

This extract from the The Times (June 26, 2009) caught our eye.

Thousands of financial advisers will have to overhaul their businesses or face extinction after the chief City regulator sounded the death-knell for all commission-based advice.

The proposals will result in dramatic changes for advisers and product providers as the Financial Services Authority (FSA) attempts to repair the damage caused to the industry by successive episodes of commission-driven mis-selling. In its consultation paper on the Retail Distribution Review (RDR), published yesterday, the FSA said it would introduce much greater transparency into the sale of all investment products.

Advisers will have to get to grips with a huge shake-up of their business model, where about 80 per cent of payments are through commission, and prepare for a switch to fee-based advice.

The FSA intends to demolish a payment structure where providers such as unit trust groups and insurers include commission in many of their products as an incentive for advisers to recommend them. There would be a ban on financial groups offering commission to secure adviser recommendations. At the same time, advisers would not be allowed to champion products that automatically pay commission.
An FSA spokesman said: “Our aim is to ensure that inbuilt commission is basically removed from financial products so that customers can clearly see that there is one charge for the product and another, separate charge for any financial advice.”

He added: “Payment to an adviser from an investment product will not be totally eliminated, but it will have to be agreed by the customer in advance and will very clearly come out of the customer’s investment.”

The current lack of transparency has left some consumers with the impression that commission-based advice is free.

There will be a clear distinction between independent advisers and what the RDR terms “restricted” advisers. Independent operators will be those who are free of any bias and who can recommend products from across the whole market. All others will be in the restricted category, which is likely to include staff selling products in bank branches.

All advisers, whether independent or not, will have to reach a minimum qualification, which will be equivalent to the first-year level at university. There will also be a professional body for advisers.

The clear winners from the RDR are fee-based advisers, who are already offering transparency with their charges. Andrew Fisher, chief executive of Towry Law, a wholly fee-based adviser, said: “This spells the end of commission-based advice — something we have been campaigning for for a long time. It’s a great step forward for consumers.”

There was a broad, if somewhat lukewarm, welcome for the proposals in the investment industry, though some financial groups expressed concern about whether less well-off consumers would be prepared to pay for fee-based advice.

Fiona Fry, regulatory partner at KPMG, the accountants, said it was vital the FSA made a success of “guided” sales, the low-cost alternative to independent advice.

Are you paying for financial advice? No – well you should be. Financial advisors have in the main been commission earners. The industry is now expecting the demise of commission in the not too distant future.  The good news? Your advisor, if being remunerated directly by you should be completely impartial about which financial institutions product they recommend. How much to pay? You’ll have to figure that our for yourselves but shop around and get recommendations before you decide. We like the idea of an advisors fee being recoverable by the financial saving and or investment growth they acheive for you…

The most up to date online resource for Irish Landlords

Friday, July 10th, 2009

If you are a landlord you should checkout www.irishlandlord.com. Subscribe to the newsletter for timely and relevant news about owning and renting property in Ireland.

Mortgage Arrears and Repossessions

Friday, July 10th, 2009

A code of conduct on Mortgage Arrears has been introduced which sets out specific requirements of mortgage lenders for the administration of domestic mortgage accounts in arrears. The good news is that a standardised approach will ensure mortgage borrowers are treated fairly and consistently. The code also provides for a six month respite from the date of the first arrears before legal action for repossession can commence. Our advice is if you are in arrears don’t stick your head in the sand. Contact your lender and arrange to meet with them to discuss your situation.

Lost Deposits

Thursday, July 9th, 2009

The Irish Daily Mail recently reported on the unfortunate circumstances surrounding a newly married First Time Buyer who had lost €20,000 deposit as a result of Laragan Developments being declared insolvent. The developments most seriously impacted are Milners Square in Santry, D9 and Carrickmines Manor, D18. The unreported flip side to the story is those purchasers who a breathing a huge sigh of relief that their liability to the development is limited to just the loss of deposit. With values in each development haven fallen so dramatically in the last 18 months many purchasers were facing massive funding gaps, negative equity or a long and painful court case. Purchasers in some other dublin developments have been less fortunate, with court proceedings being instigated following the failure to close the sale, leaving the developer and their bank left hugh and dry. They say every cloud has a silver lining and if faced with negative equity for the next 10 years or the loss of €20k I know which one I would choose…

No Change to Bank of England Base Rate

Thursday, July 9th, 2009

There was no change to the Bank of England base rate which was held at 0.5%. Great news for Irish investors with sterling mortgages, an average mortgage of £90,000 on Interest Only will now be costing as little as £120 p/month :)