Rent a room/RTB conflict

ThisisMax said:
Every point I made undermined your argument and now you create a new one. I never said a license does not automatically change into a tenancy just because the rent a room income limit is exceeded - you made that up.

Best of luck.
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ThisisMax said:
If you want to opt out yearly you can with Revenue but remember you then have to issue a lease and RTB reg etc..... (if continuing to rent)
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Just to get back to the question asked.

It seems its still not well defined what constitutes a self contained unit and avoidance of rtb registration i.e. is shared bathroom and locked door sufficient.

I will try get a written answer from the rtb via email and will post their response.

Thanks everyone for your useful input, I really appreciate it
 
ThisisMax said:
Hi
I have been through this. I have a unit attached to main house with its own entrance. Thats what I claim under rent a room (seperate but attached unit) My tenants are not tenants but licencees and they have a licence not a tenancy. RTB were all over the shop on this - they have not got a clue - told me to register, then deregister, then refunded me.... From what you say I see no problem, if they share with you or are in separate but attached its still rent a room. It cant be a stand alone seperate building. How you break up the shared space is up to you - it can be shared kitchen, bathroom, utility etc. Thats written into the licence which you draw up yourself.
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Brilliant Ill share a bathroom and then rarely use it. Whatever meets the legal definition
 
Here's my Betting Slip

1. You don't get any response
2. You finally get a reply after weeks of reminders
3. The response is a copy 'n' paste of whatever is on the RTB website and / or
4. The reply says, its nothing to with us, ask Revenue and /or
5. You get a cock-a-mamie reply that makes no sense to anyone.
 
T McGibney said:
Why would I say it if it wasn't true?
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Some people use hyperbole to make a point. Very frustrating you cant take advantage of such schemes because of poor communication from relevant authorities. Based on what was said above I think locked door/shared bathroom should be enough to jot be defined as self contained and require rtb registration. If ai get a better reply ill update yee guys.
 
Draw up an agreement with the occupier and state clearly what you are sharing and using the bathroom once a year will not satisfy the the RTB if they become involved. Your " occupier " could chance their arm with the RTB and appeal it if at first their case is rejected. Do not give the "tenant" exclusive access to the unit. Put it in writing and each side sign it. Keep a record of your visits for the future.
Choose the person carefully.
A lot of people have become litigious especially when it is more ore less free for them to challenge everything. Having said that the majority of people are honorable.
 
www.rte.ie

Landlord who refused HAP ordered to pay tenant €3k

A landlord who "decided not to accept the HAP scheme" and evicted her tenant into homelessness has been ordered to pay him €3,000 in compensation.
www.rte.ie www.rte.ie

Interesting case relevant to thread. They make reference to the shared kitchen/bathroom in identifying is it a self contained unit so it appears this is the definition in a practical sense. You must share a bathroom, I cant wait to share said bathroom with my licensee yippee!
 
irishfinanceguy said:
www.rte.ie

Landlord who refused HAP ordered to pay tenant €3k

A landlord who "decided not to accept the HAP scheme" and evicted her tenant into homelessness has been ordered to pay him €3,000 in compensation.
www.rte.ie www.rte.ie

Interesting case relevant to thread. They make reference to the shared kitchen/bathroom in identifying is it a self contained unit so it appears this is the definition in a practical sense. You must share a bathroom, I cant wait to share said bathroom with my licensee yippee!
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All I'm seeing is a right mess. And that you can be revenue rent a room, including granny flat with separate entrance, but that doesn't mean you can refuse to house HAP tenants. The owner claiming her husband owned the house and she couldn't comply with HAP means she gets zero sympathy from me.

Legally I don't think that changes anything by the way.
 
Bronte said:
All I'm seeing is a right mess. And that you can be revenue rent a room, including granny flat with separate entrance, but that doesn't mean you can refuse to house HAP tenants. The owner claiming her husband owned the house and she couldn't comply with HAP means she gets zero sympathy from me.

Legally I don't think that changes anything by the way.
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If a landlord can't get a tax clearance cert and is thus ineligible to participate in HAP, are they forced to accept a HAP tenant anyway, if asked?

HAP Scheme - Landlord Terms and Conditions - Housing Assistance Payments

HAP Scheme – Landlord Terms and Conditions The Housing Assistance Payment (HAP) will only be paid to a landlord under these terms and conditions. Ownership of the property the subject of the HAP payment The landlord must provide proof of ownership of the property in one of the documents listed...
www.hap.ie www.hap.ie
 
Bronte said:
All I'm seeing is a right mess. And that you can be revenue rent a room, including granny flat with separate entrance, but that doesn't mean you can refuse to house HAP tenants. The owner claiming her husband owned the house and she couldn't comply with HAP means she gets zero sympathy from me.

Legally I don't think that changes anything by the way.
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I thought if rent a room i.e. a licensee you cant have hap. If she shared a bathroom it wouldve been fine no?
 
Property owners status (as in sharing PPR or not) isn't relevant to tenant claiming HAP.
 
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When I was renting to a HAP tenant I had to supply proof of ownership and tax clearance cert to the Authorities in order to receive payment.
 
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