Renting out my home but I return once a month - is this a house share

N

nbc

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Hi
I work abroad. I return once a month for 4 days.
I have someone who’s happy to rent the house from me 30% below market rate and they leave for the 4 days I’m home. It’s for 9 months only as I will be returning.
Is it legal to call this a house share and so not register with RTB and ‘housemate’ doesn’t have the rights afforded under a normal house rental ? My concern is getting my property back and this will be easier I feel under these circumstances.
Cheers
NBC
 
Is this your PPR where your friends & family would normally expect to find you?

(Leaving to one side for now your temporary overseas work assignment)
 
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For a house share.I would suggest you designate one room as your own and not rent it out otherwise it could be argued that you are renting the entire house to your mate.
 
If your abroad contract is 9 months, then you've not actually moved abroad. But if you're trying to avoid being a proper landlord, to bypass the RTB and avoid tenancy rules, only you know.

Very odd a tenant moving out 4 days a month, he doesn't actually move out, he just stays away. You should have done rent a room.
 
Harvard said:
For a house share.I would suggest you designate one room as your own and not rent it out otherwise it could be argued that you are renting the entire house to your mate.
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I have- I’m leaving my stuff there. I’ve told them if they have friends or family staying they have permission to use it
 
Bronte said:
If your abroad contract is 9 months, then you've not actually moved abroad. But if you're trying to avoid being a proper landlord, to bypass the RTB and avoid tenancy rules, only you know.

Very odd a tenant moving out 4 days a month, he doesn't actually move out, he just stays away. You should have done rent a room.
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Thanks Bronte- poor response on rent a room/ massive on ‘house to rent’ and price higher. I’ve no problem paying tax. I just want it as rent a room to avoid issues getting them out and as a layman I think this sounds very like a house share but an atypical one and one that’s very beneficial to the renter as place to themselves
 
There are two separate issues.

Tax treatment and whether the occupant of the house is a tenant or a licensee.

It seems to me like the occupant is a licensee but rent-a-room relief cannot be claimed.

So no RTB registration needed but tax payable in the rent.
 
Dr Strangelove said:
There are two separate issues.

Tax treatment and whether the occupant of the house is a tenant or a licensee.

It seems to me like the occupant is a licensee but rent-a-room relief cannot be claimed.

So no RTB registration needed but tax payable in the rent.
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That’s what I guessed- so any need to sign a ‘contract’? Ok to ask for a deposit?
 
Be aware that

"The law gives a licensee the right to request the landlord to allow him / her to become a tenant provided:
  • He/ she is in lawful occupation of the dwelling.
  • A tenancy is in place for at least six months."
UPDATE: I've posted on another thread on this - it would appear this applies to a licensee of a tenant & not the property owner.

IANAL

Can you explain a bit more in regards to your PPR being in London; did you live in the property in Ireland before moving to London?

when you return to Ireland, will the property become your PPR?

Also if you dont register with RTB, you can't set the mortgage interest against tax payable.
 
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DannyBoyD said:
Then you can't claim rent-a-room on the property in Ireland; you'll need to declare the income to Revenue and register the tenancy with RTB.
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On what basis is there an obligation to register with RTB, for what clearly is a licence agreement?
 
Maybe look back through opinions on your previous post on this 3 years ago:

Renting house below market rate/ staying one weekend a month? Register RTB

Hi This is an unusual one I have a 2 bedroom house in dublin I’m London based currently I’ve previously rented the property at market rate I wanted to see if there was a market for renting it out at 30 %below market rate but where the tenants would vacate one long weekend a month for me to come...
www.askaboutmoney.com
 
DannyBoyD said:
From revenue.ie

"Mortgage interest
You may be allowed claim Mortgage Interest Relief against your rental income. The interest must be from a mortgage that is used to purchase, improve or repair your rental property.

You can claim Mortgage Interest Relief if you are registered with the Residential Tenancies Board (RTB):"
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LOL. What happens if you receive rental income from a cowshed or any other mortgaged asset, the rental of which doesn't come under the jurisdiction of the RTB?
 
T McGibney said:
LOL. What happens if you receive rental income from a cowshed or any other mortgaged asset, the rental of which doesn't come under the jurisdiction of the RTB?
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if you are renting your cowshed as a residence for people, then I suspect you have bigger issues to be concerned with.
 
T McGibney said:
If you are giving misleading guidance on a public forum, users have a right to be cautioned of that.
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Are you suggesting that Revenue have published incorrect information in regards to rented residential properties & mortgage interest relief?
 
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