I'm not an expert.*I'm aware licencees can request to become tenants after 6 months, though I don't see how that works in practical terms as they can't demand property owner gives up their room
How can a tenancy be in place for 6 months if they're not a tenant to begin with?
That would have to be a question for the RTB.How can a tenancy be in place for 6 months if they're not a tenant to begin with?
□ Exemption 1 | ||
An exemption under section 19 (5)(a) of the Residential Tenancies Act 2004 applies to this first rent setting under the tenancy of the dwelling concerned because: | ||
□ no tenancy existed in respect of the dwelling concerned during the 2 years immediately prior to this current tenancy commencing; |
Yes, unlike the RTB wording which conflates two scenarios.That makes far more sense!
IANAL but I don’t see an obstacle here.Is the following possible
1.licensee arrangement for two years*, property owner has access / use of room
2.Property is not registered with RTB** for two years
3. At the end of two years, licencees leave & property is rented out at market rent as property has not had a registered RTB tenancy for two years.
Extract from the relevant RTB form:
"a. Exemption 1 – No Tenancy in the Previous Two Years
No tenancy of the dwelling subject to tenancy existed during the 2 years
immediately preceding the date on which the current tenancy commenced."
So, if you have licensees for two years, there's no tenancy?
I think the tax position is different however if you have licensees.
You are more limited in what you can claim.
IANATE - but I think mortgage interest would be excluded.
@bipped I'm thinking along the same lines, however @T McGibney disagrees (they post their reasoning in another thread linked above).
I'm excluding rent a room here - different scenario.
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