Company Let & PTRB

H

huf

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I've e-mailed this query to the PTRB but thought I'd ask the knowledgeable folk here while I await a reply.

I've started to lease a house to a company who uses it to provide accomodation to some of it's employees. The financial director of the company signed the lease but will never occupy it himself. The employees who occupy the house vary from time to time. The company does not sublet the property to it's employees.

I'm unsure if this needs to be registered with the PTRB. I tried to fill in the online form giving my details and company's details and I'd say I can get through it all but it just feels a bit weird as it seems to be set up to deal with "real people" as tenants rather than a company.

I could not find anything on the PTRB site that covers this.

Anyone provide any clarity on this?

Cheers
 
the employees at PRTB will say ,yes, definitely.
And the annoying thing is the Revenue will insist on you having a BER cert if you wish to claim interst relief.

But some posters have quoted the relevent Act and a certain case that confirms your suspicion that, No, you need not register with PRTB .

i wrote to PRTB quoting the Act and the case and asked for written confirmation .
Guess what -no reply.

someone will doubtless postd etails of the revelevent case law on this thread.
 
oldnick said:
And the annoying thing is the Revenue will insist on you having a BER cert if you wish to claim interst relief.
Click to expand...

I stand to be corrected Nick but are you sure the BER cert is necessary for claiming interest relief?
 
Knuttell said:
I stand to be corrected Nick but are you sure the BER cert is necessary for claiming interest relief?
Click to expand...

No its not. I'm sure he meant the PRTB cert, given that the discussion was about the PRTB, and not about the BER system.
 
Well the PRTB got back to me. Gee that was quick...

My question:
as above + "Have you any advice on how I should register this?"

This is the response:
"The person entitled to the rent is the landlord so this is yourself and you should put the company name down as the tenant."

Simple really. Don't know why I couldn't figure that out.
 
The type of answer I'd expect from PRTB -probably a makey-up reply because you are right -there is nothing on PRTB or anywhere else I can find on this.

I made a similar query a couple of years for a language school who wanted rooms for mature students to stay for anything from a week or longer -but not more than 90 days. I never went ahead with it, but the advice from PRTB was interesting ...

"that's like holiday lets and isn't covered by PRTB."

(p.s. Yes, T.McGibney is right - I meant P.R.T.B. - not B.E.R. )
 
I probably shouldn't be sticking my oar in here since this isn't my area at all, but surely it's the lease that's relevant for PRTB purposes, rather than anything else.

If you let your house to me as an individual, and I have the freedom to have an employee / servant of mine occupy the premises (under licence), that doesn't fall outside of the scope of the Act, from my reading of the legislative guidance on the PRTB - the lessee is the tenant, notwithstanding that they don't perzsonally occupy the premises.

So if you are letting a residential premises on a lease to a company, on the same terms as you would to an individual, then what's the issue? The company is the tenant (as above) and just because they have the right (under the lease) to allow anyone they choose (under licence) into the premises, how does that change anything... The actual individuals in the house have no rights / obligations under the legislation, as they have no contractual relationship with the landlord. The PRTB are only concerned with the relationship between the landlord and the tenant (the company / employer in this case).

I stand to be corrected if I've missed something here, maybe I'm seeing things too simply?
 
I don't have an issue at all with that. I just wish the web form was set up to make it as easy to enter a company's details as it is for a private individual.

How hard is it to have fields for company name, cro or vat number etc
 
huf said:
I don't have an issue at all with that. I just wish the web form was set up to make it as easy to enter a company's details as it is for a private individual.

How hard is it to have fields for company name, cro or vat number etc
Click to expand...

Can't you do the form on paper instead of the web to get around this issue.
 
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