Landlord wondering whether to sell or rent it out below market value

How can an obligation exist under Residential Tenancies legislation if there is no tenancy?

If I go to stay in an Airbnb in someone's home, I stay there under licence. If a relative comes to live with me in my home for a few months, they stay with me under licence.

Any suggestion that in either scenario there are any attaching obligations under Residential Tenancies legislation is of course a nonsense.
 
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How can an obligation exist under Residential Tenancies legislation if there is no tenancy?

If I go to stay in an Airbnb in someone's home, I stay there under licence. If a relative comes to live with me in my home for a few months, they stay with me under licence.

Any suggestion that in either scenario there are any attaching obligations under Residential Tenancies legislation is of course a nonsense
100% agree.

The proposition from @Leo is that the property owner can let out the two bedrooms (in the case of the OP) to individuals, call them licensees and therefore not have to register with RTB.

I do not agree with this proposition for the reasons already given.
 
I have made no comment in what has become a tedious back-and-forth, and for good reason.

If someone wants to go that road, they should first obtain quality legal advice and tailor their actions to that advice.
 
Someone suggested adding a separate "waste/grounds maintenance...." charge to the rent but I don't see that as standing up - it is just circumventing rpz rules
This is correct. A tenant could take a case and would almost certainly win on these grounds.
We would consider refurbishment, but the rpz criteria seem difficult to achieve in our case as it's a small apartment
Yes. The problem with retrofitting for apartments is that you need agreement from the management company/OMC for many potential upgrades, so there is a strong possibility it might not meet the 7 step improvement necessary for a full reset of the rent to market levels.
We could consider holding it vacant for a few months to await outcome of govt rpz review due in q3/2025, in the hope of being able to reset rents to market value. Is this utterly daft?!
No, but its speculation, and given the current political climate highly unlikely that you'd simply be free to reset the rent to whatever you liked.
is it a good time to sell? Aware it will only attract owner occupiers due to rent cap
A lot of owner occupiers would be delighted with a nice 1990s apartment. You won't get any less interest than a B2B sale, in fact the B2B sales route might push a hard bargain on all of the above grounds. Owner occupiers won't be concerned about rent caps either.

Unfortunately for you, even if you were free to set the rent at whatever the market could bear, with only 1 bathroom in a 2 room in a 90s build, even a nice one, couldn't see you making the mortgage after tax and deductions on a mortgage of 2k a month. So it might make more sense to cut your losses on this one.
I wouldn't try it on with AirBnB either, you'll get the backs up of the management company/OMC & risk issues once full enforcement starts for the new system. Just sell it, you might be pleasantly surprised at the value people will pay for a nice apartment in that area.
 
once full enforcement starts for the new system.
Call me cynical but at the speed our systems move at this wouldn't concern me.

70 nights over the summer months on AirBnB could comfortably earn 21k.

Do that for Summer 25 & Summer 26 & you've covered yourself, and met the two year void so you can get back to market rate.

Screen your guests & meet them on arrival & I'd expect few problems.

I'm a fan of holding property in good locations and rental income at present is a pretty decent return.
 
..I was in a similar situation to the OP very recently and for precisely ALL the issues gone back and forth above I decided to sell.

I simply can't keep up with the never ending rules and regs, possibility of rent freezes, inability to bring rent back to market (it was 50% below) despite tenants leaving of their own accord and now the periodic inspections for ALL properties - private rentals or not. Not to mention the pure vitriol landlords are exposed to on all fronts (politicians, media, social media, etc. etc.)

In all my years as a landlord there was not ONE single issue I could not resolve - whether it was with a tenant themselves or some sort of awful break/fix (like a sewer flood!). I find it ironic that the very agency set up to facilitate landlord tenant issues - and one would presume, to encourage landlords, - has, by virtue of the endless red tape and legal threat structure, actively encouraged me to LEAVE the market!

I'll be investing the proceeds elsewhere/other instruments. Being a landlord in Ireland is not for me any more...
 
I find it ironic that the very agency set up to facilitate landlord tenant issues - and one would presume, to encourage landlords, - has, by virtue of the endless red tape and legal threat structure, actively encouraged me to LEAVE the market!
If you're referring to the RTB, the only methods within their powers to encourage landlords are fines. They are very much a pro-tenant body.
 
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