As SarahMc believes, she is correct -If you read the link below, it appears the PRTB view such tenants in granny flats as tenants with associated rights, rather than licencees under Rent a Room. There dies seem to be a conflict between this and Revenue guidelines. I would proceed with caution, definitely don't cut off the electricity.
[broken link removed]
Thus, as your tenant is in a self-contained residential unit, you have a tenancy with the tenant and are within the remit of the PRTB.‘‘dwelling’’ means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit .....‘‘self-contained residential unit’’ includes the form of accommo-
dation commonly known as ‘‘bedsit’’ accommodation;
However, I have seen PRTB cases where is section was applied and it determined that the building was converted into 2 flats, the owner in one and the tenant in the other - they both used the same front door thus, the hallway was communal.25.—(1) This Part does not apply to a tenancy of a dwelling where
the conditions specified in subsection (2) are satisfied if the landlord
of the dwelling opts, in accordance with subsection (3), for this Part
not to apply to it.
(2) Those conditions are—
(a) the dwelling concerned is one of 2 dwellings within a
building,
(b) that building, as originally constructed, comprised a single
dwelling, and
(c) the landlord resides in the other dwelling.
(3) A landlord’s opting as mentioned in subsection (1) shall be
signified in writing in a notice served by him or her on the tenant
before the commencement of the tenancy.
I had visualised that your ex garage was attached only by one wall at the side of the house and not integral. In this new senario, as an integral part of the house, you may well be exempt from PRTB remit.Hi facetious ,
Do you not think I qualify under section 25 ? I satisfy all those conditions and by making agreement as rent a room scheme I have made condition 3 clear ? No ?.
The converted garage is such that any problem like water pipe burst, electrical issues, bins not being picked up etc in the part of the house i live in will effect the other converted garage dwelling. So how is that separate ? Some switch/ overload in the part of the house can trip the electricity in the part of the house rented out.
Besides being attached to the house one of the bedrooms we use is right above the converted garage.
The tennant also uses our garden shed to store his bicycles and has used our back garden to dry clothes.
Going by the PRTB route will take months and even after that compliance is not guaranteed, and almost no hope of recovering back rent. Given that loss, I am indeed think thing to go ahead and register with PRTB and then disconnect electricity..and let the tennant do the running around and when it goes go to PRTB, pay the fine and be done with it..atleast the tennant is out of the house. Any idea how much the fine I would be? Only other way is somehow frustrate the tennant to go of his own accord. Everything is stocked against the landlord here..the tennant can do anything. My options are pretty narrow here. Two government agencies (revenue and PRTB) hold contrary interpretations of the same act.
Really frustrated here..
Thanks very much for your time and your replies .
As you now believe that your rented property comes under the remit of the PRTB, you will I presume be prepared to refund to Revenue the tax relief you obtained under the rent a room scheme.
Why?
Did you not read the extracts quoted in the opening post?
Small Claims and Police won't deal with this.
I reckon you need to set a date and have some burly handymen to help assist. I trust you have copies of all notices given ? If there's no movement by that date, wait until he leaves and then move in and change the locks.
Drastic? Yes. Other options ? None, I can see.
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