rent by room RTB registration

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desperateone22

Registered User
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5
I am not sure if I'm seriously missing something but can somebody point me where to find (especially on RTB website) any clear guidance how to fill in RTB registration in case of a single house that's rented room by room, ie landlord rents each room separately, kitchen/sitting room is shared and landlord maintains access/use of other parts of the house (not bedrooms). Surely it's not number of separate registrations (not even mentioning cost of that) It was suggested on other forums that it should be one registraiton with number of tenants, so what is the rent amount then, total of all rents? Thanks.
 
You have one lease agreement for the property with multiple tenants.

As tenants leave / move in you update the tenants names on the RTB record.

The monthly rent on the lease is the total rent due.

If you have voids they are your responsibility.

You are making a rod for your own back.
 
desperateone22 said:
Surely it's not number of separate registrations (not even mentioning cost of that) It was suggested on other forums that it should be one registraiton with number of tenants, so what is the rent amount then, total of all rents? Thanks.
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It's actually no registrations, what you are describing there are licencees, not tenants. Click on the button in the 'Licences' section of the RTB site here for more:


Licensees are outside the remit of the RTB and no registration is required. You need to make the terms perfectly clear in the license agreement, and ensure you maintain regular access. The tenants are entitled to request a switch to a lease, but they would all need to agree and sp long as you can justify your decision you can reject that request.
 
If you are living in the property than there are no RTB requirements. It's not entirely clear what you are doing or why.
 
Thanks Leo, that's what I was thinking because as you said a) I'm not living in the property and b) each room has a separate agreement, they are totally unrelated people and will come and go at different times and they don't have exclusive use.
BUT insurance is refusing to insure without RTB registration, so what am I supposed to do?? They (insurance) seem to thing they can make their own rules regarding RTB .
 
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desperateone22 said:
a) I'm not living in the property and b) each room has a separate agreement, they are totally unrelated people and will come and go at different times and they don't have exclusive use.
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Do you retain the right to access the property and enter as you please? So you exercise this right? If you do then it’s absolutely not a tenancy.

FWIW I have used Zürich as a landlord in the past and they never looked for RTB registration.
 
desperateone22 said:
BUT insurance is refusing to insure without RTB registration, so what am I supposed to do?? They (insurance) seem to thing they can make their own rules regarding RTB .
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I hadn't heard that being an issue before. Perhaps others here have found insurers that are willing to provide cover? In terms of making up the rules, then yes, they are entitled to do so.
 
Leo said:
Licensees are outside the remit of the RTB and no registration is required.
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We have been around this loop before.

Above statement must be accompanied by inclusion of the RTB description of said "licensees" e.g guest house / hostel etc.

If challenged I do not believe shared accommodation in a single family home will be considered in the same light.
 
Leo said:
I hadn't heard that being an issue before. Perhaps others here have found insurers that are willing to provide cover? In terms of making up the rules, then yes, they are entitled to do so.
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My insurance has never asked for this. Can't see why they would either. It's none of their business and not relevant to the house insurance. But of course the insurance knows the property is rented.
 
What is it you're actually trying to do? Sounds dodgy RTB territory if you get this wrong.
 
Leo said:
I hadn't heard that being an issue before. Perhaps others here have found insurers that are willing to provide cover? In terms of making up the rules, then yes, they are entitled to do so.
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I'm trying to play by the rules but it feels like Catch22, if I don't have to register by RTB rules and there is no obvious way how to do it for my situation but insurance says you have to register - then what, who is right? I can't force them to insure, they are happy not to and I'm left in very risky situation.
Thanks Dr Strangelove, I'll try Zurich and see though these things tend to change a lot. And yes I retain access and enter as I please, which I regularly do as I use some parts of the house and garden.
 
What parts of the house do you use?
 
DannyBoyD said:
If challenged I do not believe shared accommodation in a single family home will be considered in the same light.
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Unless the legislation changes then accommodation in a single family home can still be let on a room by room basis and remain outside the remit of the RTB as they confirm. The legislation is clear that this is permitted, particularly where it outlines the rights of licencees living in such accommodation to request the license arrangement to be converted to a full tenancy that would then come under the remit of the RTB.
 
Leo said:
they said it on their website
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And the website also clearly says, just because you call it a license it doesn't necessarily make it one.

I believe the shortcomings of this view of licensees must be pointed out.

Until its tested in court, we won't know for sure; but in the meantime anyone making these choices needs to be aware that its not as cut and dried as you imply.
 
Can't agree more DannyBoyD! Thanks Leo and DannyBoyD for replies, that's exactly where my problem is. And insurance companies can do as they like, just have to find one that doesn't ask for something that's not required by legislation, or send a registration to RTB and see what they say. If only at RTB was able to give a clear answer. I see on other discussions, I'm not the only one in this county renting room by room but nobody is clear where we stand as regards RTB.
 
DannyBoyD said:
Until its tested in court, we won't know for sure;
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It's set out clearly in the legislation, therefore it's not dependent on precedent to resolve the legal position. Threshold among others have confirmed this in the past.
 
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desperateone22 said:
or send a registration to RTB and see what they say.
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You can only send a registration to the RTB for the let of a full property, and doing so would mean you are then locked in a formal tenancy. The registration process does not allow for room-by-room letting where licencees only obtain exclusive use of an assigned bedroom and the landlord retains the rights of access in keeping with license agreements.
 
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