Yes I agree that they wouldn't be happy with it but the old saying comes to mind "it's not about what you know it's about what you can prove in court "I have often wondered about that! A lot of rental contracts specify that the tenant is responsible for various utilities and charges however they come about and there seems to be no reason why this couldn't include management fees. Or LPT for example. (That's assuming the management fee is paid to a management company - if it's simply to the landlord then the RTB would certainly regard it as rent by another name.)
I don't know of any cases where there's been a definitive ruling, but generally the RTB take an anti-avoidance approach and would regard any attempt to circumvent the RPZ with suspicion. So tread carefully!
Leases and websites for eight of the city’s big private student accommodation providers suggest that two years ago, just one of them charged students extra fees for utilities or amenities on top of the rent.
For the coming academic year, seven of these eight are.
Among those adding fees for students moving in from the autumn is Aparto. Its new contracts now largely mirror the contracts used since last year by Yugo, another of Dublin’s big student housing providers.
To me this wouldn't really pass a smell test if challenged. Something approaching 20% sounds plausible but 30% looks like disguised rent. The RTB is very tenant friendly and it's up to you to assess how likely you ever are to end up in there.My question is could I rent it for RPZ limit of €1000 + 300 management fee if the new tenant agrees to it and it's put on the lease in black and white.
I wouldn't do this because the tenant can simply not pay the management fee and walk away, whereas an owner cannot do so without incurring a charge against his property from the management company. RTB suggests that the landlord is liable for any charges that are chargeable regardless of whether or not the property is occupied - i.e. management fee, service charges, LTP, RTB registration and insurance. Its theoretically possible (and possibly currently legal), but cannot be enforced in the event that the tenants simply decide to not pay it because there is no recourse against them as non owners of the unit. You could price up the cost of services such as bin collection and parking space access and charge for that separately perhaps?I have often wondered about that! A lot of rental contracts specify that the tenant is responsible for various utilities and charges however they come about and there seems to be no reason why this couldn't include management fees. Or LPT for example. (That's assuming the management fee is paid to a management company - if it's simply to the landlord then the RTB would certainly regard it as rent by another name.)
I don't know of any cases where there's been a definitive ruling, but generally the RTB take an anti-avoidance approach and would regard any attempt to circumvent the RPZ with suspicion. So tread carefully!
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