Can I legally let out the family flat of the house I will buy?

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sarah1983

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hi,

I'm looking to buy a new home house. I have seen a new house coming to the market, which has an attached 2 storey family flat to the main house. The family flat is a self-contained unit with its own front door, and a door inside connected to the main house.

I have found the planning permission online, it says "Two storey family flat at side of existing dwelling and extension of existing kitchen and demolition of existing single storey extension at side of dwelling." And in the planning permission it says "...make enclosed application for planning permission to the above address due the situation of overcrowding in the existing dwelling and to accommodate my daugter and her 2 children.."

As I have seen a few threads saying that legally you can't rent out a granny flat. In this case, it states as family flat, I'm wondering if i buy this house, can i rent out this family flat legally? and qualified for rent-a-room relief ?

many thanks in advance
 
Two options Sarah.
1. Block off the flats own front entrance so it can only be accessed via the house. Now it is a "room rental" licensee agreement as it is part of the main house and you can qualify for the "rent a room relief".
2. Lock the internal door and let the flat as a self contained unit with its own front door. This is a tenancy agreement and you cannot claim the "rent a room relief."
Others may know more and I stand to be corrected.
 
Tadaima said:
2. Lock the internal door and let the flat as a self contained unit with its own front door. This is a tenancy agreement and you cannot claim th
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This is incorrect. Once the unit is part of, or directly attached to, the main property it will qualify for rent a room relief.
The treatment for PRTB is slightly different, and is where the door cones in, although there are other ways around it by agreement.

However, I think the OPs question was more in relation to whether the original planning permission allows it to be rented. There's usually a condition in such planning that it can only be used by direct family members and can't be rented.

sarah1983 said:
I have found the planning permission online, it says
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You need to look at the conditions attached to the granted planning, rather than the wording of the application.
 
RedOnion said:
You need to look at the conditions attached to the granted planning, rather than the wording of the application.
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Thank you very much. I have checked the condition, it says "
The proposed 'granny' flat shall be occupied by a member of the immediate
family of the occupier of . the main dwelling, and the link to that dwelling
shall be maintained. Should the use of the flat cease, it shall be
incorporated into the main dwelling. The 'granny' flat shall not be used as
a separate dwelling with its own curtilage, and shall not be let as a flat
independent of the main dwelling. REASON: To comply with the density
provisions and with Paragraph 17.21 of the Development Plan.
"

According to the highlighted area, it seems it is illegal to let out the flat? thanks
 
Thirsty said:
I think you've answered your own question. However as @Tadaima says, you could remove the external access and let it out as a house share.
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Or they could apply for a change in the planning permission citing that they are a new owner and do not need the space for their own family. In these times of housing shortages it would be strange to think that there would be a problem.
 
@Purple - I don't know; I have a feeling the CoCo would stick strongly to the original PP? No harm to ask of course.
 
This misinformation around own-door properties not qualifying for ‘Rent-a-Room’ seems to pop up regularly.

It doesn’t matter whether the section had its own door or not.

If it’s attached to the main house, it can qualify.
 
To avoid any conflict with PP on the attached flat, I think the recommendation to take out or cover the external door is a good one & then if the OP wants to rent they can do it as a house share.

In the meantime they can check with CoCo about getting PP if they rent it as a s/c unit.
cremeegg said:
Because it is not a house share if it has two external doors.
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I don't understand this comment.
 
Thirsty said:
to take out or cover the external door is a good one & then if the OP wants to rent they can do it as a house share.
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Removing or covering a door would require planning permission too, but it's generally no problem consolidating a granny flat back into the main house. In fact the planning granted to such flats usually stipulate that must happen when the need for family using the unit no longer exists.

A chat with someone familiar with working with the local planners, or a pre-planning consultation with them might guide as to what will be allowed.
 
See below from Citizens Information:

If you rent out a room (or rooms) in your home to private tenants, the rental income you earn will be exempt from income tax, provided this income does not exceed a certain limit in a tax year. This is called the rent-a-room relief. A self-contained unit, such as a basement flat or a converted garage attached to your home, can qualify for this relief.
While renting out a room that is part of your home is not covered by landlord and tenant law, renting out a self-contained unit is covered – see ‘Your rights and obligations’ below.

As far as I know the income limit is €14,000.
 
Thank you everyone for the response.

I will call CoCo to ask if it is possible to apply for a change in the planning permission. I have a feeling it's going to be difficult..
 
cremeegg said:
Because it is not a house share if it has two external doors. o_O
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My house has 4 external doors. It's a 4 bed semid.

For the op, yours is joined to the house so can be rented under the rent a room scheme. You can rent it up to 14k tax free.
Or you (with the appropriate planning permission I presume) can rent as a private dwelling for probably about 20k and pay about 50% tax.

With the rent a room you will have to share the address so I'm not sure how utilities work but it can't be rocket science and if it was me I'd think it was worth figuring out.

It's self contained so check out the rules here


Rent a room tax relief scheme

Rent-a-room relief makes it possible to earn tax-free rental income when you rent out a room in your home to private tenants.
www.citizensinformation.ie www.citizensinformation.ie
 
qwerty5 said:
My house has 4 external doors. It's a 4 bed semid.

For the op, yours is joined to the house so can be rented under the rent a room scheme. You can rent it up to 14k tax free.
Or you (with the appropriate planning permission I presume) can rent as a private dwelling for probably about 20k and pay about 50% tax.

With the rent a room you will have to share the address so I'm not sure how utilities work but it can't be rocket science and if it was me I'd think it was worth figuring out.

It's self contained so check out the rules here


Rent a room tax relief scheme

Rent-a-room relief makes it possible to earn tax-free rental income when you rent out a room in your home to private tenants.
www.citizensinformation.ie www.citizensinformation.ie
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still a breach of planning permission. It does not matter if rent a room or not.
 
newirishman said:
still a breach of planning permission. It does not matter if rent a room or not.
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Why? When you rent a room you're not letting as a flat independent of the main house.
Admittedly I had to look up what curtilage means

"Should the use of the flat cease, it shall be
incorporated into the main dwelling. The 'granny' flat shall not be used as
a separate dwelling with its own curtilage, and shall not be let as a flat
independent of the main dwelling."
 
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