Does previous rent limit apply if a house was only partially rented?

[Spider2022]

When I got married and moved out of my home, I rented 3 out of 4 rooms in it and registered the tenants with RTB - I kept one room for myself to store my belongings temporarily. I want to rent the 4th room out, but am being told that I can't increase the rent (if I want to rent the 4th room out, I'd need to reduce rent for other rooms). The house is already rented out well below market rate and since all of the mortgage increases, I'm having to make a significant payment myself in order to meet the mortgage. Renting out the 4th room was always my plan. If I can't do this, I'm afraid I'll have to sell the house.
Does this sound right? Surely the fact that the house was only partially rented should be taken into account?
Any advice welcome, thank you

 

[DannyBoyD]

Sounds right to me.

The rent is considered to be for the entire house. What rooms are used doesn't enter into it.

 

[Leo]

Sounds like you should have set this up under a license agreement and not registered a tenancy with the RTB, but that ship has sailed. Note that if you registered the property under the tenancy agreement, the tenants are normally entitled to full occupancy and use of the entire property, and can exclude you from assessing it without consent. Might be worth taking legal advice to see if you can unwind the tenancy and document properly as a license situation.

 

[cremeegg]

Sounds like you should have set this up under a license agreement and not registered a tenancy with the RTB, but that ship has sailed. Note that if you registered the property under the tenancy agreement, the tenants are normally entitled to full occupancy and use of the entire property, and can exclude you from assessing it without consent. Might be worth taking legal advice to see if you can unwind the tenancy and document properly as a license situation.

You could write to the RTB saying that the registration of the tenancy was an error, explain why and await their response.

See here under licences and expand 'what is a license'.

Types of Tenancy and Agreements | Residential Tenancies Board

RTB operates Ireland's National Tenancy Register and resolving disputes between Landlords, tenants and third parties. Governed by residential Tenancies Act 2004. View more information on landlords and tenancies.

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