Dublin let apartment for just 90 days to avoid the rpz

[Leo]

It very much depends on the property; but I do know of some property owners who have reconfigured apartments. Non-purpose built is easier.

As I said , most. If it is unusually large and could be reconfigured to add another bedroom while ensuring compliance with minimum size regs then it's a runner. Simply squeezing in an en-suite is unlikely to qualify.

 

[moneymakeover]

As I said , most. If it is unusually large and could be reconfigured to add another bedroom while ensuring compliance with minimum size regs then it's a runner. Simply squeezing in an en-suite is unlikely to qualify.

That's an interesting thought because there's only one bathroom.

Adding another bathroom, an en suite would be a big improvement. The tenants could have a bathroom each.

 

[Dummy101]

I am not saying your property management company or accountant are wrong about this but it is the easy thing for them to say, no danger to them there.

When you say that's the advice you have received, did they put it to you in writing that Corporate Letting is not exempt from RPZ rules, or did they just suck in their upper lip and say, 'I don't think that would work'.

I would ask what is the legal basis for the advice. Then you will know if it is soundly based or just an excess of caution.

Hmmm, just considering your question... I did not request legal advice on the specific question of RPZ rules applying to the type of tenant (U.S. corp in this instance). However, the management (letting) company we have used for 10+ years manage well in excess of 1,000 units on behalf of small landlords such as myself. They are not an auctioneering business, they focus on lettings only. I want to check myself saying this but.... I would expect them to "know" the RPZ rules... but I will put this question to our solicitor and revert next week once he has responded.

 

[Greenbook]

Hmmm, just considering your question... I did not request legal advice on the specific question of RPZ rules applying to the type of tenant (U.S. corp in this instance). However, the management (letting) company we have used for 10+ years manage well in excess of 1,000 units on behalf of small landlords such as myself. They are not an auctioneering business, they focus on lettings only. I want to check myself saying this but.... I would expect them to "know" the RPZ rules... but I will put this question to our solicitor and revert next week once he has responded.

I think you are right. If there is a landlord and a tenant, then the property is subject to the RPZ rules. It doesn't matter whether the tenant is an individual or a company. I know that the multinational won't be the occupant, but the property is leased to them for use by their staff. They are the tenant.

 

[moneymakeover]

What level is refurb is needed?

And in the rtb website there is an option
"Exceed rpz?"

Let's say person increased the value sufficiently, do you click yes?

Or how does that work?

I discovered that if I'm adding value
Then I click "Y" evening RPZ threshold
Then there's a PDF to be filled out with the details of the additional value

 

[Leo]

They are not an auctioneering business, they focus on lettings only. I want to check myself saying this but.... I would expect them to "know" the RPZ rules... but I will put this question to our solicitor and revert next week once he has responded.

Be wary of this, people have reported getting incorrect information from such agencies here in the past. The agency you use may be better informed of course, but ultimately it is you who are legally responsible for ensuring compliance.

 

[Dr Strangelove]

Be wary of this, people have reported getting incorrect information from such agencies here in the past.

I used an estate agent and a solicitor for a termination of tenancy a few years back.

Both gave very slightly erroneous advice and the termination would have been deemed invalid by the RTB on a technicality.

The law (intentionally or not) puts an excessive regulatory burden on landlords.

 

[Leo]

Adding another bathroom, an en suite would be a big improvement. The tenants could have a bathroom each.

It might make lives easier for then no doubt, but, there's a good chance the RTB won't see it as sufficient to allow a derogation. You would be need to provide evidence that a similar apartment with one of the bedrooms much reduced in size, but accommodating an en-suite would have attracted a significantly larger rent at the time of letting.

 

[Leo]

The law (intentionally or not) puts an excessive regulatory burden on landlords.

Yeah, the law is complicated, more so than would be ideal, but being a landlord is a business and complex legalities are part and parcel of running many businesses.

My point is that the OP should not rely on the advice of an agency with little skin in the game, your example further reinforces that albeit with a concerning addition that a solicitor also gave incorrect advice.

 

[Dummy101]

Be wary of this, people have reported getting incorrect information from such agencies here in the past. The agency you use may be better informed of course, but ultimately it is you who are legally responsible for ensuring compliance.

To be clear, we fully adbide by the onerous RPZ rules in our corporate lettings.... its the orignal poster who posted the assumption that corporate lets are not subject to RPZ rules.

 

[lff12]

A solution is to find a trusted friend or family member to act as caretaker for two years.

For example they pay all bills in return for minding the property. They are legally your licensee and you would have free access to the property. No RTB registration needed.

In 24 months you are free to return to market rent.

Usually people move in their large adult children to do this. They get a place to live while saving for a deposit, and then the landlord either sells or returns to the normal rental market at whatever price they can get.

 

[lff12]

I discovered that if I'm adding value
Then I click "Y" evening RPZ threshold
Then there's a PDF to be filled out with the details of the additional value

This is listed on RTB site and it is no longer simply a matter or adding an ensuite.

A 'substantial change in the nature of the accommodation’ is a defined term. A ‘substantial change’ will only be deemed to have taken place if the works carried out to the dwelling concerned meet one of the following criteria:

The works consist of a permanent extension to the dwelling that increases the floor area (within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997)) of the dwelling by the amount equal to not less than 25% of the floor area of the dwelling as it stood immediately before the commencement of those works, 

or 

• in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, the works result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings,

or

• the works result in any 3 or more of the following:
• the internal layout of the dwelling being permanently altered;
• the dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005;
• a permanent increase in the number of rooms in the dwelling; 
• in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or
• in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No 243 of 2012) apply and that has a BER of C3 or higher, the BER (within the meaning of those Regulations) being improved by not less than 2 building energy ratings.
• If the works above were carried out for the purposes of a landlord complying with his/her repair and maintenance obligations, the landlord cannot rely on those works for the purposes of the RPZ exemption.

 

[lff12]

It might make lives easier for then no doubt, but, there's a good chance the RTB won't see it as sufficient to allow a derogation. You would be need to provide evidence that a similar apartment with one of the bedrooms much reduced in size, but accommodating an en-suite would have attracted a significantly larger rent at the time of letting.

They would not. See my post above.

 

[lff12]

What level is refurb is needed?

And in the rtb website there is an option
"Exceed rpz?"

Let's say person increased the value sufficiently, do you click yes?

Or how does that work?

You either substantially extend the building or unit to be a larger building or you carry out extensive changes, internal reconfiguration to change number of rooms, increase the BER rating by 3 points or more (2 if above already a C3) AND either increase number of rooms or adapt for a person with a disability. "Refurbishment" does not count as that is (usually correctly) considered by RTB to be carrying out essential maintenance that should have been done anyway as part of the general maintenance of the property. Again - see list above. Far lower criteria existed in the past & that may be why an agency believes the old rules still apply. Simply adding a bathroom won't qualify - however, adding a bathroom, making the entire unit disability friendly AND carrying out a full energy upgrade taking the unit from C3 to C1 would qualify. In short, the kind of works that would make it an entirely different unit to the one there now.