Landlord mixing AirB&B with long term tenants - RTB fine for non-notice

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Paul001

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Hello all,
I have a question I would love some input on.
Myself and my wife own a property through a limited company.
Its a four bed house with all tenants sharing the common areas (bathrooms, kitchen etc).
Two of the tenants moved out and I instead decided to rent out the two rooms via Airbnb on legal lengths (so 14 days upwards). Most of them are about 6 weeks in length. Mainly I decided to do this as the current tenants were a pain so I want to do it this way instead.
I provide weekly cleaning and I meet the cost of the electricity for the two rooms.

One of the original tenants complained to the RTB that I am not permitting her to have peace in the property as I do not give her notice when new tenants arrive or indeed when the cleaners arrive. I obtain permission to enter the property from the shorter term tenants.

RTB awarded the tenant €3k as they agreed with her. However I do obtain permission from the other shorter term tenants and that should be sufficient to enter the property.
 
T McGibney said:
Get legal advice. Urgently.
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About what?

OP has been fined for not giving tenant notice.

They have a choice to modify their behaviour or risk another fine.

They've not asked a question here, just posted their story.

What do they need legal advice on?
 
DannyBoyD said:
About what?

OP has been fined for not giving tenant notice.

They have a choice to modify their behaviour or risk another fine.

They've not asked a question here, just posted their story.

What do they need legal advice on?
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Your question bemuses me.

One of their existing tenants has taken them to the RTB, costing them €3,000.

As things stand, they are a sitting duck for another claim from another tenant. This is on the basis of what has happened already. Failure to modify the grievance will obviously compound that but is a separate issue. This is something they need to confront before it confronts them. A stitch in time and that.

There are probably other legal issues here.

IANAL.
 
Agree there is no question asked.
OP.
From your post, it's clear you did not have the consent of all occupants nor do you seem to value the privacy tenancy rights of your long term tenant.
 
I disagree; double jeopardy and all that

IANALE

OP still hasnt told us what the question is!
 
DannyBoyD said:
I disagree; double jeopardy and all that
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Double jeopardy doesn't apply in civil cases. If I do something that hurts or harms or infringes the rights of two people and one of them successfully sues me, that doesn't stop the other person mounting an action of their own.

The precise opposite in fact.
 
@Paul001, from what you've said it looks like the tenant was well within their rights and you've behaved disgracefully. You don't seem to understand your responsibilities as a landlord or the rights that your tenants have. I've been a landlord and I wouldn't dream of doing what you've done. Have aa read of this.

I think you've got away lightly. I agree that you should seek legal advice but only to fund a way to extract yourself from the position in which your own appalling behaviour has placed you.
 
OP has clearly been told that he cannot access the property / move tenants in without proper notice. He has been fined for doing so.

He now has to give proper notice or risk a similar or larger fine for the repeat offence. We don't need to judge the OP - the RTB has done that for us.

There is nothing preventing a property owner from letting a property on a room by room basis.

We still don't know what the OPs question is.
 
DannyBoyD said:
There is nothing preventing a property owner from letting a property on a room by room basis.
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A property cannot be let on a room by room basis. That is the basis of the finding here by the RTB.

The landlord thought he was letting the property on a room by room basis. The existing tenant would not be affected by the tenants of the other rooms being sourced via Airbnb or some other way. However properties cannot be let on a room by room basis, that is why the tenants awarded €3,000
 
cremeegg said:
A property cannot be let on a room by room basis. That is the basis of the finding here by the RTB.

The landlord thought he was letting the property on a room by room basis. The existing tenant would not be affected by the tenants of the other rooms being sourced via Airbnb or some other way. However properties cannot be let on a room by room basis, that is why the tenants awarded €3,000
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I suspect that this is a misreading of the limited information given by the OP.

Lots of places are let room-by-room with no difficulty.

The issue here is surely the landlord having residential inhabitant lessees sharing their home with short-term Airbnb-style licensees without their consent.
 
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Paul001 said:
I do not give her notice when new tenants arrive or indeed when the cleaners arrive
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According to the OP (and that's all the information we have to go on) - the basis of the RTB fine was not giving correct notice.

Yes you can have multiple tenants on a lease.

Where the rooms are advertised be that AirBNB, DoneDeal or Facebook is not the business of the RTB nor is the length of the lease so long as all other aspects are compliant.

OP still has not told us what the question is.
 
T McGibney said:
I suspect that this is a misreading of the limited information given by the OP.

Lots of places are let room-by-room with no difficulty.

The issue here is surely the landlord having residential inhabitant lessees sharing their home with short-term Airbnb-style licensees without their consent.
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I said that a property cannot be let on a room by room basis, being slightly provocative, hoping that someone would contradict me and explain the legal basis for letting on a room by room basis. I let property on a room by room basis.

However this cannot be registered with the RTB. All tenants in a unit must be included on one registration. I just got off the phone with the RTB, where I spoke with a well informed and helpful woman.

I wonder if there is a legal basis for this approach by the RTB or if it is just the way their system works.
 
DannyBoyD said:
Well thats a first for RTB!

Yes, all the tenants must be on the registration, if you are letting in this way.

But you can add and remove tenants at any time.
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AFAIK Doing it this way means each new tenant gains all the rights of the original tenants, from the dates of the original tenants. It not really letting on a room by room basis.

I am currently registering a 4 room property, one of the rooms is empty. The rent reflects 3 rooms !
 
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Thank you all for your feedback.
I would love to hear your feedback in respect to the RTB applying restrictions and limitations on one group of tenant.
ie RTB are basically saying obtaining permission to enter the property from one group of tenant (ie shorter term tenants although legal) are not sufficient albeit there are no such restrictions within Irish law. In that tenancies greater than 2 weeks are not considered short term tenancies.
Each tenant has a separate contract and should be able to provide permission to the Landlord to enter the common areas.
Legislation does not state I have to provide existing tenancies notice of new tenants arriving either.
 
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