Go on then and tell us what this letter will ask? You can just send them an email. You'll be directed to their website or directed to the legislation.or send a registration to RTB and see what they say. If only at RTB was able to give a clear answer.
This is not correct. Tenants can be added and removed from a lease & RTB updated accordingly.The registration process does not allow for room-by-room letting
Tenants can be, but you can not register a property as being let on a room by room basis.This is not correct. Tenants can be added and removed from a lease & RTB updated accordingly.
Well I very much doubt you can remove all original tenants and put on new ones on an existing RTB registration, and anyway, now we have annual registration so why would one be doing that.This is not correct. Tenants can be added and removed from a lease & RTB updated accordingly.
Sorry Bronte, but I'm not avoiding anything! The house is set up that way, it has three floors. I retain access to one and use it frequently during the day, there is also a garden used by everybody incl me. It may not be "the normal" set up and it may not fit the usual boxes authorities love so much but there is nothing funny going on, that's the way the house was structured historically. And if I choose to rent it room by room and retain use of some part that's not illegal, is it? RTB is good to wave a stick at landlords but their website is quite vague in some areas and particularly in this. And it looks like there are many and varied opinions about what can or cannot be done as regards RTB registration and adding/removing tenants in situation like this.The RTB can't decide whether what your trying to do is a normal tenancy or not, they will just direct you or quote you their own website. You have to make the decision that you are not a normal landlord and I think since you're not telling us why you are going into and out of the property that you are trying to avoid being a normal landlord. And that's the sole aim of this exercise. Why else would one do it.
If you are renting on a room by room basis, tenants move in and out singly, not en bloc.remove all original tenants and put on new ones
Can you point us to where we have been around this before.We have been around this loop before.
Above statement must be accompanied by inclusion of the RTB description of said "licensees" e.g guest house / hostel etc.
If challenged I do not believe shared accommodation in a single family home will be considered in the same light.
Hi Leo, I would be very grateful if you could show where this is in legislation. I an in the process of explaining to Revenue why my property is a licence and not registered. I can see provision for this on RTB website and Threshold website but would like to quote legislation to them. Thanks in advance.It's set out clearly in the legislation, therefore it's not dependent on precedent to resolve the legal position. Threshold among others have confirmed this in the past.
Why do revenue care re RTB? As long as you pay your tax, do they have a role in enforcing RTB registration unless of course you are claiming relief on interest.explaining to Revenue why my property is a licence and not registered
You can, at least on a one-by-one basis. It’s called assignment of lease.Well I very much doubt you can remove all original tenants and put on new ones on an existing RTB registration,
The legislation defines the conditions that need to be met for a multi-tenancy to gain Part 4 protection in Section 50. It contains provisions added explicitly to ensure that "the distinction that exists between licences and tenancies does not operate to frustrate the objectives of" the legislation. subsequent to that is provides for licencees the right to request to become tenants and then enjoy the benefits of Part 4 protection.Hi Leo, I would be very grateful if you could show where this is in legislation.
Yeah, they've been campaigning for some time to remove the option for licencees where the landlord is not present.Threshold is refusing to say outright that it's a tenancy. But they for certain are there to help potential tenants.
That makes sense and if I were them that's what they are for, to advocate for tenant's rights.Yeah, they've been campaigning for some time to remove the option for licencees where the landlord is not present.
As per the other threads on this, most landlords don't want the hassle of the additional work that goes along with maintaining licensee status. It can make sense in some situations, but as you say, setting it up this way just to circumvent tenancy rights is a contrivance, but one the legislation foresaw,That makes sense and if I were them that's what they are for, to advocate for tenant's rights.
So far on this thread I'm at a loss to see a genuine licence agreement that is not contrived. Maybe I'm missing something. No way is any of my posts pro RTB, but I've zero problem with tenants having rights and having those rights defended.
I have done things this way for may years,long before the RTB came into existence. The reason I do it this way is because the idea of joint and several liability for students is a nonsense. If one student drops out of college, the others will not pay his/her rent and I have no desire to chase them through the courts.or you may decide to exclusively rent a room only, in a private rented property. A room-by-room occupancy may have some/all of the following characteristics:
- The landlord advertises and views the room with you
- Other rooms are already occupied
- A separate lease for your room is provided
- Bills are in the landlord’s name
- You have exclusive occupation of your own room only
The legislation defines the conditions in which a tenancy which is subject to registration is deemed to be formed. All other scenarios are excluded but you'll never get some of those defined in the legislation as doing so would open a massive can of worms regarding what is or is not a tenancy versus a license arrangement.Thanks to Bronte and Leo for their replies, but I cannot see where the above is grounded in legislation.
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