My reading of the RTB definitions would not exclude a corporate tenant from registration.
IANAL
Agreed with this until now. But, thinking more on it, I'm not sure.
If an owner leases a property to one or more individuals as a residence, that's clear and must be rtb registered.
However, if an owner leases to a company, is it "a dwelling, subject to a tenancy" irrespective of what the company intends to use it for? Say the company do not want it as a residence for their employees but want to use it for storage, or to hold meetings (may need PP for a change of use, but that's another point). Would that lease be outside the RTA the same as any other building leased to a company?
If the company did decide to use it as an employee residence, (long or short term, foc / bik), do they need to register with RTB if there is no tenancy? Is that not a licence that is tied to employment?
It seems clear enough that the rta excludes a dwelling used for purely business purposes, eg a childcare service or a medical, dental or legal practice, or a local TD's clinic/office, all of which are commonly situated in residential buildings and need change of use PP.
S.2. (
a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)(
a) of
the Landlord and Tenant (Amendment) Act 1980 in respect of it,
So is an owner always obliged to rtb register a dwelling leased to a company or does S2 apply? Would the registration be cancelled if there is a pp for change of use?. If there is no pp change, does the company need to register any occupants as sub-letting tenants? If the occupancy is foc, doesn't that mean it's not a tenancy as no rent is paid. Confusing.