Exempt from registering for PRTB?

peterallen

If a residential property in a housing estate is being let to a tenant who is running a small business from that address (in addition to dwelling there), does the property need to be registered with the PRTB?

Paulw

Is the dwelling commercial or residential?

If the person is renting a residential property, then yes, it needs to be registered with the RTB.

The running of a business there is a whole different issue, and much more complex.

The_Conductor

peterallen wrote: »

If a residential property in a housing estate is being let to a tenant who is running a small business from that address (in addition to dwelling there), does the property need to be registered with the PRTB?

Yes- and you also need to apply to the council for a change of use (and possibly planning permission) vis-a-vis running the business from the property. It probably also becomes rateable.........

There are also a whole load of other reasons that its not a good idea to allow a tenant run a business from home..........

seamus

As others said, it must be registered with the PRTB.

Whether you need to apply for a change of use depends on what activity is being carried out in the house. Home businesses are exempt from planning regulations up to a certain level.

In general, if the business is going to have an effect on neighbours and the local community, you will need to apply for planning permission. Generally what this is understood to mean is if you are going to have a lot of people calling to the property (4+ per day), or a lot of activity taking place around the property - cars parked, deliveries in/out, etc.

If it's a case that you will have an office in the house, but materially the neighbours will unaffected except for the fact that you're at home, then a change of use is not required.

4ensic15

RESIDENTIAL TENANCIES ACT 2004

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—

(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,


I don't know how other posters are sure it should be registered on the information given.

Paulw

4ensic15 wrote: »

I don't know how other posters are sure it should be registered on the information given.

This information -

peterallen wrote: »

a residential property in a housing estate

The unit is therefore not wholly nor partially for the purpose of carrying on a business, but is a residential dwelling, which the tenant may be using for a business.

4ensic15

Paulw wrote: »

This information -



The unit is therefore not wholly nor partially for the purpose of carrying on a business, but is a residential dwelling, which the tenant may be using for a business.

It doesn't mean that it would not become a business letting within the meaning of the 1980 Act. The planning status is irrelevant.

Pkiernan

Properties are not registered with the RTB.

TENANCIES are registered with the RTB.