Do you need to register with PRTB if people are house sharing

Fol20

Hi Guys,

If you have a 5 bed house and an individual as exclusive access to their bedroom and bathrooms,kitchens and dining rooms are shared. Do you have to register with the prtb?
People come and go under house sharing and some do not stay for a year or more so im just wondering what type of laws apply to house sharing tenants.

srsly78

"House sharing" or whatever you want to call it is irrelevant. The only thing that matters is if the landlord lives there or not.

If landlord lives there then the others are licensees. If the landlord does not live there then they are tenants and registration with prtb should happen.

Claw Hammer

It is a complete mess. The RTB now regards a bedroom as a dwelling but if a bedroom is a dwelling it is in breach of the standards for rented dwellings regulations. Each dwelling is supposed to have a fridge, cooker,bathroom etc. It is a ludicrous state of affairs.

Fol20

srsly78 wrote: »

"House sharing" or whatever you want to call it is irrelevant. The only thing that matters is if the landlord lives there or not.

If landlord lives there then the others are licensees. If the landlord does not live there then they are tenants and registration with prtb should happen.

From a practical point of view, PRTB is a money racket.. I dont know if you ever register tenants yourself however its a joke what is and isnt allowed.. I cant see anything that specifies the need to register them as the other person mentioned, they dont have exclusive use of kitchens etc.

Graham

Fol20 wrote: »

From a practical point of view, PRTB is a money racket.. I dont know if you ever register tenants yourself however its a joke what is and isnt allowed.. I cant see anything that specifies the need to register them as the other person mentioned, they dont have exclusive use of kitchens etc.

If you're the landlord, it would be sensible for you to go and get legal advice from a qualified professional.

You may discover you're operating under the misconception that your tenants are licensees.

Claw Hammer

Fol20 wrote: »

From a practical point of view, PRTB is a money racket.. I dont know if you ever register tenants yourself however its a joke what is and isnt allowed.. I cant see anything that specifies the need to register them as the other person mentioned, they dont have exclusive use of kitchens etc.

The RTB has held that a bedroom is a dwelling. That has been upheld by the High Court. Non registration carries serious consequences. No tax relief and high penalties for late registration plus delay in having disputes settled.

Fol20

Claw Hammer wrote: »

The RTB has held that a bedroom is a dwelling. That has been upheld by the High Court. Non registration carries serious consequences. No tax relief and high penalties for late registration plus delay in having disputes settled.

Do you have a reference number for this case?

The case below says otherwise.

https://www.askaboutmoney.com/threads/renting-rooms-seperately-need-to-register.150945/

http://www.irishlandlord.com/forum/forum/prtb/1363-renting-rooms-seperately-need-to-register

Claw Hammer

Fol20 wrote: »

Do you have a reference number for this case?

The case below says otherwise.

https://www.askaboutmoney.com/threads/renting-rooms-seperately-need-to-register.150945/

http://www.irishlandlord.com/forum/forum/prtb/1363-renting-rooms-seperately-need-to-register

That decision was later held to have been wrongly decided.
http://www.courts.ie/Judgments.nsf/0/C44D283B4830252680257DB700404B8D

Fol20

Claw Hammer wrote: »

That decision was later held to have been wrongly decided.
http://www.courts.ie/Judgments.nsf/0/C44D283B4830252680257DB700404B8D

What section stats that, it mention one person who owned and second for a ll that may have been trying to skim the law a bit.. maybe i missed it but i dont any findings here. it just goes back to the fact that houses sharing is not not a self contained unit.

wordofwarning

srsly78 wrote: »

"House sharing" or whatever you want to call it is irrelevant. The only thing that matters is if the landlord lives there or not.

If landlord lives there then the others are licensees. If the landlord does not live there then they are tenants and registration with prtb should happen.

It is based on exclusive use. If you have someone 'renting' an apartment for 3 months and you have an agreement to have a cleaner in there every 2/3 weeks. They are a license, as they lack exclusive use of the property

davindub

wordofwarning wrote: »

It is based on exclusive use. If you have someone 'renting' an apartment for 3 months and you have an agreement to have a cleaner in there every 2/3 weeks. They are a license, as they lack exclusive use of the property

Definitely not.

Fol20

davindub wrote: »

Definitely not.

I think they are neither. Outside of realm of prtb and licensees are if owner occupier

4ensic15

Fol20 wrote: »

What section stats that, it mention one person who owned and second for a ll that may have been trying to skim the law a bit.. maybe i missed it but i dont any findings here. it just goes back to the fact that houses sharing is not not a self contained unit.

This topic is a regular. That case has been quoted on this forum before. So have the other RTB decisions. I am not going to make any other comment.