Residential Tenancies (Amendment) (No. 2) Bill 2018

Samuel T. Cogley

Deleted User wrote: »

“ Where a home or apartment is a person’s principal private residence, they will be able to rent out rooms on a short-term basis. This includes B&Bs” https://www.irishexaminer.com/breakingnews/ireland/airbnb-warns-on-short-term-lettings-923419.html

That's from the 11th May and not the Act.

38. The Planning and Development Act 2000 is amended by the insertion of the following section:


“Short term lettings


3A. (1) The use of a house or part of a house situated in a rent pressure zone for short term letting purposes is a material change in use of the house or part thereof, as the case may be.


(2) For the purposes of this section, the Minister may make regulations requiring such persons as are specified in the regulations to provide a planning authority with such information as may be so specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority.


(3) A person who contravenes a provision of regulations under this section that is described in the regulations as a penal provision shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.


(4) This section shall not operate to abrogate or amend the law with regard to—


(a) lettings (including short term lettings) outside a rent pressure zone, or


(b) lettings (other than short term lettings) in a rent pressure zone.

“Where a house or apartment is a person’s principal private residence, they will be permitted to rent out a room (or rooms) within their home for short-term letting without restriction (e.g. B&B-type use) but will only be allowed to sub-let their entire house without planning permission on the short-term market for a cumulative period of 90 days or less annually”
https://www.housing.gov.ie/housing/private-rented-housing/minister-murphy-announces-regulations-short-term-lettings

The_Conductor

Deleted User wrote: »

“Where a house or apartment is a person’s principal private residence, they will be permitted to rent out a room (or rooms) within their home for short-term letting without restriction (e.g. B&B-type use) but will only be allowed to sub-let their entire house without planning permission on the short-term market for a cumulative period of 90 days or less annually”
https://www.housing.gov.ie/housing/private-rented-housing/minister-murphy-announces-regulations-short-term-lettings

Thats not whats in the Amendment though.
Can you point to where in the Amendment it allows for this.
My reading of the amendment- does not allow any derogations for PPRs/Owner Occupiers etc- its black and white- you cannot do it without a change of use permission from the local authority- once you're in an RPZ- there are no specified exceptions (that I'm aware of) in the legislation (and if you can find an exception in the legislation- actually in the legislation- not elsewhere- please share it with us).

Samuel T. Cogley

Deleted User wrote: »

“Where a house or apartment is a person’s principal private residence, they will be permitted to rent out a room (or rooms) within their home for short-term letting without restriction (e.g. B&B-type use) but will only be allowed to sub-let their entire house without planning permission on the short-term market for a cumulative period of 90 days or less annually”
https://www.housing.gov.ie/housing/private-rented-housing/minister-murphy-announces-regulations-short-term-lettings

Again that's a report, the Act doesn't seem to allow it by design or error.

Edit: I'm also concerned about the use of the word house - does this not apply to apartments or is that caught in 'part of'. Given it's a criminal offence the construction is more important than otherwise.

4ensic15

Samuel T. Cogley wrote: »

Again that's a report, the Act doesn't seem to allow it by design or error.

Edit: I'm also concerned about the use of the word house - does this not apply to apartments or is that caught in 'part of'. Given it's a criminal offence the construction is more important than otherwise.

RESIDENTIAL TENANCIES ACT 2004-2019
3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—
(g) a dwelling within which the landlord also resides,


It would appear that the act in full does not apply to dwellings in which the landlord also resides. That would take AirBnb in ones own home out of the scope of the Act.

Samuel T. Cogley

Thanks 4ensic15 - what Act is referred to by that amendment?
Thanks again for the edit.

So my question is - does S38 of the Residential Tenancies (Amendment) Act 2019 create a change of use scenrio, even in the case of a room being rented? As it's amending the Planning and Development Act 2000.

4ensic15

I’m

4ensic15 wrote: »

3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—
(g) a dwelling within which the landlord also resides,


It would appear that the act in full does not apply to dwellings in which the landlord also resides. That would take AirBnb in ones own home out of the scope of the Act.

So in layman’s terms it’s ok to let a room out for less than 14 days if the owner is also occupying the same house ??
Cos a report in the local Drogheda paper does not make that clear today. It simply states “short term room rentals banned “.
I’m going away for 10 days and was going to let out my house for that period......... and I was also going to let the spare room occasionally over the Summer when I’m at home all the time.

Apparently Eoghan Murphy is quoted saying “Homeowners who breach these new rules will be caught and heavily fined “. HOMEOWNERS (surely that means people who live in their homes )

Graham

My understanding:

in an RPZ; if it's your own home (primary residence) you can rent a room as often as you like, you can rent the entire house for up-to 90 days per year.

The_Conductor

Ok- thats it- one of us has to contact the Department next week and ask them for a consolidated version of the Regulation- my head is fried trying to cross-reference the various amendments.