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Corporate letting in a RPZ zone

  • 24-08-2021 5:41pm
    #1
    Registered Users Posts: 40 Catglee


    I've an apartment for rent I and 've been contacted by a private company with respect of renting same for one of their managers.

    I have for the past nr of years not increased the rent.

    The apartment is in a rpz

    If I rent to a company am I still constrained with respect of the increase in rent I can apply given its in a rpz zone

    Am looking to raise it to the market level.

    Thanks



Comments

  • Registered Users Posts: 5,368 ✭✭✭ JimmyVik



    I believe you should be able to rent it to a company for whatever you agree between you.

    But only rent it to the company, and not the individual.



  • Registered Users Posts: 930 ✭✭✭ DubCount


    Not sure I agree. This is down to the interpretation of the legislation. I think this is something to run past a solicitor. You are still entering a tenancy for a residential property in a RPZ, and relying on an interpretation that a corporate tenant does not meet the definition of a tenant under the legislation.



  • Registered Users Posts: 5,368 ✭✭✭ JimmyVik


    Same as letting to the council.

    RTB and RPZs only apply to letting to a tenant. In this case the poster is letting to a company. In the case of a council they are letting to the council.

    Where they might get stung is if they go back to normal tenancy before 2 years is up, they will have to go back to the RPZ rent scale. After 2 years though, they do not.



  • Registered Users Posts: 1,540 ✭✭✭ dennyk


    It's still a letting of a residential property in an RPZ. Unless you're arguing that they are not letting it for residential use if they are letting it to a corporation, in which case they'd likely be violating planning laws. The RTA "applies to every dwelling, the subject of a tenancy" and has no specific exclusions for such "corporate" lettings that I'm aware of. It does specifically exclude lettings to housing authorities, which is why a council let would not be subject to RPZ restrictions.

    You can see all of the RTA exclusions here, but I don't see any that would exclude a letting to a private company to house one of their employees, so unless there is one, the RTA would still apply to such a letting, including RPZ restrictions.

    That said, OP, if you haven't raised the rent in "a number of years", you can increase it by a fair bit. You can use this calculator to see what increase you can apply based on the date the rent was last set.



  • Registered Users Posts: 5,368 ✭✭✭ JimmyVik


    I know a few people who have done this with corporates. Also with the council.

    Rent controls dont apply. RTB have nothing to do with you either.



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  • Registered Users Posts: 1,540 ✭✭✭ dennyk


    The RTA doesn't apply to lets to the councils, true. I suspect the corporate rental thing is just flying under the radar because no one in the chain cares enough to file a complaint about it; the tenant isn't the one paying the bill and a multinational isn't going to waste their time quibbling over a couple hundred euro a month in rent for a key employee.



  • Registered Users Posts: 5,368 ✭✭✭ JimmyVik


    Well according to the RTB themselves and at least one solicitor that i know about it doesnt apply to corporate lets.

    But best the op checks with their own experts rather than us internet experts :)



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