Annual Registration & further Part4

The Annual Regstration is supposed to be for the RTB to capture more accurate data regarding tenancies, or that is the party line. Basically it is a 40 Euro fee every year as opposed to the 90 at the beginning of the tenancy. Another way to extract more money from landlords and give them extra work as well.

I think you are confusing the Annual Registration FEE (which came into effect April 2022) with indefinite tenancies (which came into effect Dec 2021?). Indefinite tenancies are any new tenancies that come into effect starting June 2022 (these will no longer have a cycle of 4 or 6 years) but will have to rely on the other reasons for termination i.e. sale ... etc.

He will have to pay the fee in Dec. 2022. He can still give the notice with the required period in 2023. As they are increasing the notice periods I would suggest he issues it early 2023 (he can provide more notice than the min statutory give by law). Then when the tenancy terminates in 2023 he will register a new tenancy (this one if he continues will be the indefinite tenancies). The RTB is supposed to be provided with a copy of his notice to the tenants but they are already swampped so cant see this will be handled well but sure we will see.

Sorry I seem to have added to your confusion.

Annual Registeration is a form informing the RTB that the tenancy still exists along with a fee of 40 Euro to be paid every year of the tenancy instead of the once off at the commencement of the tenancy which was 90 Euro. Basically the RTB records are a mess and they are charging landlords 40 Euro to get them in order.

Indefinate tenancies is a totally different thing and that is for new tenancies starting June 2022. All new tenancies can not be terminated at the end of part 4 or part 6 cycles. If landlord wishes to terminate has to use the other reasons.

I have attached the explination about the annual registration it might be more clear.

Not totally sure about the landlord informing the tenant about indefinite leases.

I have a notice to register an existing 6 yr p4 its a house share some are leaving but I have being notified of replacements, existing doesn't want to leave.

The option & template for ending a part 4 before a new 1 begins has disappeared on the site.

even though unlimited starts on the 11/6

First Post, but irosion of property ownership continues.

Will seek to end tenancy on my return to Ireland as its my only house not listed as private residence

This can be a tricky situation, actually. If the tenancy agreement states that the tenant(s) can't take on any licensees, then this would be an option. If it doesn't, however, then there's nothing preventing the current tenant from bringing in new housemates as their own licensees rather than as co-tenants directly; that does not require the approval of the landlord under the law. The law only requires that the landlord be informed of the names of anyone living in the property; it doesn't give them the statutory right to veto such licensees.

Also, if the main tenant has Part 4 rights, those licensees can request to be made full tenants at any time, and the landlord cannot unreasonably refuse their request. When they become full tenants, their time as licensees counts towards their acquisition of Part 4 rights themselves. This means that, absent a clause in the current tenant's agreement explicitly prohibiting licensees, the tenant can being whoever they want into the property as a licensee (which the landlord has no control over if bringing in such licensees isn't a breach of the tenant's agreement), then six months later those licensees can request to become tenants (which the landlord can't refuse unless they have a very good reason) and they will instantly gain Part 4 rights at that time, and those rights will then remain in effect even if the original tenant later leaves the property.

Almost invariable leases do not allow sub letting or assignment without the concurrence of the landlord, Furthermore there is a statutory restriction on sub-letting vwithout consent and a requirement to notify the landlord of any person ordinarily resident in the dwelling.

With regard to licensee of part 4 tenants when they become tenants the part 4 period is deemed to commence when the original tenant moved in. All tenants have the same part 4 rights.

It's important to note that taking on a licensee is not subletting, even though many people incorrectly use that term in that way. Subletting is when the primary tenant vacates their rented property entirely and lets the entire property out to a subtenant while maintaining their original lease with the property owner. That practice does require the permission of the landlord per the RTA. The RTA, however, does not place any such restrictions on tenants taking in a licensee in their rented property; the only stipulation in the law is that landlords must be notified of the names of any occupants living permanently in the dwelling. The law does not explicitly give landlords the right to object to such occupants or demand that they leave the property. However, if the lease agreement prohibits taking in a licensee without the landlord's consent, then doing so would be a breach of the tenancy agreement and thus grounds for termination if not corrected. (If the lease simply prohibits "subletting" without expanding on the meaning of that term, that isn't likely to be sufficient, though, as absent something in the agreement itself to the contrary, the RTB is likely to go by the legal definition of that term, which doesn't cover tenants taking in a licensee while continuing to reside in the property themselves.)

leases generally use the phrase "the tenant shall not assign, sublet, share or otherwise part with possession without the express written consent of the alndlord in addition to prohibiting the carrying on of a business or the taking in of paying guests. taking in a licencee is carrying on a business since the income is the tenants and not the landlords.

Drafting legal documents is a job for your solicitor. If you don't have a solicitor advising you and you're planning to get into the landlord business, that's probably an oversight that should be corrected quickly, before any serious damage is done.

I actually discussed this with a solicitor.

The bottomline in his opinion is you cannot prevent the tenants from creating licencees as this is a right of exclusion surrendered to the tenants inherently by lease. Terms trying to prevent this are not enforceable and in any professionally prepared lease, you will not find terms like this.

However the tenants must inform you of persons occupying in the property. Also if there is too many persons residing in the property, you can issue notice based on this.

@mrslancaster Here is the link regarding the indefinite tenancies. https://www.rtb.ie/tenancies-of-unlimited-duration. Also check the frequently asked questions as it sheds light on the situation with regard to existing tenancies.