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

Old diesel · 15-05-2019 12:30pm

Claw Hammer wrote: »

Redo22 wrote: »

Oh god so I have to pay tens of thousands to renovate when I’ll never get it back? Could I not just change my mind and sell it?

You are caught in a trap. You may have to invite the tenant back first! As it stands, if the work is not done the tenant can complain and recover damages.

I would recommend legal advice

tvjunki · 15-05-2019 3:36pm

Claw Hammer wrote: »

You are caught in a trap. You may have to invite the tenant back first! As it stands, if the work is not done the tenant can complain and recover damages.

At the minute if the work takes longer than 6months the house does not have to be offered back to the tenant. They want to change this from 6months to 12months.
What happens if you had a bad tenant and left the place in a mess and you gave them notice to leave due to substantial change. Are you supposed to offer the house back to them?

Claw Hammer · 15-05-2019 4:08pm

tvjunki wrote: »

At the minute if the work takes longer than 6months the house does not have to be offered back to the tenant. They want to change this from 6months to 12months.
What happens if you had a bad tenant and left the place in a mess and you gave them notice to leave due to substantial change. Are you supposed to offer the house back to them?

If your grounds for termination are for renovation, then you have to offer the place back to the tenant when the renovation is complete.

Fol20 · 15-05-2019 4:09pm

tvjunki wrote: »

At the minute if the work takes longer than 6months the house does not have to be offered back to the tenant. They want to change this from 6months to 12months.
What happens if you had a bad tenant and left the place in a mess and you gave them notice to leave due to substantial change. Are you supposed to offer the house back to them?

Personally if i had a bad tenant and their out of the house, i would prefer to take the risk and fight them with RTB than allow them back in.

Ray Palmer · 15-05-2019 4:19pm

Never sure of these changes. Do they come in instantly? If a landlords starts in good faith giving notice and the notice required increases after the fact surely it is the laws in place at the time of giving notice not the changes made afterwards. Given you may have given 6 months notice they can't hold you to a new rule about any aspect given the process started

Fian · 22-05-2019 10:09am

Cross posing from a post I just made in Air bnb thread:

Looking at the version of this bill as it was passed by the Dail:

==

2 year period between rent reviews was extended until 1 January 2022, had been scheduled to automatically drop before then. could easily be extended again before that date is reached unless RPZs are extended nationwide.

==

Error in section 19(5) has been corrected so that properties which were first let out after 25 Dec 2016 will now have the RPZ limits applied to them. Currently if a property was not rented before this date it was permanently outside of the RPZ 4% per annum limit, this has been fixed. Hopefully this will not have too much impact on new supply/building, we will see.

==

Section 8(2) is the big one:

(2) Notwithstanding subsection (5) of section 24A of the Act of 2004 or any order made
thereunder, the period specified in any such order to be the period during which an
area shall stand prescribed as a rent pressure zone shall expire on 31 December 2021.

This would appear to extend all RPZs to 31 December 2021 but also cause all RPZs to expire on 31 December 2021, unless primary legislation is enacted to prevent this from occurring in the interim. It would appear to be no longer open to a Minister to extend the RPZs by order beyond this date. Only the Oireachtas can do so and only by amending the legislation. Of course there is plenty of time to bring in such legislation before that date is reached.

==

the legislation also changes the criteria for RPZs by excluding the dublin area from the "national average" the area is compared to for the purpose of qualifying as an RPZ.

GGTrek · 05-06-2019 7:53pm

The bill was signed by the President on the 24th of May 2019 and has become law called "RESIDENTIAL TENANCIES (AMENDMENT) ACT 2019":
http://www.irishstatutebook.ie/eli/2019/act/14/enacted/en/print.html

Three weeks ago my last tenant left, so good luck to all the landlords. Some chunks of the statute are subject to the Minister of Housing Commencement notices (I believe the short term lettings regulation is one of them).

rightmove · 05-06-2019 9:01pm

GGTrek wrote: »

The bill was signed by the President on the 24th of May 2019 and has become law called "RESIDENTIAL TENANCIES (AMENDMENT) ACT 2019":
http://www.irishstatutebook.ie/eli/2019/act/14/enacted/en/print.html

Three weeks ago my last tenant left, so good luck to all the landlords. Some chunks of the statute are subject to the Minister of Housing Commencement notices (I believe the short term lettings regulation is one of them).

Hope voters don't forget how government messed this up totally

Uriel. · 05-06-2019 9:11pm

Am I reading it correctly that Landlords have to register a tenancy now every year? And does a registration fee apply each year?

The_Conductor · 06-06-2019 7:33am

Certain segments of the market might see a small benefit from this- I can see renting to students who aren't going to stay longer than 9 months- taking off in close proximity to 3rd level institutions. Landlords can still charge the going rate for the 9 months- and then perhaps airbnb it for the summer- where once they would have aimed to have a fulltime tenant in as long as possible to minimise the upkeep on the property. Of course neighbours will be furious if this happens- but c'est la vie.

overkill602 · 06-06-2019 8:55am

if renting a house in rpg territory it students all the way now have to avoid anything that might be a social liability in the current regulated market

The_Conductor · 06-06-2019 9:12am

Now to figure how to get the most responsible students you can get- who won't destroy the property, won't piss off the neighbours too much, don't party- and don't create mayhem. Insisting on a deepclean with a named company at the end of the 9 months- is probably crucial- esp. if the landlord wants to keep up the standard of the property.

The new rules are going to make it so much harder for ordinary decent tenants to find anything- as any sane landlord who doesn't want to let to students- would be nuts to continue in the sector- they'd be considerably better off to sell up ASAP.

Its staggering that no-one in the Department seems to have thought this through.

Fol20 · 06-06-2019 10:01am

On the flip side, at least i cant see rents dropping any time soon. All these new laws do nothing to increase supply but will rather limit it further.

I dont see any mention of the annual payment to the RTB. Is this coming in also or later in the year?

machalla · 06-06-2019 10:32am

I'm not sure if this proves your point or not as this may be reasonably good value for the area?

New Dublin city apartments will cost €3,700 a month to rent

The_Conductor · 06-06-2019 10:37am

machalla wrote: »

I'm not sure if this proves your point or not as this may be reasonably good value for the area?

New Dublin city apartments will cost €3,700 a month to rent

Apples and Oranges comparison.
The units in Opus are exceptionally high end and geared towards corporate and executive lettings- they're not intended for mere mortals like you or I.........

GGTrek · 06-06-2019 10:48am

Fol20 wrote: »

On the flip side, at least i cant see rents dropping any time soon. All these new laws do nothing to increase supply but will rather limit it further.

I dont see any mention of the annual payment to the RTB. Is this coming in also or later in the year?

It depends on Minister commencement order. Murphy said on the papers that it will start January next year, but who knows, he is being spouting a lot of dates in the past 18 months and he just could not keep up with most of them due to admin processes taking time. This one really depends on RTB registration overhaul and given the RTB track record on admin changes in my opinion it will take longer than 7 months but it will happen since it is a substantial increase of revenue for the RTB (on the skin of landlords as usual) which has been sold to the public through a BS argument of having better track record of tenancies (if they really wanted a better track record, they could have just asked for an annual review of the tenancy record subject to a fine if not provided, instead of asking 40 eur extra each year!

)

tvjunki · 06-06-2019 12:18pm

GGTrek wrote: »

It depends on Minister commencement order. Murphy said on the papers that it will start January next year, but who knows, he is being spouting a lot of dates in the past 18 months and he just could not keep up with most of them due to admin processes taking time. This one really depends on RTB registration overhaul and given the RTB track record on admin changes in my opinion it will take longer than 7 months but it will happen since it is a substantial increase of revenue for the RTB (on the skin of landlords as usual) which has been sold to the public through a BS argument of having better track record of tenancies (if they really wanted a better track record, they could have just asked for an annual review of the tenancy record subject to a fine if not provided, instead of asking 40 eur extra each year! )

They were getting €90 every 4years now it is every 6 years. It will be €240 instead of €90 per tenancy.
RTB have been asking for money and that they need to recruit more staff. They have got their wish.
It is a money thing and it looks good for the tds that pushed this through.

This is the goverments wish is to get the small landlords out of the market...it is working. Those properties are not being rented out but are either sitting waiting to be sold or empty. Those that buy these properties will be owners as any one thinking of getting into the landlord business will think twice.

Tenants will regret this. All those on HAP(or trying to get the windfall of HAP) will definately have difficulties. What happens if the HAP is reduced as in the middle of the recession?
Many landlords took the hit and topped up the mortgage to hold the tenants. Big companies (Reits or housing trusts)will tell the tenant to leave. They will not be worried about where the tenants go. That is what is happening in the UK at the moment.

There is nothing in this change in legislation for a landlord.
Anyone that has an apartment will have difficulty with substantial change now.
Why did they get involved in the first place? This is just crazy.

machalla · 07-06-2019 2:54pm

Can someone clarify something for me on the legislation as I'm unclear. The definition of short term lettings is below, "a period not exceeding 14 days".

Under this reading then if you let a property in an RPZ for 15 days or more (even if it is not your PPR) this is not a material change of use and thus isn't classified as short term letting requiring planning permission. Therefore its exempt from these regulations? Or am I misreading this?

At what point above 14 days does this become a tenancy, requiring registration with the RTB? 6 months and above?

Amendment 38 - 3a

"‘short term letting’ means the letting of a house or part of a house for any period not exceeding 14 days, and includes a licence that permits the licensee to enter and reside in the house or part thereof for any such period in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor.”

The_Conductor · 07-06-2019 3:39pm

My reading of the legislation suggests that other than student accommodation (which requires separate planning permission)- any short term letting of over 14 days- would have to be notified to the RTB. In addition- even short term lettings- are now fully subject to the 2004 Residential Tenancies Act (as amended)- and licencees in short term lets- acquire identical rights to a tenant in a similar situation.

Short term letting has gotten very very dodgy!!!!!

For all intents and purposes- this is the end of Airbnb/booking.com etc in Ireland.

Graham · 07-06-2019 4:14pm

The_Conductor wrote: »

For all intents and purposes- this is the end of Airbnb/booking.com etc in Ireland.

"Airbnb is described as a sharing economy platform for individuals to share extra space in their homes"

I don't see anything in the legislation that prevents that.

The_Conductor · 07-06-2019 4:18pm

Graham wrote: »

"Airbnb is described as a sharing economy platform for individuals to share extra space in their homes"

I don't see anything in the legislation that prevents that.

the letting of a house or part thereof for any period not exceeding 14 days in a rent pressure zone is a material change in the use of the house or part and for that purpose to amend the Planning and Development Act 2000; and to provide for related matters

I.e. you can't rent a house or part thereof- in an RPZ- without applying for a change of use from the local authority (presumably from residential to commercial use).

Its only specifically outlawed in RPZ areas- however, these now cover most of our major population densities- you can still use Airbnb to let your holiday home in rural Kerry (for example)- but not a room in your home in Dublin..........

Fian · 07-06-2019 4:20pm

The_Conductor wrote: »

My reading of the legislation suggests that other than student accommodation (which requires separate planning permission)- any short term letting of over 14 days- would have to be notified to the RTB. In addition- even short term lettings- are now fully subject to the 2004 Residential Tenancies Act (as amended)- and licencees in short term lets- acquire identical rights to a tenant in a similar situation.

Short term letting has gotten very very dodgy!!!!!

For all intents and purposes- this is the end of Airbnb/booking.com etc in Ireland.

Could you explain your reasoning for this please? Particularly the view that <6 month tenancies are now part IV tenancies and that licencees in <14 day stays acquire part IV rights as well.

Graham · 07-06-2019 4:21pm

Last time I investigated something in the order of 95% of AirBnB lettings were less than 12 days.

The_Conductor · 07-06-2019 4:32pm

Graham wrote: »

Last time I investigated something in the order of 95% of AirBnB lettings were less than 12 days.

Yes- thats accurate- however, now- short term lets for 14 or fewer days- require a change of use for the property (if its in an RPZ).

The knux of the issue here- is it does actually stop people letting their apartment for a couple of days while they're on holidays- or go away for the weekend (or whatever)- or even if they're not going anywhere- and only letting a room- it specifically states that in an RPZ it entails a change of use of the property (that is it is no longer considered a residential property- it is considered a commercial unit).

The cat among the pigeon in my eyes- is how this marries with the likes of the rent-a-room scheme- where you can let a room (or indeed- a whole segment of your home) to whomsoever you choose and earn up 14k taxfree per annum.

The amendment to the RTA- specifically excludes this activity in an RPZ- *unless you apply to the local authority for a change of use for the property under the Planning Act*.........

I just don't see that this amendment is plausible- when considered with other schemes- such as the rent-a-room scheme- especially as it imparts significant rights on Licencees that they do not have at present- and it could actively discriminate against an owner-occupier in their own home.

Graham · 07-06-2019 4:43pm

The_Conductor wrote: »

Yes- thats accurate- however, now- short term lets for 14 or fewer days- require a change of use for the property (if its in an RPZ).

No change of use required if it's the hosts primary residence.

There's very little (if any) noticeable change for people 'sharing' their homes.

The_Conductor · 07-06-2019 4:49pm

Graham wrote: »

No change of use required if it's the hosts primary residence.

There's very little (if any) noticeable change for people 'sharing' their homes.

I'm desperately reading through the amendment- to try and find a section which specifically protects an owner occupier- and doesn't impart the suggested rights on a licensee in their home- but I can't find anything. If you have the article/section that makes this distinction- I'd love if you could bring it to my attention.

We critically need a consolidated version of the Residential Tenancies Act- its near impossible to try and follow all the amendments, including the current amendments- to the core Act.

Graham · 07-06-2019 5:14pm

It was in the original accouncement

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

I'll see what I can find in the amendment, it may be that there's nothing that 'protects' an owner occupier, it's quite likely there are only specific parts that apply to an owner occupier.

Agreed about the consolidated RTA.

[Deleted User] · 07-06-2019 5:22pm

The_Conductor wrote: »

the letting of a house or part thereof for any period not exceeding 14 days in a rent pressure zone is a material change in the use of the house or part and for that purpose to amend the Planning and Development Act 2000; and to provide for related matters

I.e. you can't rent a house or part thereof- in an RPZ- without applying for a change of use from the local authority (presumably from residential to commercial use).

Its only specifically outlawed in RPZ areas- however, these now cover most of our major population densities- you can still use Airbnb to let your holiday home in rural Kerry (for example)- but not a room in your home in Dublin..........

You can still let rooms in your own home.

Samuel T. Cogley · 07-06-2019 5:30pm

Deleted User wrote: »

You can still let rooms in your own home.

Can you link to where the amendment says this. My reading of the Act, which I'm happy to be corrected on, does not allow a house or any part there of to be let on a short term basis without a change of use, in a RPZ.

To be fair this could be intentional forcing people to avail of RAR rather than AirBnB.

[Deleted User] · 07-06-2019 5:44pm

Samuel T. Cogley wrote: »

Can you link to where the amendment says this. My reading of the Act, which I'm happy to be corrected on, does not allow a house or any part there of to be let on a short term basis without a change of use, in a RPZ.

To be fair this could be intentional forcing people to avail of RAR rather than AirBnB.

“ 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

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

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