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Tenancy licence for short let

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  • 15-06-2019 9:35pm
    #1
    ckblackrock
    Registered Users Posts: 35 ✭


    Due to increasing lack of protection for landlords and to avoid the risk of getting tenants who stop paying rent and then can’t be evicted, I plan on changing my only rental property from long term to terms of 1 to 3 months max. Am planning on only renting to recently arrived non-nationals in Ireland for short study or work gigs. I think I would probably be safer going with a licence agreement rather than a tenancy and will include all utilities plus a weekly housekeeping service. Is anyone doing this? Am considering using Spotahome. Anyone have any eexperience of this platform? and/or recommend it? Also, any idea as to where I could find a template for a residential licence?
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    #2
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    Sorry neither legal advice nor precedents supplied here
    Leaving open for general discussion subject to forum rules


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    #3
    Victor
    Registered Users Posts: 78,278 ✭✭✭✭Victor


    ckblackrock wrote: »
    Am planning on only renting to recently arrived non-nationals in Ireland for short study or work gigs.
    Have you heard of the Equal Status Acts?


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    #4
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    ckblackrock wrote: »
    Am planning on only renting to recently arrived non-nationals in Ireland for short study or work gigs.
    You could only post it to Facebook pages that have non-nationals, but on the flip side of the coin, if they leave your place in a jock you won't have any luck tracking them down.

    Also, if they overstay the 3 months, what then?


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    #5
    ckblackrock
    Registered Users Posts: 35 ✭ckblackrock


    the_syco wrote: »
    You could only post it to Facebook pages that have non-nationals, but on the flip side of the coin, if they leave your place in a jock you won't have any luck tracking them down.

    Also, if they overstay the 3 months, what then?

    Well, if Irish tenants trash the place you hav zilch chance of getting any compensation even if you do track them down


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    #6
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    If your property is of an appropiate standard and loction you could go for prodessional letting.

    If you are trying to dodge the legistation you need to understand what you can or can not do.


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    #7
    ckblackrock
    Registered Users Posts: 35 ✭ckblackrock


    Glass fused light wrote: »
    If your property is of an appropiate standard and loction you could go for prodessional letting.

    If you are trying to dodge the legistation you need to understand what you can or can not do.

    The property is not in an area suitable for “executive” short lets unfortunately. Thinking renting by the room, tenants to have no exclusive use of anywhere other than own room and all rooms to have housekeeping service. Which is why looking for advice on licence contract for tenancy as opposed to a lease.


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    #8
    mr_cochise
    Registered Users Posts: 174 ✭✭mr_cochise


    I wonder is the service that you want to provide more in line with say a hotel/holiday home setting but with a minimum and maximum booking period.


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    #9
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    mr_cochise wrote: »
    I wonder is the service that you want to provide more in line with say a hotel/holiday home setting but with a minimum and maximum booking period.

    B&B /hotels are regulated and need a change of use planning permission.


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    #10
    mr_cochise
    Registered Users Posts: 174 ✭✭mr_cochise


    That's my wondering ended! :)


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    #11
    TSQ
    Registered Users Posts: 283 ✭✭TSQ


    mr_cochise wrote: »
    That's my wondering ended! :)

    Only regulated for stays under 2 weeks. Over 2 weeks you can offer all the same facilities without planning.


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    #12
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    ckblackrock wrote: »
    Glass fused light wrote: »
    If your property is of an appropiate standard and loction you could go for prodessional letting.

    If you are trying to dodge the legistation you need to understand what you can or can not do.

    The property is not in an area suitable for “executive” short lets unfortunately. Thinking renting by the room, tenants to have no exclusive use of anywhere other than own room and all rooms to have housekeeping service. Which is why looking for advice on licence contract for tenancy as opposed to a lease.

    If you have a standard dwelling, you can more or less forget about avoiding the RTA unless you meet one of the exceptions in the act. You should consult a solicitor if you need clarification on this.

    There are new rules as others have mentioned in regards short term lets but there is existing legislation regarding the planning permission of the property and for a dwelling, the general rule across the councils is you need one resident to satisfy the "use" of a dwelling. You can clarify the acceptable uses with the council that issued your planning permission.


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    #13
    TSQ
    Registered Users Posts: 283 ✭✭TSQ


    davindub wrote: »
    .......
    .
    There are new rules as others have mentioned in regards short term lets but there is existing legislation regarding the planning permission of the property and for a dwelling, the general rule across the councils is you need one resident to satisfy the "use" of a dwelling. You can clarify the acceptable uses with the council that issued your planning permission.

    Of course.. hadnt thought of that.


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    #14
    Spook_ie
    Registered Users Posts: 10,896 ✭✭✭✭Spook_ie


    Could you not keep one bedroom for your own exclusive use and let rest out as licensees, you might need legal advice as to how often you'd need to stay overnight yourself to comply with it being your residence but you should also then get to avail of rent a room tax allowances?


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    #15
    ckblackrock
    Registered Users Posts: 35 ✭ckblackrock


    Spook_ie wrote: »
    Could you not keep one bedroom for your own exclusive use and let rest out as licensees, you might need legal advice as to how often you'd need to stay overnight yourself to comply with it being your residence but you should also then get to avail of rent a room tax allowances?

    Yes, i had considered doing that... or just letting sunday night to fri morning, for someone working in Dublin on contract it might suit. If i was really dishonest, i could of course also claim the rent a room tax credit, but i am totally against tax evasion. It would be nice though if the govt was prepared to vindicate my economic and property rights, by allowing fast track eviction of tenants for non payment of rent or serious property damage.


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