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

Claw Hammer · 14-05-2019 1:56pm

Fol20 wrote: »

Dont spend your money if you cant get increase. No point sure.

If you don't do the work, the tenant can make a complaint of wrongful eviction and you will be ordered to pay damages.

Redo22 · 14-05-2019 2:24pm

Claw Hammer wrote: »

If you don't do the work, the tenant can make a complaint of wrongful eviction and you will be ordered to pay damages.

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?

Samuel T. Cogley · 14-05-2019 2:30pm

Old diesel wrote: »

Alternative view - someone currently renting at silly money could have the same house on a mortgage at less per month.

Edit I don't mean the current tenants but someone currently renting somewhere might be in the market

That's currently happening. Markets not too bad if you want to buy, but renting is fecked. Not everyone can or should buy. There has to be a balance.

Old diesel · 14-05-2019 2:42pm

CoffeeBean2 wrote: »

Old diesel wrote: »

Alternative view - someone currently renting at silly money could have the same house on a mortgage at less per month.

Alternative view - that LL keeps the property, but leaves it empty, as an investment, so as to keep pace with property value, but not have the trouble of tenants!

But if that happens, maybe the government should take the property off the LL as it is unused and good decent people need it!

Where do you draw the line? What about all the people out their with saving sitting in the bank not getting used. Maybe the government should take that and give it to people that could use it more. What about unused bedrooms in private houses?

After all people couldddo with those savings and also unused beds!

Private individuals should not be held accountable for the governments failings, just like the Irish people should not have been held accountable for the banks failings. It happens before, it could happen again!

The poster implies he will sell it......

He could choose to keep it empty - and presumably if significant amounts of people choose to do that then Govt will have to consider incentives to sell or rent out.

Hopefully we wont need to CPO

DubCount · 14-05-2019 2:56pm

Samuel T. Cogley wrote: »

That's currently happening. Markets not too bad if you want to buy, but renting is fecked. Not everyone can or should buy. There has to be a balance.

Correct. Central Bank mortgage rules are keeping a lid on home purchase demand, and exiting landlords are adding to the supply side. The lack of housing supply is building up in the rental sector where more tenents are coming into the market, and institutional investors are not keeping pace with small landlords getting out.

If you dont have the income/deposit for a mortgage, you're in a scrap with all those like you who are fighting to get a rental from a contracting supply. This type of measure helps the first time buyer market, but it only makes life harder for tenants that cant afford home ownership. Any legislation that fails to deliver extra housing supply, is not helping tenants - its hurting them (though thats not the spin they are hearing).

CoffeeBean2 · 14-05-2019 3:06pm

Old diesel wrote: »

then Govt will have to consider incentives to sell or rent out.

Incentives for LLs? Don't count on it, it's all stick.

Remember the last budget? The gov increased mortgage interest relief (or something like that) and the media went mad saying the gov should be bullding houses and not giving a penny to LLs!

The gov will just get bad media, protests, and lose votes, if they ever give a LL anything other than the stick.

Fol20 · 14-05-2019 3:37pm

Claw Hammer wrote: »

If you don't do the work, the tenant can make a complaint of wrongful eviction and you will be ordered to pay damages.

What are the nee regulations for renovation exactly? Has legislation being brought in or just being discussed?

If they have passed or will pass before you work is complete - tell tenant via registered post, email and text that due to recent legislation changes, i will not be completing said jobs and cancel termination. Your then giving tenant choice to stay as you have no benefit out of it

If it hasnt passed yet by the time works are completed. Ensure you have all your tradesmen in gear to complete asap.

Fol20 · 14-05-2019 3:43pm

CoffeeBean2 wrote: »

Incentives for LLs? Don't count on it, it's all stick.

Remember the last budget? The gov increased mortgage interest relief (or something like that) and the media went mad saying the gov should be bullding houses and not giving a penny to LLs!

The gov will just get bad media, protests, and lose votes, if they ever give a LL anything other than the stick.

They really shot themself in the foot with this. They had already started to roll back this by 5pc per year and were over the initial media hump for giving ll something a year or two beforehand. They should have just let this tip away under the radar without it bringing this back to the media attention.

I was hoping they would allow lpt as an expense among a few other things.

Instead tenants are angered because ll are getting something(they were going to get it anyway at a slower pace)

The government are down more money as this will dent their tax intake a good bit for the next few years.

The ll also feel like they got nothing as this was already coming all be it at a slower pace.

The government have acknowledged that if give too much stick, it will force more ll out however their actions speak louder than their words.
Your dead right. Anything for ll may loose them votes however by not doing it, your hurting the people of nation.

tvjunki · 14-05-2019 10:24pm

Well this is coming down the line as well as long notice periods. Increase in notice from 30 days to 120 etc.
Any T D that comes to my front door will be run from it. Why should the small time landlord suffer? No one complained when landlords were getting little or nothing in rent in the recession.
If you have to sell with a sitting tenant your house will be devalued as only those in the landlord business will buy it or cash buyers. Not a good position if you bought at the height of the market and held out.

Claw Hammer · 15-05-2019 12:23pm

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.

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.

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.

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

Samuel T. Cogley · 07-06-2019 5:45pm

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.

07-06-2019 6:05pm

“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 · 07-06-2019 6:10pm

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 · 07-06-2019 6:11pm

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 · 07-06-2019 6:28pm

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 · 07-06-2019 6:39pm

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.

07-06-2019 6:43pm

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 · 07-06-2019 6:48pm

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 · 07-06-2019 8:38pm

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.

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

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