Boards.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more x
Post Reply  
 
 
Thread Tools Search this Thread
19-05-2020, 21:24   #31
Claw Hammer
Registered User
 
Join Date: Nov 2013
Posts: 3,120
Quote:
Originally Posted by nox001 View Post
Leaving the rent a room relief aside I cant honestly see how a person renting a room could be given RTA rights once an owner has maintained a room and some sort of regular use of it i.e. staying there most/every weekend.

.
I was at an RTB adjudication where that very thing happened.
Claw Hammer is online now  
Advertisement
19-05-2020, 21:25   #32
Claw Hammer
Registered User
 
Join Date: Nov 2013
Posts: 3,120
Quote:
Originally Posted by LJ12345 View Post
There’s rent a room leases and entire property leases. The rule in the uk is if you do not have the right to all 4 corners of the property then you’re not leasing the entire house and the landlord has access to the areas kept for themselves. I haven’t seen any mention of anything surrounding the rules on this in Ireland, anyone any insight?
This is not the UK. We left in 1922.
Claw Hammer is online now  
19-05-2020, 21:27   #33
nox001
Registered User
 
Join Date: Sep 2007
Posts: 22,682
Quote:
Originally Posted by Claw Hammer View Post
I was at an RTB adjudication where that very thing happened.
How did they justify it when the rules of the RTA could not be met. The Owner is entitled to enter the house, stay in the house and do as he pleases in house going against a large amount of the RTA. How often was the owner staying in the house?

I would assume immediately after the adjunction the “tenant” was given notice as the owner required the room back for his own use.
nox001 is offline  
19-05-2020, 21:30   #34
Claw Hammer
Registered User
 
Join Date: Nov 2013
Posts: 3,120
Quote:
Originally Posted by nox001 View Post
How did they justify it when the rules of the RTA could not be met. The Owner is entitled to enter the house, stay in the house and do as he pleases in house going against a large amount of the RTA.

I would assume immediately after the adjunction the “tenant” was given notice as the owner required the room back for his own use.
The finding was that the tenant was a tenant of that room with shared services.
What happened after that was the owner had to stay living with the tenant.
Claw Hammer is online now  
Thanks from:
19-05-2020, 21:33   #35
LJ12345
Registered User
 
Join Date: Dec 2013
Posts: 14
Quote:
Originally Posted by Claw Hammer View Post
This is not the UK. We left in 1922.
Very constructive thanks
LJ12345 is offline  
Advertisement
19-05-2020, 21:36   #36
Claw Hammer
Registered User
 
Join Date: Nov 2013
Posts: 3,120
Quote:
Originally Posted by LJ12345 View Post
Very constructive thanks
You are welcome.
Claw Hammer is online now  
19-05-2020, 21:49   #37
curious minds
Registered User
 
curious minds's Avatar
 
Join Date: May 2020
Posts: 11
Quote:
Originally Posted by Claw Hammer View Post
I was at an RTB adjudication where that very thing happened.
Where is this adjudication? any name? so we can read the report and figure out the grounds on which RTB made the adjudication
curious minds is offline  
19-05-2020, 21:55   #38
dennyk
Registered User
 
dennyk's Avatar
 
Join Date: Jul 2015
Posts: 1,102
Keep in mind there are different rules and criteria for the Rent-a-Room tax relief scheme and for determining whether a rental is a license or a tenancy; a license agreement can still exist in certain circumstances even if the rental in question doesn't qualify for the Rent-a-Room scheme by Revenue's standards. The landlord keeping a room for his own regular use may be enough for the RTB to deem the arrangement a license agreement even if it is not the landlord's primary residence and therefore doesn't qualify for Rent-a-Room tax relief.
dennyk is offline  
20-05-2020, 11:23   #39
Claw Hammer
Registered User
 
Join Date: Nov 2013
Posts: 3,120
Quote:
Originally Posted by curious minds View Post
Where is this adjudication? any name? so we can read the report and figure out the grounds on which RTB made the adjudication
Only Determination Orders are published in respect of adjudications, which are private in any case.
Claw Hammer is online now  
Advertisement
31-05-2020, 19:01   #40
LJ12345
Registered User
 
Join Date: Dec 2013
Posts: 14
Useful information for this thread. 3rd point on the types of licensee arrangements

Link: https://onestopshop.rtb.ie/beginning...ents/licences/
Attached Images
File Type: png C08F90AE-3AB5-4355-AD5C-F97F3475F01A.png (479.5 KB, 13 views)

Last edited by LJ12345; 31-05-2020 at 19:10.
LJ12345 is offline  
Thanks from:
Post Reply

Quick Reply
Message:
Remove Text Formatting
Bold
Italic
Underline

Insert Image
Wrap [QUOTE] tags around selected text
 
Decrease Size
Increase Size
Please sign up or log in to join the discussion

Thread Tools Search this Thread
Search this Thread:

Advanced Search



Share Tweet