What defines a tenant and rights of the owner

LJ12345 wrote: »

I’m finding this hard to believe. Where did you hear it? Airbnb have the payment information for these holiday homes and those payment details are associated with a separate ‘home’ address. I understand if a dispute arises after the Airbnb term and can be proved by the owner the renter can be charged by Airbnb. If they decide to stay on and they’re not invited to stay there, they’re trespassing.

At some point its hard to tell the difference between a tenant or a licensee. As far as the RTA is concerned, 90 days to a single person who had exclusive use of the property is not a holiday let. Its a tenancy.

Ignoring that, once they are in, have keys and have moved their stuff in, you can't rock up and turf it all onto the street. In most cases they are prepared to get physical and in the end, you went up and assaulted them. You have to go through the process, which takes months to years. Our police force will not lift a finger, its for the courts to decide.

This isn't even a Irish problem and why would Airbnb advertise it. They can try to charge the person, who can just cancel their card or ignore the bills. In reality, once the tenant overholds its your problem from that point onwards.

Since eviction has to go to the RTB first, then onto the courts and most airbnb landlords are effectively absentee from what I can see, its the perfect system for abuse and the usual crowd in Ireland picked up on it.

Claw Hammer wrote: »

Irish law requires a tenancy to be founded on contract between the parties

Irish law requires exclusive use of the property and the RTA was amended in 2018 for short term lets. The Gaurd will remove somebody from a hotel room or BNB because they are clear in what they do and where they stand, they will not go to a "AirBnb" that somebody has been living in for months and remove them and their belongings without a court order. Its a civil dispute.

And again, I'm not saying you can't evict them. I'm saying that the second those waters get muddied, its hands off by everybody until you prove otherwise in a court.

Of course if you have the correct planning permission, have a license, rent on short term contracts to people on holiday in Ireland, have cleaners in regularly while they are staying there and have a door security system that lets you cut access, the guards might actually do something or ignore the requests to re-enter the property.

Claw Hammer wrote: »

The residential tenancies acts were not amended in 2018.

My apoligies, the residential tenancies act was amended in 2019 to address the AirBnB situation.

http://www.irishstatutebook.ie/eli/2019/act/14/section/38/enacted/en/html

"‘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.”."

Once you go past 2 weeks and have exclusive use of the property what exactly says you are not a tenant.