Letting a rented property

buuumbaaa

Hello, I have a beauty salon and above that I have a small apartment and I pay for both property s together to my agent, I pay 450 for the small apartment, we were meant to expand our salon onto the second floor but u fortunately we changed our minds, I'm renting both property s and I have a lease agreement with the agent for 4 years, so instead of having the apartment empty I decided to rent it out to my Daughter, but am I allowed to do that if its not owned by me, if I'm just renting it am I allowed to re rent it to somebody else ?
Because my daughter is moving there soon enough and she needs a lease agreement because she's planning to apply for rent allowance, but am I allowed to re rent somebody's property?

4ensic15

buuumbaaa wrote: »

Hello, I have a beauty salon and above that I have a small apartment and I pay for both property s together to my agent, I pay 450 for the small apartment, we were meant to expand our salon onto the second floor but u fortunately we changed our minds, I'm renting both property s and I have a lease agreement with the agent for 4 years, so instead of having the apartment empty I decided to rent it out to my Daughter, but am I allowed to do that if its not owned by me, if I'm just renting it am I allowed to re rent it to somebody else ?
Because my daughter is moving there soon enough and she needs a lease agreement because she's planning to apply for rent allowance, but am I allowed to re rent somebody's property?

What does your lease say about subletting or parting with possession?

buuumbaaa

4ensic15 wrote: »

What does your lease say about subletting or parting with possession?

Doesn't say anything about that, just signature, names, amount to pay and few rules on furniture and stuff like that

quadrifoglio verde

If your daughter is paying the rent to you, she won't be able to get rent allowance

Mrs OBumble

What planning permission applies to the flat? If it was rented to you on the expectation that it was to be used for commercial premises, then I assure there is planning for this. In which case, it may not be approved for residential use any more.

Also - how is it fitted out, are the minimum legal requirements for rental units in place?

4ensic15

buuumbaaa wrote: »

Doesn't say anything about that, just signature, names, amount to pay and few rules on furniture and stuff like that

You can sublet to you daughter but you will be your daughters landlord which may cause problems with the welfare. One way around it would be to use different surnames and the welfare mightn't cop that you are related.

zef

4ensic15 wrote: »

You can sublet to you daughter but you will be your daughters landlord which may cause problems with the welfare. One way around it would be to use different surnames and the welfare mightn't cop that you are related.

Yeah, do this and have the possibility of an investigation into both you and your daughter by SW. She will have her money stopped and her cards marked with them.
OP, What I don't understand is where the rent allowance comes into all this? If the apt is there, and you are paying for it anyway, why would she need help from SW with her rent?

zef

zef wrote: »

Yeah, do this and have the possibility of an investigation into both you and your daughter by SW. She will have her money stopped and her cards marked with them.
OP, What I don't understand is where the rent allowance comes into all this? If the apt is there, and you are paying for it anyway, why would she need help from SW with her rent?

Exactly why not just let your daughter live there rent free?

Mrs OBumble

Alaric Sparse Appetite wrote: »

Exactly why not just let your daughter live there rent free?

Because it doesn't teach the kid to pay her own way in the world!

Moral hazard is the fancy word for it.



However there is a point, OP: just let it to her at a rate she can afford without RA.

Mrs OBumble

Mrs OBumble wrote: »

Because it doesn't teach the kid to pay her own way in the world!

Moral hazard is the fancy word for it.

Nonsense, the place is sitting there unused and unless the op is actually needing to rent it out because they are under financial pressure then they should just let the daughter live there rent free like a majority of parents would. The daughter can obviously pay the bills for heat, electricity etc but no need to charge rent same as parents shouldn't (well the vast majority don't) be charging rent to children living at home.

Also about the hassle of tax etc that will be involved if rent changes hands?

hdowney

Alaric Sparse Appetite wrote: »

Nonsense, the place is sitting there unused and unless the op is actually needing to rent it out because they are under financial pressure then they should just let the daughter live there rent free like a majority of parents would. The daughter can obviously pay the bills for heat, electricity etc but no need to charge rent same as parents shouldn't (well the vast majority don't) be charging rent to children living at home.

Also about the hassle of tax etc that will be involved if rent changes hands?

How do you know this? I'm not saying the OP's daughter can or can't pay her bills. I don't know her so I can't speculate. But how can you conclusively say she can pay

hdowney

hdowney wrote: »

How do you know this? I'm not saying the OP's daughter can or can't pay her bills. I don't know her so I can't speculate. But how can you conclusively say she can pay

I mean that the op could let her rent for free but make her responsible for the bills. Weather she can afford them or not is a different story.

davo10

Commercial tenancy agreements are very different from residential agreements. If your lease agreement was to expand your business upstairs then you are not covered by private residential tenancy legislation and the upstairs may be subject to commercial rates. At the very least you need to inform your landlord and inform him/her that you are subletting it as a residential property. This effects insurance/rates/tenancy rights so it is not as simple as letting your daughter move in. Planning permission is important as when the owner was doing it up it may have been designated commercial and received tax breaks. Getting RA may be difficult given that you are not the land lord nor might it pass the required standards inspection based on the fact that it is a commercial rather than a residential property.

From a practical point of view, you would need seperate esb meters and water meters. Commercial electricity and water rates are a lot higher than residential so both you and your daughter will be paying a lot more if you don't sub devide them.

Dial Hard

hdowney wrote:

How do you know this? I'm not saying the OP's daughter can or can't pay her bills. I don't know her so I can't speculate. But how can you conclusively say she can pay

I suspect the point was that she *should* pay.

Although I disagree with Nox001's stance on parents not charging their children rent. We were always expected to hand something up at home once we started working full-time. I ended up having to move home after a marriage break-up and my dad charged me about half the market rent for our area, and rightly so, imo.

buuumbaaa

Alaric Sparse Appetite wrote: »

I mean that the op could let her rent for free but make her responsible for the bills. Weather she can afford them or not is a different story.

Thanks for your answers, but my daughter is 19 years old and we are foreign people, in our country the kid goes and lives her own life and if she lives away from me then she can pay her own bills, and I'm only giving her the apartment because I don't use it, and she's moved in with her boyfriend she pays me the money that I pay to the real landlord.. She's mature enough to pay for her own place just because I'm her mother I'm not obligated to pay everything for her, its just that she's on the dole and she is doing part time course and rent allowance would be handy, she can obviously pay for rent no problem but rent allowance still be handy, save like 120 euro a month, save that money for a car or a holiday..

Michael D Not Higgins

buuumbaaa wrote: »

Thanks for your answers, but my daughter is 19 years old and we are foreign people, in our country the kid goes and lives her own life and if she lives away from me then she can pay her own bills, and I'm only giving her the apartment because I don't use it, and she's moved in with her boyfriend she pays me the money that I pay to the real landlord.. She's mature enough to pay for her own place just because I'm her mother I'm not obligated to pay everything for her, its just that she's on the dole and she is doing part time course and rent allowance would be handy, she can obviously pay for rent no problem but rent allowance still be handy, save like 120 euro a month, save that money for a car or a holiday..

You've ignored the advice already given. As previously asked/stated:

• You can't get rent supplement if you're paying rent to a parent.
• Your commercial lease may not support a residential tenant.

Edit: It is possible to get rent supplement for a property your parent isn't resident in, but proof of them being a bona fide tenant is required. Nonetheless, I doubt the DSP would authorise rent supplement in this instance.

SteM

buuumbaaa wrote: »

Thanks for your answers, but my daughter is 19 years old and we are foreign people, in our country the kid goes and lives her own life and if she lives away from me then she can pay her own bills, and I'm only giving her the apartment because I don't use it, and she's moved in with her boyfriend she pays me the money that I pay to the real landlord.. She's mature enough to pay for her own place just because I'm her mother I'm not obligated to pay everything for her, its just that she's on the dole and she is doing part time course and rent allowance would be handy, she can obviously pay for rent no problem but rent allowance still be handy, save like 120 euro a month, save that money for a car or a holiday..

That's not what rent allowance is for ffs! If she can pay her rent why should she claim rent allowance? 'To save for a car or a holiday' is not a valid answer. You say you're not obligated to pay everything for her but the tax payer is obligated to pay her money that she doesn’t need?

Michael D Not Higgins

SteM wrote: »

That's not what rent allowance is for ffs! If she can pay her rent why should she claim rent allowance? 'To save for a car or a holiday' is not a valid answer. You say you're not obligated to pay everything for her but the tax payer is obligated to pay her money that she doesn’t need?

I wouldn't begrudge her the money if she qualified for rent supplement, regardless of her ability to pay without it. It's there for welfare recipients to lower the burden of housing cost.

However, she doesn't qualify for multiple reasons.

SteM

Michael D Not Higgins wrote: »

I wouldn't begrudge her the money if she qualified for rent supplement, regardless of her ability to pay without it. It's there for welfare recipients to lower the burden of housing cost.

However, she doesn't qualify for multiple reasons.

I couldn't morally justify taking rent allowance that I didn't need so I can go on holiday. Sorry, maybe I'm the crazy one.

zef

buuumbaaa wrote: »

Thanks for your answers, but my daughter is 19 years old and we are foreign people, in our country the kid goes and lives her own life and if she lives away from me then she can pay her own bills, and I'm only giving her the apartment because I don't use it, and she's moved in with her boyfriend she pays me the money that I pay to the real landlord.. She's mature enough to pay for her own place just because I'm her mother I'm not obligated to pay everything for her, its just that she's on the dole and she is doing part time course and rent allowance would be handy, she can obviously pay for rent no problem but rent allowance still be handy, save like 120 euro a month, save that money for a car or a holiday..

It is culturally the norm for young people in Ireland to move away from home around the same age, be it for college, for independence, or to move in with a partner as in your daughters circumstance. So I don't understand what being 'foreign' has to do with your query at all.
If she can "obviously pay for rent no problem" then why are you even asking about rent allowance? Rent Allowance is awarded to people who cannot afford to house themselves, your daughter obviously can, as you've admitted.
It's chancers like you who give RA tenants a bad name, who wring every penny possible out of the welfare pot to furnish themselves with luxuries working people cannot afford.

April 73

Your daughter who is 19, on the dole & doing a part-time course has moved in with her boyfriend and you'd like her to get rent allowance to sublet the place you are already renting?
Does the boyfriend work as a matter of interest?
But actually she doesn't need the money for rent really, but it'd handy to be able to save the money for a car or a holiday?

I don't know whether to laugh or cry.

athtrasna

Posters are reminded to remain civil, stay on topic and attack the post not the posters please

Mod

DARK-KNIGHT

something doesnt sit easy with me reading this. whats being described here with getting rent allowance when it isnt needed is morally so wrong considering the amount of Irish people homeless on our streets.

DARK-KNIGHT

i didnt see the mod note apologies i must have been typing as mod posted that.

no offense meant either in what i said op

Milly33

Can I ask a question sorry I know tis the wrong thread but seems silly to start a new one.

What is the rule with lets say putting you house up for sale, getting the tenants to move out... And then putting the property up to let again?

How long does the landlord have to wait to do this.