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Are short-term lets classed as "commercial use" of a property?

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  • 04-10-2016 4:51pm
    #1
    dubdev
    Closed Accounts Posts: 167 ✭✭


    Hi all

    Living in an apartment complex in Dublin and the apartment I'm in is directly below another that is being used for short-term lets. We had major issues with noise over the summer and our property management agency told us that short-term lets are permitted so their hands were tied. In fact, they told us that 100 of the 600 apts in our complex are used for that purpose. Their "solution" was for us to ring block security whenever it happened and they would add a fee of 200 euro per incident to the landlord's property management fee.

    However, having consulted our head lease states among other things that the landlord cannot "allow any trade or business be carried on" in their property or "permit any boarders or lodgers to be taken", and that the property is to be used as a "single private residence only."

    I'm not a property lawyer but it sounds to me like short-term lets are not permitted under those terms, as the landlord is not resident in the property and they are using it as a means toward financial gain. Our residents' AGM is approaching this month and I would like to know what our position is as owner-occupiers.
    Any advice would be much appreciated, thanks.


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    #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    You've posted about this before. Did you pursue the fire certs issue?


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    #3
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    The issue is very much 'up in the air'. There are conflicting opinions and to my knowledge no one has progressed a case to the point of establishing anything with general application.

    If you wish to be the first many would, no doubt, thank you for it.


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    #4
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,400 Mod ✭✭✭✭Gumbo


    The city council are seeking legal opinion on this. Particularly from the department of environ as to how to govern the planning laws around this. Many complaints come into Planning Enforcement about this but they never go far tbh.


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    #5
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    kceire wrote: »
    The city council are seeking legal opinion on this. Particularly from the department of environ as to how to govern the planning laws around this. Many complaints come into Planning Enforcement about this but they never go far tbh.

    They don't go far because they are difficult to prove. There is no structural alteration to the property so proving that it is being used for occasional use is not easy.


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    #6
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    You could also do some digging. Is the owner an individual or a company...or if individual is he a director of a company who's business is short term lettings. Or look up the apartment online to see who is letting it.


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    #7
    dubdev
    Closed Accounts Posts: 167 ✭✭dubdev


    Just got a letter from our property management company stating that they have received legal advice which confirms short-term lets violate covenants in the head leases of the apartment and more than likely planning permission. Going forward, short term lets are prohibited and tenancies cannot be shorter than 3 months! Success!


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    #8
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    dubdev wrote: »
    Just got a letter from our property management company stating that they have received legal advice which confirms short-term lets violate covenants in the head leases of the apartment and more than likely planning permission. Going forward, short term lets are prohibited and tenancies cannot be shorter than 3 months! Success!

    Now you have the same issue as the no pets, hardwood flooring etc in head leases, Enforcement.


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