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Tax breaks for accidental landlords

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    #32
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    jsd1004 wrote: »
    Airbnb have it in their t@c as well..An airbnb rental does not constitute a tenancy even if you rent it for over 6 months

    As above, AirBnB is fine, you were talking about RAR.

    RAR = Rent a room.
    jsd1004 wrote: »
    You are confusing tax relief with renting in shared accomodation i think..I am not arguing tax relief just what constitutes a tenancy and your subsequent rights

    Again you were the one to bring up RAR not me. Care to back track further?

    I think what you mean is a non-exclusive house share. I'll defer to others on that but there is a specific section of the RTA dealing with it.

    As I say people should be careful playing about with this.


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    #33
    jsd1004
    Registered Users Posts: 719 ✭✭✭jsd1004


    I have spoken to the PRTB. Have you? There is no legislation on rent a room where the common areas are shared and there is no exclusive access.


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    #34
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    jsd1004 wrote: »
    I have spoken to the PRTB. Have you? There is no legislation on rent a room where the common areas are shared and there is no exclusive access.

    Okay rent a room is the name for a tax relief, it also refers to where it's someones PPR. You're conflating this it seems with tenancies under Chapter 6 of the RTA 2004 or some other concept which, admittedly, I may not be aware of. That said if you've phrased it like you have in this post I'd be dubious of any advice you have so far.

    You don't need to speak to the RTB (They are no longer the PRTB, AFIAK), you need to speak to a solicitor in the area who can advise you about what will happen if a situation arises where an RTB decision is appealed and what application the RTA will have.

    You seem a little confused about all of this tbh. I'd stick to AirBnB.


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    #35
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    http://www.boards.ie/vbulletin/showthread.php?p=102561050

    The above thread maybe worth a read and incidentally where we should engage on further discussion if there is any to be had.


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    #36
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note

    Please take your tit for tat arguments to pm. A number of inappropriate posts have been deleted.


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    #37
    __Alex__
    Closed Accounts Posts: 473 ✭✭__Alex__


    jsd1004 wrote: »
    Im a professional landlord with 3 properties coming on the market in the next few months. All will be Airbnb or rent a room (licence) in shared accommodation with a weekly cleaner. (gets around prtb regs). Anyone renting into the residential market is either very brave or stupid with tenant rights

    Having a cleaner come around to extinguish tenant rights seems slightly like taking the piss. In a dispute, I could envisage a dim view being taken of it.


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    #38
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    jsd1004 wrote: »
    Airbnb have it in their t@c as well..An airbnb rental does not constitute a tenancy even if you rent it for over 6 months

    AirBnB can write whatever they like into their T&cs, they can't over rule our laws and a person can't sign away their rights. I'd like to see what the RTB would think of someone renting on AirBnB for 7 months and getting kicked out.


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    #39
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    jsd1004 wrote: »
    I have spoken to the PRTB. Have you? There is no legislation on rent a room where the common areas are shared and there is no exclusive access.

    The RTB do not give advice or guidance on specific issues, they only publish information on the act on their website which cannot be relied on either.

    The RTB act includes in scope all residential lettings including bedsits and bedrooms in shared residences. What is specifically exempt in scope are rooms rented out in a principle private residence (i.e. you live there, does not include keeping a room for your use, or maintaining access to the property).

    But if you were correct and your activities are no longer considered lettings you would need to register & charge vat (Airbnb/ B&B are not lettings) if you expect to breach the service threshold.


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    #40
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    4ensic15 wrote: »
    The reason for continuing them is that the people who have them have a contractual right to them. Enforcing conditions regarding BTLs is a matter for the banks, not the government. Banks can charge what they like on variable mortgages, and they do. The government does not want to stop them.
    landlords are landlords whether they arrived into it by accident or design.
    Some are fed up of the RTB. Others are fed up of taxes. More are fed up of tenants.

    In my case, fed up of all three of the above.


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