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Is Rent A Room exempt from RPZ rent increases ?

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  • 29-03-2023 11:52pm
    #1
    Registered Users Posts: 4,574 ✭✭✭



    Hi,

    If a property is in a RPZ area but is a RAR Rent a Room can the rent be increased by the land lord who lives there without being restricted by the RPZ rates?

    E.g. the rent has been 400 PM in Dublin for 2 years and the LL wants to increase it to 600 PM a 50% hike

    I'm aware that a RAR renter is a Licensee and not a tenant and the Land lord doesn't have to register with the PTRB.

    There is no mention of it here as RAR is not a normal tenancy

    https://www.rtb.ie/during-a-tenancy/rent-pressure-zones-rpz

    Just wondering specifically about RAR rent increases in a RPZ zone

    Thanks



Comments

  • Registered Users Posts: 666 ✭✭✭GalwayGaillimh


    He can charge whatever he likes his home is his castle... well currently legally anyway

    Si Deus Nobiscum Qui Contra Nos



  • Registered Users Posts: 490 ✭✭beeker1


    AFAIK yes he can , he's got a 10k ceiling which is tax free with revenue, RAR receipients won't want revenue involved , 600 pm for a room is a symptom of the greed that's all pervasive in this country!



  • Registered Users Posts: 862 ✭✭✭timetogo1




  • Registered Users Posts: 271 ✭✭Galwayhurl


    And includes money received for bills for some reason even though that money goes to Electric Ireland or whoever and not into the landlord's pocket.



  • Registered Users Posts: 3,003 ✭✭✭Shelga


    It’s not greed, most of the time- if you’re like me and have bought a very old house that needs lots of work- the government gives you zero help so the only option after a while (and I was someone with substantial savings) is to rent out a room to make ends meet. I’m going to give the roommate by far the nicer room and charge what I think is reasonable money.

    Calling everything greed isn’t helpful. Housing is extortionately expensive in this country, whether you’re a buyer/renter/sharer.



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  • Registered Users Posts: 169 ✭✭CrazyEric


    On the Rent A Room/ Licencee situation, is there definitive rules on the Landlord to Licencee process. I have read of many different scenarios but cannot find any actual "rules" on notice periods, rights to quiet enjoyment etc.



  • Registered Users Posts: 5,297 ✭✭✭PropJoe10


    There doesn't seem to be many actual legalities around this. As far as I've ready, its recommended to draw up a simple rental contract between you and the tenant to set basic ground rules. Outside of that, the tenant is really in the home of the landlord at the landlord's discretion. The tenant isn't covered by a tenancy agreement. I would say you'd still want to be giving "reasonable notice" to terminate the agreement, but that appears to be at your own discretion really.



  • Registered Users Posts: 862 ✭✭✭timetogo1


    Whatever you put into a contract becomes enforceable. So don't contract away your own rights.

    I rent out a room. I have a list of requirements. One of them is that either of us will give one months notice but we can reduce that notice period if actions of the tenant cause concern for the safety for anybody else in the house. It's never been an issue (and probably never will be) but I wouldn't want to be stuck with somebody for a month if they started doing something that became a major issue for us. It'd be a tiny, tiny percentage but it's in black and white if we or the tenant ever have an issue.

    In reality I've never had an issue and for any tenant we have had so far or have now I'm happy to have them forever but they also have the requirement to give us a months notice which is not onerous. We wouldn't hold back rent even if they didn't but it puts it in their mind that they should give reasonable notice when leaving.



  • Registered Users Posts: 6,211 ✭✭✭Claw Hammer


    The Residential tenancies Acts don't apply where the landlord is resident in the dwelling. There is no statutory protection for the tenant other than possibly consumer legislation. The tenant is in the same position as a guest in a hotel.



  • Registered Users Posts: 1,809 ✭✭✭mrslancaster



    How can a house guest be in the same position as a hotel guest? Also, they are not tenants - using that description causes confusion.

    Staying in a hotel, a consumer is using the services supplied by a business who are registered, pay vat, and who operate under all sorts of consumer legislation and regulations around fire, health & safety, data protection, employment law, to name a few. The business needs public liabilty insurance and has a duty of care to consumers who use the service/ products.

    There are no such requirements on private citizens who share their home with a guest afaik. The guest is making a payment to the owner for the use of their private home for an agreed period only. Tenancy law does not apply.

    It would be very useful if you could show which consumer legislation you think covers this situation.



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  • Registered Users Posts: 6,211 ✭✭✭Claw Hammer


    The status in law of the guest living with a landlord is the same as that of a guest in a hotel. The fact that there are additional legal formalities on a hotel makes no difference. The same applies to someone staying in an unregistered Bed & Breakfast. There is no obligation on a hotel to have insurance. the fact that they are registered confer no legl status on their customers or removes any legal rights from the customers.



  • Registered Users Posts: 14,405 ✭✭✭✭Dav010


    Consumer law doesn’t require that a business/service supplier be vat registered, have public liability insurance etc.

    The link below relating to the Small Claims Court specifically refers to a rented property where the owner lives.

    https://www.courts.ie/small-claims-procedure



  • Registered Users Posts: 4,574 ✭✭✭worded


    Hi. OP here.

    RAR scheme usually work out well for all concerned. E.g. A friend rents out a room in their parents house (one parent recently passed away) to make ends meet. It's an attic room and one of the best in the house.

    No one likes a land lord but a lot of LL are very fair. Over the years I've been a renter/tenant, licensee in a RAR and a LL.

    So it seems with RAR the RPZ rent increases don't apply. If one Licensee was paying 100 PM for 10 year and moves out of a RAR, the next licensee can be charged what ever the market will bear. There are no restrictions like a tenancy that has to be registered. That's all I wanted to know.




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