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Renting a rented apartment on AirBnB

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  • 26-12-2023 9:42am
    #1
    tinytobe
    Registered Users Posts: 2,398 ✭✭✭


    Just wondering, is it legal in Ireland to rent or sublet a rented apartment out on AirBnB? - whilst the legal tenant decides to temporarily live out of the country?

    Post edited by HildaOgdenx on


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    #2
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/2058328349/renting-a-rented-apartment-on-airbnb

    Most tenancy agreements have a sublet clause.



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    #3
    HildaOgdenx
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 7,006 Mod ✭✭✭✭HildaOgdenx


    Mod - Moved to Accommodation and Property.

    Local charter now applies.



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    #4
    tinytobe
    Registered Users Posts: 2,398 ✭✭✭tinytobe


    https://www.boards.ie/discussion/comment/121536647#Comment_121536647

    So, I'd presume it's illegal if the tenant is renting out on AirBnB?



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    #5
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/121536670#Comment_121536670

    Are you asking if it’s against the law to do so, or a breach of your lease agreement?

    Read your lease agreement, it will tell you if there is a restriction on subletting, most do, so you will probably be evicted while you are away.

    There is no law that says a tenant can’t sublet with the LLs consent, but of course you will have to abide by the legislation related to short letting.

    Also, you need to read up on how Airbnb works, how will you clean the place between guests, what will you do if the guest stops paying and stays in your place?



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    #6
    tinytobe
    Registered Users Posts: 2,398 ✭✭✭tinytobe


    https://www.boards.ie/discussion/comment/121536688#Comment_121536688

    Yes this makes sense.



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    #7
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    Somebody has trusted you with an asset worth 100's of K don't abuse that trust



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    #8
    dennyk
    Registered Users Posts: 1,700 ✭✭✭dennyk


    https://www.boards.ie/discussion/comment/121536688#Comment_121536688

    While it's not a crime, it is a violation of a tenant's legal obligations. Section 16 of the Residential Tenancies Act actually does prohibit sub-letting without the landlord's consent:

    In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall

    ...

    (k) F39[subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), not assign or sub-let] the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),

    While this part of the law often incorrectly comes up in the case of tenants taking in licensees, which is often incorrectly referred to as "subletting", in this case if the tenant were to vacate the property themselves and let the entire property out to someone else, even for a short period of time, that actually would be subletting as referred to in that section, and doing so without the landlord's consent would be a breach of obligations and could result in the tenancy being terminated, even if the tenancy agreement itself doesn't mention the subject.



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