Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Corporate letting in a RPZ zone

  • 24-08-2021 5:41pm
    #1
    Registered Users, Registered Users 2 Posts: 43


    I've an apartment for rent I and 've been contacted by a private company with respect of renting same for one of their managers.

    I have for the past nr of years not increased the rent.

    The apartment is in a rpz

    If I rent to a company am I still constrained with respect of the increase in rent I can apply given its in a rpz zone

    Am looking to raise it to the market level.

    Thanks



Comments

  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik



    I believe you should be able to rent it to a company for whatever you agree between you.

    But only rent it to the company, and not the individual.



  • Registered Users, Registered Users 2 Posts: 1,094 ✭✭✭DubCount


    Not sure I agree. This is down to the interpretation of the legislation. I think this is something to run past a solicitor. You are still entering a tenancy for a residential property in a RPZ, and relying on an interpretation that a corporate tenant does not meet the definition of a tenant under the legislation.



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Same as letting to the council.

    RTB and RPZs only apply to letting to a tenant. In this case the poster is letting to a company. In the case of a council they are letting to the council.

    Where they might get stung is if they go back to normal tenancy before 2 years is up, they will have to go back to the RPZ rent scale. After 2 years though, they do not.



  • Registered Users, Registered Users 2 Posts: 1,781 ✭✭✭dennyk


    It's still a letting of a residential property in an RPZ. Unless you're arguing that they are not letting it for residential use if they are letting it to a corporation, in which case they'd likely be violating planning laws. The RTA "applies to every dwelling, the subject of a tenancy" and has no specific exclusions for such "corporate" lettings that I'm aware of. It does specifically exclude lettings to housing authorities, which is why a council let would not be subject to RPZ restrictions.

    You can see all of the RTA exclusions here, but I don't see any that would exclude a letting to a private company to house one of their employees, so unless there is one, the RTA would still apply to such a letting, including RPZ restrictions.

    That said, OP, if you haven't raised the rent in "a number of years", you can increase it by a fair bit. You can use this calculator to see what increase you can apply based on the date the rent was last set.



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    I know a few people who have done this with corporates. Also with the council.

    Rent controls dont apply. RTB have nothing to do with you either.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 1,781 ✭✭✭dennyk


    The RTA doesn't apply to lets to the councils, true. I suspect the corporate rental thing is just flying under the radar because no one in the chain cares enough to file a complaint about it; the tenant isn't the one paying the bill and a multinational isn't going to waste their time quibbling over a couple hundred euro a month in rent for a key employee.



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Well according to the RTB themselves and at least one solicitor that i know about it doesnt apply to corporate lets.

    But best the op checks with their own experts rather than us internet experts :)



Advertisement