Rental Regulator Clarifies House-Share Rules Amid Ires Reit Dispute
Ireland's rental regulator, the RTB, clarified that new tenants replacing departing house-share occupants join the existing tenancy, not a new one. This follows disputes with Ires Reit, which reportedly changed its tenant swap policy. The situation highlights confusion over new rental laws for landlords and tenants.
The Residential Tenancies Board (RTB) has clarified rules for house-shares under new Irish rental legislation, effective March 1, after concerns from TDs, tenants, and landlords. The RTB stated that when one tenant leaves a house-share and is replaced, the new tenant joins the existing tenancy. A new tenancy only begins when all original tenants have departed. This implies there should be one lease for a self-contained dwelling, covering multiple tenants.
This clarification follows disputes involving Ires Reit, Ireland's largest landlord with over 3,500 apartments. Ires Reit reportedly stopped allowing new tenants to join existing leases or sublet, stating new tenancies reflect new regulations. Residents in Ires Reit buildings in Dublin, who previously could swap flatmates, found this practice halted. Sinn Féin housing spokesperson Eoin Ó Broin suggested Ires Reit might be "pushing the envelope" and potentially breaching new rules, though definitive judgment awaits RTB adjudication.
A Co Kildare landlord also highlighted confusion, stating the Department of Housing could not interpret the legislation for a hypothetical replacement scenario, forcing him to seek costly legal advice. The department had previously told him to get independent legal advice on his query. Separately, landlords are reportedly using licensing agreements instead of tenancies for multi-person room shares, creating further grey areas.