Do I need to register with the RTB if I rent a room in my home in Ireland?

If you are renting a room in your principal private residence you are not required to register with the RTB.

You do need to note, you are renting under a license agreement and not under the tenancy laws. As a landlord, you do not have any protections under the Residential Tenancies Act 2004. The same is true for the tenant, they are also not protected.

For both parties it’s important to note the tenancy agreement can be ended at any time, the notice period must be reasonable (what this actually means in terms of time is not defined) and the landlord is not required to provide a reason.

Advantages

  • No requirement to register with RTB.
  • Can write your own terms and conditions of the agreement.
  • Notice period can much less and not required to provide a reason.
  • No limitation of the reason for ending the tenancy.
  • €14,000 tax free allowance.
  • Property doesn’t need to meet a specific standard.
  • Doesn’t affect capital gains tax when selling your property.

Disadvantages

  • Can be time consuming to create terms and conditions for the licence agreement.
  • If you forget to include the right terms it can cause problems.
  • If you the tenant causes problems you need to go to the small claims court.
  • You still need to file a tax return.

Please note the following:

  • If you are renting a self-contained unit which is not attached to your property you do not qualify for the tax-relief under the rent a room scheme.
  • All payments made to you must be less than €14,000 including bills
  • If you go 1 euro over the threshold the full amount is liable for tax.

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