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Short term holiday lets


Posted in [Blog General Legal Tips ] on Thursday, February 1st, 2018

On a recent visit to Dublin for a trial at the Four Courts, I was, once again, struck by the vast number of homeless fellow citizens of all ages, sleeping rough on the streets of our Capital. I reflected on how there was so much more to our homeless crisis than what meets the eye on the street, with thousands of families crammed into temporary accommodation, in violation, in my view, of their fundamental human rights. As a mother of two young children, I cannot imagine the strain of raising a family in a single hotel room.

I got on with my work in the Four Courts, and ultimately settled the case I was handling, which was a happy outcome for my client, his family, and for the legal team. On my return trip to Heuston Station however, the homeless debacle once again reared ugly its head in my mind. I raised this issue with my taxi driver.

I often feel taxi drivers are the barometer for a place and know so much about what makes a city tick, or not, as the case may be. My driver indicated that in his view, the emergence of various short term letting websites and opportunities has clogged up the availability of numerous properties which would, otherwise, be perfectly suitable for long term lets to many of the aforementioned families embroiled in this ever mushrooming homeless crisis. He indicated that as he sees it, short term lets offer more money with less or no tax implications for the landlords. I am not so sure it is that simple.

Before a landlord jumps at a short term letting opportunity, he/she must consider the legal position very carefully.

The landlord should check if there are any covenants in the deeds prohibiting or restricting such a letting. Similarly, if (s)he has a mortgage on the property, there may be restrictions, so this should be checked with the financial institution. There may also be planning repercussions. In some areas, there are limitations on the numbers of days per year a property can be let without a change in planning use. It is very important to know if this does or does not arise for each property. An enquiry to the local planning office would be prudent.

Landlords should be aware and sensitive to the fact that if the premises is let on a frequent basis, there is a far greater risk of disturbance or nuisance to neighbours, which may cause unforeseen problems.

Before deciding to let a premises, it is strongly recommended that advice be sought.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com if you would like more information.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.”

Brigid O’Donnell

Associate

Experience

Brigid joined Cantillons in 2018, having previously spent 10 years working in firms in Tipperary and Limerick which specialised in medical negligence, defective product liability and personal injuries actions.

Brigid works as an Associate Solicitor in the General Litigation Department and advises clients in relation to all aspects of civil litigation; to include personal injury claims, workplace accidents, road traffic accidents, public liability claims,  product liability claims, claims against local authorities and claims against the HSE.  She also advises clients in the area of Employment and Defamation Law. She has extensive experience in medical negligence and cases involving defective products.

She has successfully represented clients before the District Court, Circuit Court, High Court, Supreme Court and Court of Appeal and has been involved in a number of high profile personal injuries cases. She is proud to be part of the Litigation Team at Cantillons and is focused, at all times, on achieving the best possible outcome for clients.

Qualifications

  • Joint Honours Bachelor’s Degree in Civil Law and French, University College Cork
  • Masters in Law (Criminal Justice), University College Cork
  • Completed Law Society Professional Practice Courses at Blackhall Place, Dublin
  • Admitted as a Solicitor in Ireland, England and Wales
  • Advanced Diploma in Employment Law, King’s Inns, Dublin
  • Advanced Diploma in Medical Law, King’s Inns, Dublin

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