I suspect that my landlord is improperly claiming rent-a-room relief. What should I do?

My landlord appears to be improperly claiming rent‑a‑room relief, and I want to understand what recourse may be available to me as a tenant. I am renting in a property where the landlord does not live in the dwelling as their principal private residence, yet they have presented the arrangement with me as a “rent‑a‑room” situation, with the apparent intention of availing of the rent‑a‑room tax relief. From my reading of Revenue’s guidance, rent‑a‑room relief only applies where an individual rents out a room or rooms in their own home, which must be their main residence, and it does not apply where the entire property is let out or where the landlord is not resident. When I contacted the Residential Tenancies Board (RTB), I was initially told that they would not deal with the matter, as it was being presented as a rent‑a‑room arrangement, even though the landlord is not actually living in the property.I understand that, if the landlord is not resident and the property is let in the normal way, the tenancy should fall within the RTB’s remit and be subject to the protections of the Residential Tenancies Acts. People have suggested that in these circumstances I could do one of the following: pursue my case with the RTB once the facts are clarified; report the landlord to Revenue for incorrect use of rent‑a‑room relief; or seek assistance from tenant‑advocacy services. What would you advise?The challenge with situations like this is that they often have nuance. Just because an arrangement is described as “rent-a-room” does not necessarily mean it is. The crucial question is whether the owner genuinely resides in the property as their principal private residence and what the living arrangements look like on a day-to-day basis.READ MOREMy first piece of advice is to contact the owner directly. Rather than immediately assuming the arrangement is incorrect, explain your concerns and ask for their perspective. There may be a perfectly legitimate reason for why they have been absent from the property for a period of time, or they may simply be unaware of the qualifying conditions for the rent-a-room scheme. An open conversation can often resolve misunderstandings before they escalate into a formal dispute.If uncertainty remains and you can’t resolve it with the owner, the next step is to establish the true nature of the arrangement. Rent-a-Room Relief is generally only available where an individual rents out a room or rooms in their principal private residence while continuing to live there. If the landlord is not residing in the property as their main home the relief would not ordinarily apply. The arrangement may instead constitute a tenancy, meaning the occupants are protected by tenancy law.If the RTB initially declined to assist because the arrangement was presented as a rent-a-room licence, you can ask them to reconsider once the facts are clarified. In my experience, the RTB will consider evidence such as whether the landlord receives post at the property, including bank statements, utility bills or polling cards, whether the occupier has exclusive possession of the dwelling, and whether there is evidence that the landlord is ordinarily residing elsewhere.Shirleen Rigby is a property managing agent and an associate member of the SCSI It is often necessary to gather this information before the RTB can determine whether the dispute falls within its jurisdiction. They may also consider the length of time you have been living there; this is usually more than six months or if enough time has passed for you to assume the owner is acting unlawfully. If you need further help, organisations such as Threshold can provide advice and help you understand whether your agreement is likely to be a licence or a tenancy and how to provide evidence to the RTB.Revenue has a separate role. If you have reason to believe the relief is being claimed incorrectly, you can raise the matter with Revenue, which can assess the owner’s tax position. Revenue will also examine the facts of the arrangement rather than relying on how it has been described. Most occupants are not seeking to challenge a property owner’s tax affairs, and this will be a very last resort for most. More often than not, they want certainty about their rights as an occupant and to ensure they receive any protections to which they may be entitled to under the Residential Tenancies Act such as notice periods, dispute resolution and protection on rent reviews. As with most property matters, taking a measured approach and seeking clarity before drawing conclusions can often lead to a better outcome for all involved but if your concerns are well-founded, these statutory bodies and organisations are there to ensure your rights are protected.Shirleen Rigby is a property managing agent and an associate member of the Society of Chartered Surveyors IrelandDo you have a query? Email propertyquestions@irishtimes.comThis column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. 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