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Tenant Information

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Deposits, Rent & Charges

Lease & Insurance

General

Misc

 

Frequently Asked Questions

 

  • Rent Books & Lease Agreements

    • Your landlord by law must provide you with a rent book or written letting agreement or lease. All payments made to the landlord, must be recorded either in the rent book or by written statement. In addition, the rent book, or letting agreement, must contain other information about the tenancy, specified by the Rent Book Regulations:

      • Address of the rented dwelling
      • Name and address of the landlord and his agent (if any)
      • Name of the tenant
      • Term of the tenancy
      • Amount of rent, when and how it is to be paid, (e.g. cash, cheque, standing order)
      • Details of other payments (e.g. telephone, TV)
      • Amount and purpose of any deposit paid and the conditions under which it will be returned to the tenant
      • Statement of information on basic rights and duties of landlords and tenants
  • Deposits

    • The landlord must return promptly any deposit paid by the tenant. The deposit may be retained or deductions made where there are 1) rent arrears or 2) costs incurred to repair damage above normal wear and tear.
  • Rent Increases

    • Landlords can only raise the rent to the open market rate. The landlord may also only raise the rent once in a 12 month period unless there has been a substantial change in the nature of the accommodation.
  • Water, Refuse, Services Charges

    • Local authority service charges for water, bin collection etc. may be payable by the tenant as the "occupier" of the premises rather than the landlord. Check with the local council. Make sure you are not billed for arrears for previous tenants or for charges due from other people living in the house. It is possible for the local authority to waive charges in cases of hardship.
  • Leases and Letting Agreements

    • If you are signing a lease or agreement, it is important to read it carefully and to consider what you are agreeing. All lease agreements must comply with the Residential Tenancies Act 2004. A lease agreement may give you greater rights than those stated in the Act but it cannot be used to deny your statutory rights.
  • Leases for fixed Periods

    • A formal lease or letting agreement is usually for a fixed period (e.g. a year). You cannot be asked to leave during that time unless you are in  rent arrears or in breach of your tenancy obligations. If you are in rent arrears, you must be notified by the landlord in writing. If you have not met your rent arrears within 14 days, then the landlord may issue you with 28 days notice of termination. You are entitled to formal notice of any claim that you have broken the tenancy conditions and to be given time to set things right. Expenses incurred in drawing up a lease must be met by the landlord and may not be charged to the tenant, although stamp duty, where it applies, may be payable by the tenant.
  • Security of Tenure

    • The Residential Tenancies Act 2004 affords greater security of tenure to tenants in the private rented sector. The landlord can terminate the tenancy without reason during the initial six months but once the tenancy has lasted six months, the landlord will only be able to end it on specific grounds. Acceptable grounds include the tenant not complying with their obligations (e.g. not paying their rent), the landlord intending to sell the dwelling and the landlord requiring the dwelling for his own occupation or for a family member. For a complete list of the acceptable reasons, contact Threshold. The landlord must also give the tenant written notice of termination. The period of notice will depend on the duration of the tenancy.

      Duration of Tenancy                               Notice by Landlord
      
Less than 6 months                                    28 days

      6 or more months but less than 1 year        35 days
      1 year or more but less than 2 years           42 days
      
2 years or more but less than 3 years         56 days

      3 years or more but less than 4 years         84 days

      4 or more years 112 days



      Tenants have long term security in rare cases only:
      ♣ If the tenancy was rent controlled (see our special leaflet)
      ♣ If your tenancy (or a tenancy you have taken over) has lasted twenty years, you may be entitled to a new 35 year lease.
  • Notice of Termination

    • If a tenant wants to terminate a tenancy and move out of a property, the tenant must give the landlord notice in writing. A phone call, text message or even an email will not do. Even if the landlord is agreeable to a tenant's oral notice to leave we recommend that the tenant follows up the oral notice with formal written one.

      A tenant who does not serve the landlord with formal written notice can lose their deposit. If a written lease is in place, the tenant could also be held liable for the remainder of the rent owed for the rest of the lease period.

      The Residential Tenancies Act provides how a tenant should terminate a tenancy. The notice must be in writing and signed by the tenant. It should specify the date of service and the date the notice will expire. The notice must state the following: "Any issue as to the validity of the notice or the right of the tenant to serve it, must be referred to the Private Residential Tenancies Board under Part 6 within 28 days from the date of receipt of it."

      The length of notice given by a tenant depends on how long the tenant has lived in the property. The longer the tenancy, the longer the notice period. Please note the notice periods provided in the Residential Tenancies Act as laid out in the Table below.

      Duration of tenancy                               Notice by tenant

      Less than 6 months                                    28 days
      
6 or more months but less than 1 year       35 days
      
1 year or more but less than 2 years          42 days
      
2 or more years                                          56 days

      A tenant can give 28 days notice at any time if the landlord is in breach of his or her obligations under the Residential Tenancies Act or the tenancy agreement. If a tenant wishes to avail of the shorter period, the tenant must notify the landlord in writing of the breach and to give the landlord a reasonable opportunity to rectify the position.

      What happens if there is a fixed term lease in place?
      
A tenant cannot avail of the notice periods where they are bound by a fixed term lease which they signed. They can, however, end the tenancy where the landlord is in breach of an obligation and where they have written to the landlord regarding the breach and giving the landlord an opportunity to rectify the position.

      A tenant can also avail of section 186 of the Residential Tenancies Act to end a fixed term lease where the landlord refuses their wish to assign the lease to somebody else.

      If a tenant wants to end of fixed-term tenancy early, they should inform the landlord in writing of their wish to assign or sublet the lease. Where the landlord refuses to give his or her consent, the tenant is entitled to serve a Notice of Termination.

      The length of notice is determined by duration of the tenancy (see the Table above) and the Notice should correspond to the example Notice of Termination provided above. The tenant is entitled to the return of their deposit if they take these steps.
  • insurance

    • Your landlord's insurance policy is unlikely to cover your personal belongings. It can be difficult and expensive to obtain such insurance, especially where there are a number of flats or bed-sits in the some house. Many companies charge a minimum premium. Contents insurance is often easier to get where you have other goods insured such as a car, with the same company or if you are a member of a Credit Union. Shop around.
  • Tenant's Rights and Obligations

    • What should I expect as a tenant? What will be expected of me? MORE
Tenants have legal rights and obligations, which derive from general landlord/tenant law as well as from any written or verbal tenancy agreement between you and your landlord. Legal obligations include paying your rent on time, keeping the place in good order, avoiding damage or nuisance and complying with any special terms set down in your tenancy agreement, verbal or written. It may be more difficult to assert your rights where you have broken conditions of your tenancy.
  • Inventory of Contents

    • Your landlord must record, in your rent book or letting agreement, details of furnishings and appliances provided. It is desirable (though not compulsory) to also record their condition as this can help prevent disputes about damaged or broken items. This only applies to tenancies which commenced after September 1st 1993, Check the inventory list to make sure that it is accurate - this could save trouble later on.
  • Repairs

    • The landlord is obliged to carry out repairs except where damage beyond normal wear and tear has been caused by the tenant.
  • Services

    • Details of when and how payments for services are to be made must be set out in full in your rent book e.g. direct debit, meter, bill etc. All payments made must be receipted in full in the rent book, or by written receipt. In some areas it is the practice of the ESB not to put the electricity account in a tenant's name unless the tenant has a lease for a minimum period of one year.
  • Registration

    • Any properties for rent are required by law to be registered with the Private Residential Tenancies Board. There are some exceptions including: holiday lets, where the landlord is a relative of the tenant; where the landlord is resident and there is no more than one other flat on the premises. For further information contact the Private Residential Tenancies Board.
  • Standards

    • Your landlord must ensure that your home complies with certain minimum standards (e.g. free from damp, in good structural repair, hot and cold water, adequate means of heating and ventilation, appliances in good working order, electrical wiring, gas, pipes in good repair).
  • Privacy

    • As a tenant you are entitled to quiet and peaceful enjoyment of your home. Your landlord is only allowed enter with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement with you. If the property is put up for sale, ask the landlord to agree viewing times with you.
  • Visitors

    • You are entitled to have friends to stay over on an occasional basis but you need the landlord's permission if a new person is to move in.
  • Noise

    • You should check with your landlord if there are set conditions about parties and noise. Remember the landlord has duties to other tenants and neighbours. If noise from other tenants or neighbours is causing a nuisance to you, tell your landlord. You may also make a complaint to your local authority, which has some power to act, or to the local District Court under the Environmental Protection Act, 1992 (Noise) Regulations, which can make an Order to deal with the nuisance.
  • Who is responsible for transferring the utility accounts after move in?

    • As the tenant, you are responsible for setting up and closing all utility accounts. You will need to record meter readings with the relevant utility companies at the beginning and at the end of the tenancy. These readings should also be agreed with the landlord or agent. We will be able to assist you with some of the transfers, but ultimately they are your responsibility as tenant of the property.
  • Who do I contact if I have experience problems during the tenancy?

    • If we are acting as managing agent on behalf of the landlord then all problems should be referred to ourselves. On completion of the tenancy agreement you will receive direct contact details which includes a special 24 hour emergency number to assist you with problems that may arise after normal office hours. If we are not managing the property, then all problems should be referred to the landlord. If your query is of a general nature we will of course be pleased to assist you.
  • What date will the rent leave my account?

    • Rent is usually paid by standing order mandate and you can expect the rent amount to leave your account 3 -4 days before the rent due date. It takes 3 -4 days from funds to transfer to the recipients account.
  • What happens if my rent is late?

    • Problems in relation to late rent payments should be conveyed to the landlord directly, or to ourselves if we are acting as managing agent. A direct cash / bank draft payment is the most efficient way of clearing a late payment as the standing order method usually fails to effect payment once the due date has passed. Late payment and / or interest charges may apply.
  • Can I use my security deposit as my last month’s rent?

    • You cannot use a security deposit in lieu of the last month’s rent. The security deposit is held in trust pending the satisfactory hand over of the property at the end of the tenancy. It provides a limited guarantee to the landlord that you are intent on keeping the property free from damage or neglect for the term of your tenancy. The payment of rent is an entirely different matter.
  • How do I make sure I get a full refund of my security deposit?

    • In order to safeguard your entitlement to a full security deposit refund you should comply with the tenant obligations as set out in your lease agreement. Deductions can arise if the property is damaged or if some items of the inventory of contents are lost or damaged. The property should be left in a clean re-letting state. Particular attention should be given to kitchen (cooking facilities, fridge, etc) and bathroom / shower room areas. Rubbish should be disposed of properly and gardens should also be properly maintained.
  • When is my security deposit returned to me?

    • The security deposit should be refunded after you have returned all keys of the property to the landlord / agent and after a reasonable time has elapsed to allow the landlord / agent to inspect the property. A time frame of two weeks would be considered reasonable.
  • How do I serve notice to vacate the property?

    • Termination provisions are set down by the lease agreement and / or by the provisions of the Residential Tenancies Act 2004. Firstly, you should research the provision as provided in your lease agreement. The PRTB will provide further clarification in this regard. Please note that all notices should be in writing and delivered to the appropriate person – the landlord or managing agent.
  • What happens if I must vacate early – thus breaking my lease agreement?

    • The primary liability is for the rent payments up until the expiry of the lease agreement. If you agree to present the property in a marketable state prior to termination and cooperate with viewings, your liability may be limited to the marketing and re-letting expense. You will however, be responsible for any rent voids which occur as a consequence of you terminating your tenancy early. Early notification of such a problem will always help to find a satisfactory solution.

Contact Details

If you would like to contact an agent from Easylet, you can drop into our store or call us today.

Easylet
176 Lower Rathmines Road, Rathmines, Dublin 6

Telephone
+353 (0) 1 496 8111

Fax
+353 (0) 1 496 8798

Email
info@easylet.ie

Contact Us Today

Get in touch today by simply sending us a brief message using the form below. Alternatively you can use the contact details to the right of this message. Like to arrange a confidential meeting? Why not call to our office at O'Connor Shannon, 176 Lower Rathmines Road, Rathmines, Dublin 6.

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