The ins and outs of renting property
Tenants in private rented accommodation and landlords who supply such accommodation, have both legal rights and obligations.
Residential leases in Ireland are normally for twelve months though the can be for shorter or indeed longer terms. It is both advisable and necessary to prepare a written agreement for the protection of Landlord and Tenant. Any such agreement should be signed by both parties and copies kept by each party.
A Lease or Letting agreement should include the following:
- The names and addresses of the individuals involved
- The amount of deposit to be paid (usually one month's rent). It should also mention how and when the deposit is to be returned.
- The length of the rental period
- The amount to be paid in rent for that period and how often e.g. monthly or weekly. It may also state how payment is to be made e.g. by direct debit or cheque.
- Level of access to the property by the landlord
- Any other payments to be paid or other costs that have to be covered by the tenant (e.g. ESB, telephone, etc.)
- Notice of period to quit ie termination of agreement by both landlord and tenant
- Any special terms or requirements that are agreed by both parties.
- General landlord/tenant rights.
Rent Books
Residential tenants are legally entitled to a rent book that records all rent payments (along with receipts and the deposit amount. It should also contain most of the information in the lease agreement or the agreement itself including a list of the contents/fixtures and fittings.
Tenants' Duties
Tenants' duties include paying the rent, keeping the accommodation in good condition and avoiding damage to the property which you are renting. They are also required not to cause nuisance or annoyance to neighbours.
Rent increases
A landlord can only increase rent at the start of a new rental agreement or where there is provision for a rent review. There are no controls on what a landlord can charge for renting a property.
Privacy for tenants
A landlord is not entitled to enter the property without the permission of the tenant or having given adequate notice. If the landlord wants to inspects the property, the frequency of these inspections should be agreed beforehand. If repairs need to be made to the property, the landlord must also agree those with the tenant and when they are to be carried out. If the property is up for sale or if there is to be a re-letting, the landlord should inform the tenant of the viewing times in advance.
Notice to Quit
Four weeks notice to quit must be given in writing by either landlord or tenant.