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Strange Lease

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  • 15-03-2010 12:14pm
    #1
    tomcollins97
    Closed Accounts Posts: 951 ✭✭✭


    Hi,

    I am hoping to move into an apartment this week and have just received a copy of the lease. It is quite different to what i have seen before, especially that no reference is made to the 2004 act. The file itself was created in 2003 so it looks to be a lease made prior to the updated 2004 residential tenencies act.

    There are a few major issues which I will be raising as if not changed these are show stoppers. However, there are some clauses relating to 'tenenatable repair' and notice periods which seem to be in contravention of the 2004 act.

    my question is, if I sign something which contravenes a piece of legislation can I be held to it?

    Cheers,
    Tom


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    #2
    Victor
    Registered Users Posts: 78,387 ✭✭✭✭Victor


    tomcollins97 wrote: »
    my question is, if I sign something which contravenes a piece of legislation can I be held to it?
    It gets messy. Best solution would probably be to tell them you have reservations about the lease and ask can they revise it.


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    #3
    Amhran Nua
    Closed Accounts Posts: 4,124 ✭✭✭Amhran Nua


    tomcollins97 wrote: »
    my question is, if I sign something which contravenes a piece of legislation can I be held to it?
    No, but unless you are a solicitor it might be hard to be certain of the legalities. Signing a contract doesn't automatically make all clauses legally binding, if for example you were to sign one that said you were to do x or you'd drop yourself in the Liffey, that wouldn't stand up in court.

    Victor is dead right though, point out the discrepancies to the letting agent and ask them to amend it (should be a simple matter of crossing out and initialling the changes).


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    #4
    shoegirl
    Registered Users Posts: 2,021 ✭✭✭shoegirl


    I have a feeling there is a clause in the 2004 act that specifies that you cannot sign away your rights. How exactly this would work in practice I don't know. Go through it will a highlighter and ask the LL or agent will they change it, otherwise tell them you will look elsewhere.


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    #5
    tomcollins97
    Closed Accounts Posts: 951 ✭✭✭tomcollins97


    Thanks everyone. The main issue in it is in relation to the maintenance & upkeep of the apartment. The 2004 legislation seems to make it the landlords responsibility to maintain the apartment to the standard it was when the lease was taken up and that the landlord is responsible for the structure, unless the tenants are negligent or deliberately damage the property. There are various pieces in the lease which are saying that the tenant is responsible for "day-to-day maintenance such as locks, light bulbs, cooker rings etc" but doesn't go into any more specific - I just don't want to get stung having to fix things that stop working through no fault of my own.


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