BER cert - is it only needed if the tenant asks for one?

worded

if you have a property do you need a BER by law?
What if the tenant never asks?

muffler

worded wrote: »

if you have a property do you need a BER by law?
What if the tenant never asks?

If you own a house and renting it out then yes you do need a BER cert. It doesn't really matter if the tenant asks or not as the onus is on you to give a copy to that tenant.

worded

muffler wrote: »

If you own a house and renting it out then yes you do need a BER cert. It doesn't really matter if the tenant asks or not as the onus is on you to give a copy to that tenant.

And the penalty for not supplying the tenant with a BER if they dont ask?

muffler

worded wrote: »

And the penalty for not supplying the tenant with a BER if they dont ask?

As far as I know a fine of up to €5,000 can be imposed

Mod hat on: I would ask you to read the forum charter. We dont encourage anyone to break the law.

picorette

I am open to correction, but my understanding was that a BER was a requirement, only when the property was put up for sale or rent.
So for a landlord, this would be when there is a new tenant.
Or is it required, when the lease of an existing tenant is renewed?
Any thoughts?

topcatcbr

picorette wrote: »

I am open to correction, but my understanding was that a BER was a requirement, only when the property was put up for sale or rent.
So for a landlord, this would be when there is a new tenant.
Or is it required, when the lease of an existing tenant is renewed?
Any thoughts?

As far as I know you are correct. I think the wording (from the top of my head) is when "offered for rent or sale".

Dardania

has anyone heard of the penalty being applied for not giving it out?

odds_on

topcatcbr wrote: »

As far as I know you are correct. I think the wording (from the top of my head) is when "offered for rent or sale".

That's the phrase "offered for sale or rent" but may people think it is "for sale or rent", which is slightly different.

According to the Irish Law Society, it not only applies to the owner of the property but also to the owner's agents - estate agent, letting agent and those doing the conveyancing (normally solicitors).

I am house hunting at the moment and there must be at least 90% of the agents that I make enquiries with that don't know the BER of a property - so probably no cert was done yet. One agent told me that the owner doesn't want to get it done until the house is sold! Well, I ain't buying from someone like that!!

worded

odds_on wrote: »

That's the phrase "offered for sale or rent" but may people think it is "for sale or rent", which is slightly different.

According to the Irish Law Society, it not only applies to the owner of the property but also to the owner's agents - estate agent, letting agent and those doing the conveyancing (normally solicitors).

I am house hunting at the moment and there must be at least 90% of the agents that I make enquiries with that don't know the BER of a property - so probably no cert was done yet. One agent told me that the owner doesn't want to get it done until the house is sold! Well, I ain't buying from someone like that!!

That sounds real Irish. Its like saying that I dont want to get my car NCT till its sold.

picorette

The Estate Agents are blatantly disregarding the law. The more people that are aware of and ask for a BER Certificate when viewing a property for sale or let, the more that they are likely to comply.

And to clarify on the OPs question, the following Law Society circular clarifies that it is only when it is offered for sale or rent (but that it should be available then, & not just when contracts are signed).

www.ber-certs.ie/law_society_circular.pdf

odds_on

picorette wrote: »

The Estate Agents are blatantly disregarding the law. The more people that are aware of and ask for a BER Certificate when viewing a property for sale or let, the more that they are likely to comply.

And to clarify on the OPs question, the following Law Society circular clarifies that it is only when it is offered for sale or rent (but that it should be available then, & not just when contracts are signed).

www.ber-certs.ie/law_society_circular.pdf

A few fines on estate agents for not having a copy of the BER cert might knock some sense into them - but I doubt it, they seem to be very reluctant to do any work for their money, apart from advertising on Daft (or the like) and showing potential purchasers around a property.

Most do not even reply to e-mail questions about properties they advertise with very few details. I've emailed one agent 3 times over two months about the same property and am still waiting for a reply. No wonder it's been on sale since 2009!!!