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Query on special conditions for a lease

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  • 26-08-2012 2:21pm
    #1
    Registered Users Posts: 63 ✭✭


    Hey guys!

    Im moving into a new place soon and got an advanced copy of the lease which was signed and sent back but i do have a few questions on it, nothing that will deter me from wanting to move to the house but things that stroke my curiosity!! :D

    There is a section ive never come across before called Special Conditions, whats the story with this section, is it just additional conditions for tenency or is the a special reason for it?

    There are also to portions that read as follows:
    " The tenant agrees with the landlord not to make or permit to be made any undue noise, damage etc., particularly in relation to the holding of ‘parties’ at the premises, nor to play or permit to be played any musical instruments or any other such audio or visual equipment at any time so as to cause annoyance or nuisance to any person or his neighbours, particularly between the hours of 23:00 and 08:00."
    and
    "The tenant may be evicted for anti-social behaviour (7 days notice), or allowing such behaviour within the dwelling, or entrances to the dwelling. "

    As far as i know these two seperate conditions are the same thing but i want to get clarification, as far as i know Anti-Social Behaviour Orders are just criminalized Nuisanse so im not sure what the difference between these two conditions is.

    Whats the legal definition of anti-social behaviour or is it left at the opinion of landlord?

    Thanks for the help!


Comments

  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    I would take anti-social behaviour to be the prolonged causing of nuisance to the neighbours and other residents of the complex, to the point where the landlord/Gardai have to be repeatedly involved. Having a one off party is not grounds enough to warrant an eviction, but if you are having parties until 6 in the morning, every night of the week then this would be grounds for action to be taken. Likewise things like dealing drugs, bringing a criminal element to the complex, abusing/threatening neighbours etc.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Is it an apartment or house in a managed development? If so the deeds the landlord signed at purchase would have had the noise restrictions in them. They are responsible for your compliance with that and therefore are putting the onus on you to commit to that rule.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Standard apartment lease rules- as Athtrasna says, the landlord has a lease with the management company specifying the rules associated with his lease of the property- which will include stipulations like these (also things like no drying clothing on balcony etc). S/He is simply adding these, quite rightly, to the lease he or she is giving you.


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