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Renting A House - Queries on lease agreement
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09-08-2013 11:13am#1My sister in law is looking to rent a house with her 4 kids (marriage breakdown). She got a lease agreement to look at and a few things I'm not sure of and would like to get peoples opinions on - bit of along post so thanks for reading!
1. Tenant is responsible for replacing broken glass in doors and windows – I would consider that the Landlord's responsibilty - What if unknown person vandalised the house and broke every window. Fine if the kids damage internal glass doors but to me windows are buildings.
2. They want the tenant to indemnify them from any public liability claims by taking out their own insurance - No problem taking out contents cover which does cover public liability but surely a Tenant can't balnket indemnify the landlord from all claims? What if postman or univited caller injures themselves? The buildings cover landlord has should cover this as well. Also by agreeing to indmnify the landlord, that could be seen by tenants insurer as a breach of their terms?
3. Landlord is not registered with PRTB – I checked and no record. This house has been rented for over 2 years previous. Lease makes reference to Landlord been registered with the PRTB.
4. Also on the issue of Building Energy Rating (BER) - When tenant inquired about the BER, estate agent first fobbed her off with this line " Oh, landlord hasn't advertised online, so doesn't need one!!". When it was pointed out to her it was the law, estate agent immediately backtracked and said she would have it but that costs the landlord money - basically they don't have it. House is been rented at 500pm but if it has not BER i would consider that a good cause to reduce the rent?
6. With regards to notice periods – It is a 1 year lease - the landlord can cancel the agreement with only 28 days notice in the first 6 Months and after the 6 months they can give 28 days notice to evict if they intend on selling property or they need it for a them or a family member - Is this normal - seems to allow the landlord to basically only give 28 days notice at any stage in the lease?
7. With regards property tax - Should tenant be getting confirmation that the tax is all up to date in case she is caught for it or is that me just been extra cautious.
8. Also in the agreement is a clause that says tenant needs to mow lawn, tend to garden etc - They're are no lawnmowers or strimmers - Should landlord provide these if they are asking for lawns to be done?
Thanks for the help in advance.0
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1. Tenant is responsible for replacing broken glass in doors and windows – I would consider that the Landlord's responsibilty - What if unknown person vandalised the house and broke every window. Fine if the kids damage internal glass doors but to me windows are buildings.
Tenant is only liable for damage that they cause. There was a thread on here recently where a landlord wanted to charge the tenant for damage to a window that they didnt cause. The tenant took it to the PRTB and won.2. They want the tenant to indemnify them from any public liability claims by taking out their own insurance - No problem taking out contents cover which does cover public liability but surely a Tenant can't balnket indemnify the landlord from all claims? What if postman or univited caller injures themselves? The buildings cover landlord has should cover this as well. Also by agreeing to indmnify the landlord, that could be seen by tenants insurer as a breach of their terms?
Tenant can only insure their own contents. You would need to check this one with the insurance company.3. Landlord is not registered with PRTB – I checked and no record. This house has been rented for over 2 years previous. Lease makes reference to Landlord been registered with the PRTB.
PRTB registration makes no odds to tenant (they can still use PRTB regardless) but is the sign of a negligent landlord if tenany is not registered.4. Also on the issue of Building Energy Rating (BER) - When tenant inquired about the BER, estate agent first fobbed her off with this line " Oh, landlord hasn't advertised online, so doesn't need one!!". When it was pointed out to her it was the law, estate agent immediately backtracked and said she would have it but that costs the landlord money - basically they don't have it. House is been rented at 500pm but if it has not BER i would consider that a good cause to reduce the rent?
BER cert is a legal requirement to rent a property. Id think twice about renting anywhere that the landlord will not get a BER cert.6. With regards to notice periods – It is a 1 year lease - the landlord can cancel the agreement with only 28 days notice in the first 6 Months and after the 6 months they can give 28 days notice to evict if they intend on selling property or they need it for a them or a family member - Is this normal - seems to allow the landlord to basically only give 28 days notice at any stage in the lease?
The landlord cannot cancel a fixed term lease in the first 28 days; that only applies where no lease is in place.
The terms of the part 4 tenancy that apply to a landlord terminating a lease seem to be a grey area. I dont believe that they apply to a fixed term lease (as far as I am concerned a fixed term is just that) and Threshold seem to agree with me (at least thats what they told me), but not everyone agrees. I dont think its ever been challeneged in the PRTB.
If the landlord is talking about ways of them getting out of a lease Id start to hear alarm bells ringing, especially when they dont seem to know the law with regards terminating a lease.7. With regards property tax - Should tenant be getting confirmation that the tax is all up to date in case she is caught for it or is that me just been extra cautious.
The property tax is not the direct responsibility of the tenant. The landlord can build it into the rent, but cannot increase the rent for the duration of the fixed term lease, so if the tax is not paid then its not the tenants problem for the first year anyway.8. Also in the agreement is a clause that says tenant needs to mow lawn, tend to garden etc - They're are no lawnmowers or strimmers - Should landlord provide these if they are asking for lawns to be done?
Im not sure if its a legal requirement, but to me its common sense that if you want tenants to look after the place then you provide them with the tools to do so.
If Im being brutally honest, the fact that you have been told that he cannot afford to pay for a BER cert tells you all you need to know; this guy either has no money or is not interested in properly looking after the place, and to me that says walk away immediately. If you have issues there is a very high risk that they will not be sorted and every problem will turn into a major issue and hassle.0 -
That's my opinion as well but she's set on the house!1Tenant is only liable for damage that they cause. There was a thread on here recently where a landlord wanted to charge the tenant for damage to a window that they didnt cause. The tenant took it to the PRTB and won.
Yeah thought this myself - damage that tenant causes fine.
Tenant can only insure their own contents. You would need to check this one with the insurance company.
I checked with insurance company - contents cover does include public liability.
PRTB registration makes no odds to tenant (they can still use PRTB regardless) but is the sign of a negligent landlord if tenany is not registered.
BER cert is a legal requirement to rent a property. Id think twice about renting anywhere that the landlord will not get a BER cert.
agreed
The landlord cannot cancel a fixed term lease in the first 28 days; that only applies where no lease is in place.
The terms of the part 4 tenancy that apply to a landlord terminating a lease seem to be a grey area. I dont believe that they apply to a fixed term lease (as far as I am concerned a fixed term is just that) and Threshold seem to agree with me (at least thats what they told me), but not everyone agrees. I dont think its ever been challeneged in the PRTB.
If the landlord is talking about ways of them getting out of a lease Id start to hear alarm bells ringing, especially when they dont seem to know the law with regards terminating a lease.
agreed as well.
The property tax is not the direct responsibility of the tenant. The landlord can build it into the rent, but cannot increase the rent for the duration of the fixed term lease, so if the tax is not paid then its not the tenants problem for the first year anyway.
just remember when notices been sent out that I heard if tenant didn't respond they would be liable - could be wrong on this (Im sure I am!)
Im not sure if its a legal requirement, but to me its common sense that if you want tenants to look after the place then you provide them with the tools to do so.
Yeah - I'd agree - they would have to spend up on 300euro for a petrol mower (big garden)
If Im being brutally honest, the fact that you have been told that he cannot afford to pay for a BER cert tells you all you need to know; this guy either has no money or is not interested in properly looking after the place, and to me that says walk away immediately. If you have issues there is a very high risk that they will not be sorted and every problem will turn into a major issue and hassle.0 -
Who drafted this lease? has it been done specifically for the Landlord and was it done by a Solicitor? The Dublin Solicitor's Bar Association has published standard residential lease that is fully up to date with all legislation and is fair and evenly balanced, if I were a tenant and a LL asked me to sign a lease that wasn't the DSBA one I'd want to know why and I'd want to clarify any unusual points in it.0
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just remember when notices been sent out that I heard if tenant didn't respond they would be liable - could be wrong on this (Im sure I am!)
The tax belongs to the landlord. They can pass the tax onto the tenant by way of a rent increase, but that must remain in line with the tenancy act (ie one rent review in a 12 month period, and no increase on the rent while a fixed term lease is in effect). The tenant has no direct responsibility when it comes to the property tax.
I would be advising your SIL to go into this with her eyes open. Explain to her the concerns and point to the areas that show where caution is required with this landlord. She may love the house now, but she will quickly grow to hate it when problems start arising that are not being fixed. Its a painful process to get out of a lease legally, and she would be very foolish to sign a lease with a landlord who has already admitted to not being able to afford one of the basic legal requirements of a tenancy.0 -
The tax belongs to the landlord. They can pass the tax onto the tenant by way of a rent increase, but that must remain in line with the tenancy act (ie one rent review in a 12 month period, and no increase on the rent while a fixed term lease is in effect). The tenant has no direct responsibility when it comes to the property tax.
I would be advising your SIL to go into this with her eyes open. Explain to her the concerns and point to the areas that show where caution is required with this landlord. She may love the house now, but she will quickly grow to hate it when problems start arising that are not being fixed. Its a painful process to get out of a lease legally, and she would be very foolish to sign a lease with a landlord who has already admitted to not being able to afford one of the basic legal requirements of a tenancy.
Agreed I am trying to explain this to her but she is desperate to get a place of her own. She is staying with us and it's a bit of a squeeze.
I'm trying to tell her to take her time and not rush it but I don't think she's taking it in as the breakdown of marriage is still quite fresh.0 -
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I guess the best thing to do is try and impress upon her that the last thing she wants to do is add more stress to her life, which is exactly what she will get if this landlord proves to be trouble.0
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6. With regards to notice periods – It is a 1 year lease - the landlord can cancel the agreement with only 28 days notice in the first 6 Months and after the 6 months they can give 28 days notice to evict if they intend on selling property or they need it for a them or a family member - Is this normal - seems to allow the landlord to basically only give 28 days notice at any stage in the lease?
With a fixed term lease during the first 6 months, a landlord may evict a tenant with 28 days notice, no warning required, if the tenant is in breach of the terms and conditions of the lease.
The only exceptions are for rent arrears (14 day notice required) and anti-social behaviour.0 -
With a fixed term lease during the first 6 months, a landlord may evict a tenant with 28 days notice, no warning required, if the tenant is in breach of the terms and conditions of the lease.
The only exceptions are for rent arrears (14 day notice required) and anti-social behaviour.
So they can only evict tenant if they breach the terms of lease. The way the lease is worded, the landlord can evict tenant for no reason within the first 6 months if they wish by giving 28 days notice.0 -
So they can only evict tenant if they breach the terms of lease. The way the lease is worded, the landlord can evict tenant for no reason within the first 6 months if they wish by giving 28 days notice.
The lease cannot reduce a tenants basic rights as laid out in the tenancy act. A fixed term lease is just that; neither party can just break it (with any notice) for no reason, be it in the first 6 months or any time.0 -
The requirement in the RTA 2004 is that the tenant is in breach of his/her obligations (which would include anything in the RTA 2004 which may not be in the lease).So they can only evict tenant if they breach the terms of lease. The way the lease is worded, the landlord can evict tenant for no reason within the first 6 months if they wish by giving 28 days notice.
IMHO, the PRTB would not uphold a clause where the landlord has the right to evict a tenant for no legal reason but the tenant has no right to leave if the tenant wishes to. Such a break clause should give equal rights to tenant and landlord.0 -
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Fixed term leases regularly contain break clauses. This is just a break clause which applies to one party only.A fixed term lease is just that; neither party can just break it (with any notice) for no reason, be it in the first 6 months or any time.
I agree with you that it's completely unfair in favour of the landlord, but I can't think of any rights that the tenant has under the Residential Tenancies Act that it takes away. The tenant does not have security of tenure in the first six months of a tenancy.odds_on wrote:IMHO, the PRTB would not uphold a clause where the landlord has the right to evict a tenant for no legal reason but the tenant has no right to leave if the tenant wishes to. Such a break clause should give equal rights to tenant and landlord.0 -
the world wonders wrote: »....The tenant does not have security of tenure in the first six months of a tenancy.
...but if the fixed term contract wasn't in place they could give notice of 28 days without specifying a reason, so it's unbalanced in that sense?
It's now standard (good) practice to have a break clause before the tenant gets security of tenure after six months so the landlord can get shot of a bad tenant, but I think the break option would apply to both parties to the contract? This break clause wasn't in the last tenancy agreement we offered, but will be from now on.
I'm interested to hear a definitive view on this either way TBH!0 -
Its a fixed term lease; if the landlord could legally turf out a tenant with 4 weeks notice for any reason then there would be literally no reason to have a lease in the first place. The fixed term means something; it offers a lot more protection than the tenant would have on a lease-less part 4 arrangement.0
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I agree completely with djimi.Its a fixed term lease; if the landlord could legally turf out a tenant with 4 weeks notice for any reason then there would be literally no reason to have a lease in the first place. The fixed term means something; it offers a lot more protection than the tenant would have on a lease-less part 4 arrangement.
Because a new tenant keeps calling a landlord for this, that and the other, the landlord could decide that he'd had enough and decide to evict but with a fixed term lease he cannot evict unless the tenant is in breach of his obligations - and that, without any form of warning. If said tenant is in breach, a landlord can immediately serve a 28 day NoT.
Now, and I haven't seen or read about the converse. If a landlord is in breach of his obligations, during the first six months of a fixed term lease, does the tenant have the same right to serve a just a 28 day NoT on a landlord if he is in breach of his obligations - or does the tenant have to advise/warn the landlord of the breach first?
Perhaps the mods may think of splitting this to a new thread.0
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