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Signing a lease, paying deposit etc.

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  • 28-02-2014 9:46am
    #1
    Registered Users Posts: 608 ✭✭✭


    Hey.

    So myself and the OH were waiting on a call from the estate agents of the property we are due to move into tomorrow (the 1st). We transferred the deposit to their account a few weeks ago. They called yesterday to ask us to come in to the office to sign the lease and also requested the first month's rent in cash. I thought it was slightly short notice to withdraw such a sum and my OH has already supplied his account details for DD which we were told was how the rent would be collected. Just wondering if it would be ok for us to call them first thing this morning and ask that the money be transferred instead?

    Also with regards to signing the lease, I would like a bit of time to read through it without the pressure of them waiting on us to sign (the current landlord tried to get us to sign without reading it) so would it be reasonable to take it away with us or as tomorrow is the move in day would it need to be signed today?

    Are we entitled to be given the landlord's contact details too? We've never been told a name or anything and I'd just like to know.

    Sorry for all the questions, it'll be our first proper lease and first dealings with an agency.


Comments

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


    First month up front is absolutely standard; its not exactly short notice if you are expecting to move in tomorrow. The agent most likely wont hand over the keys until they have the money in their account, so while you are free to do a bank transfer (and this is what I would be doing), its probable that they will not get the money until Monday so you may not get the keys this weekend.

    Again with the lease you most likely will not get the keys until the lease has been signed. It is of course your right to take it away and read over it properly before signing.

    Your best bet might be to adjust your move in date until Monday. Transfer the money today with the expectation that it will land in the agents account on Monday, and while you wait take the lease home over the weekend and give it a good read over.

    Yes you are entitled to the landlords details.


  • Registered Users Posts: 402 ✭✭seb65


    Cocolola wrote: »

    Also with regards to signing the lease, I would like a bit of time to read through it without the pressure of them waiting on us to sign (the current landlord tried to get us to sign without reading it) so would it be reasonable to take it away with us or as tomorrow is the move in day would it need to be signed today?

    Are we entitled to be given the landlord's contact details too? We've never been told a name or anything and I'd just like to know.

    Sorry for all the questions, it'll be our first proper lease and first dealings with an agency.

    Ask them to email you a copy of the lease so you can review it today. Our EA did that actually about a week before we moved in and there were some minor changes. Of course, you'll still need to review the copy you sign tomorrow.

    Tell them you want the LL's name and contact number. What if something goes wrong - burst pipe, etc and you cannot get a hold of the EA.


  • Registered Users Posts: 485 ✭✭Lombardo86


    Cocolola wrote: »
    Hey.

    So myself and the OH were waiting on a call from the estate agents of the property we are due to move into tomorrow (the 1st). We transferred the deposit to their account a few weeks ago. They called yesterday to ask us to come in to the office to sign the lease and also requested the first month's rent in cash. I thought it was slightly short notice to withdraw such a sum and my OH has already supplied his account details for DD which we were told was how the rent would be collected. Just wondering if it would be ok for us to call them first thing this morning and ask that the money be transferred instead?

    Also with regards to signing the lease, I would like a bit of time to read through it without the pressure of them waiting on us to sign (the current landlord tried to get us to sign without reading it) so would it be reasonable to take it away with us or as tomorrow is the move in day would it need to be signed today?

    Are we entitled to be given the landlord's contact details too? We've never been told a name or anything and I'd just like to know.

    Sorry for all the questions, it'll be our first proper lease and first dealings with an agency.

    Standard practice would be deposit up front and first months rent (for me this was at the same time). But since yours was separate, obviously they will need the rest of the money. Cash was probably just easiest - i see no issue with a funds transfer to their account. It will only take 1 day if you transfer from another bank and submit before 3pm

    How will it work with the DD you have setup? If you wait for that, will you be in the house before paying the rent etc? The agent probably just wants it all to line up. What i mean by that is he wants first months rent and then from then on you will be on DD for months 2, 3 and 4 etc


  • Registered Users Posts: 608 ✭✭✭Cocolola


    djimi wrote: »
    First month up front is absolutely standard; its not exactly short notice if you are expecting to move in tomorrow. The agent most likely wont hand over the keys until they have the money in their account, so while you are free to do a bank transfer (and this is what I would be doing), its probable that they will not get the money until Monday so you may not get the keys this weekend.

    Again with the lease you most likely will not get the keys until the lease has been signed. It is of course your right to take it away and read over it properly before signing.

    Your best bet might be to adjust your move in date until Monday. Transfer the money today with the expectation that it will land in the agents account on Monday, and while you wait take the lease home over the weekend and give it a good read over.

    Yes you are entitled to the landlords details.

    Oh sorry I should have clarified, we've no problem paying in advance, just wasn't expecting it to be requested in cash with one days warning, thought it would be coming out as a DD. It's nothing major really just a bit tricky with the ATM withdrawal limits.

    Unfortunately we have furniture arranged to come at the weekend so well just have to suck it up! Thanks for the info.
    seb65 wrote: »
    Ask them to email you a copy of the lease so you can review it today. Our EA did that actually about a week before we moved in and there were some minor changes. Of course, you'll still need to review the copy you sign tomorrow.

    Tell them you want the LL's name and contact number. What if something goes wrong - burst pipe, etc and you cannot get a hold of the EA.

    Thanks, just sent them an email asking for it thank you.


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


    Cocolola wrote: »
    Oh sorry I should have clarified, we've no problem paying in advance, just wasn't expecting it to be requested in cash with one days warning, thought it would be coming out as a DD. It's nothing major really just a bit tricky with the ATM withdrawal limits.

    Unfortunately we have furniture arranged to come at the weekend so well just have to suck it up! Thanks for the info.

    Check with your bank and see when the transfer will hit the landlords account. With my account, a transfer on Friday wouldnt normally get to me until Monday, but if you are both with the bank then it will happen on the same day. You might get lucky that way.

    And talk to the agent and see what they say; as they have your deposit they might be happy to give you the keys now on the understanding that you will have the money on Monday, or if you can show them that it was transferred today. Cant hurt to ask!


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  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Cocolola wrote: »
    Hey.


    Are we entitled to be given the landlord's contact details too? We've never been told a name or anything and I'd just like to know.

    Sorry for all the questions, it'll be our first proper lease and first dealings with an agency.
    You are not only entitled to the landlord's name and address but it is a legal requirement.
    If you should have to make a claim regarding the tenancy, the claim is against the landlord and not against his agent (though the agent may be included). Therefore, you require the landlord's details where any legal documents to be sent.

    It is also a requirement of the Rent Book act and, as most leases act as the rent book, the landlord's details are required as well as, if any, the agent's details.

    However, an emergency contact number for the landlord is not required if there is an agent, acting for the landlord, who looks after the day to day running of the property.

    The agent must be "authorized" by the landlord to act on his behalf - thus the agent should be able to furnish you, the tenant, with a legal authorization, which should also give the landlord's details.


  • Registered Users Posts: 608 ✭✭✭Cocolola


    Thanks for all the advice, really appreciate it. The agents agreed to the bank transfer so that's all good and I got a copy of the lease emailed to me.

    Few more questions if I may!? Some sections of the lease I want to highlight:
    To pay the Stamp Duty charged on the original and counterpart of this Agreement, if any.

    I will be asking the agents of course but just wanted to know what it means really before going in.

    To pay promptly to the authorities or to whomever they are due, local authority, refuse charges
    and outgoings (including gas, water, electricity, cable television and telephone if any, relating
    to the property) including any which are imposed after the date of this Agreement (even if of a
    novel nature) and to pay the total cost of any re-connection fee relating to the supply of gas,
    water, electricity, cable television and telephone if the same is disconnected or the operating
    company changed.

    and a more simplified version further down the lease:
    The Tenant shall pay water rates, cable tv charges and Local Authority charges levied on the
    property.

    Ok the standard household bills I understand, but do the novel charges relate in any way to the property tax or the household charge? Any whatever the other million new taxes are? What counts as Local Authority charges?
    Also the last line has me confused, we currently have, for example, an account with Electric Ireland, we were just going to transfer the account to the new address, but does that sentence mean that if the house is currently supplied by Airtricity or something that we will have to pay some kind of charge? Apologies if I'm reading these all wrong, find legal wordings a pain.


  • Registered Users Posts: 484 ✭✭Eldarion


    Cocolola wrote: »
    Ok the standard household bills I understand, but do the novel charges relate in any way to the property tax or the household charge? Any whatever the other million new taxes are? What counts as Local Authority charges?
    Also the last line has me confused, we currently have, for example, an account with Electric Ireland, we were just going to transfer the account to the new address, but does that sentence mean that if the house is currently supplied by Airtricity or something that we will have to pay some kind of charge? Apologies if I'm reading these all wrong, find legal wordings a pain.

    The household charge / property tax is a Local Authority charge, however it is the owner that is liable unless you're a tenant with a lease >20 years. Might want to seek explicit clarification in this case though. Fairly sure TV License and whatever this new Broadcasting Charge will be called will also be considered as a Local Authority charge and most likely will be liable to the tenant.

    As for the utility accounts, no charge to you. You'll take your end meter reading at your previous address, your new meter reading at your new address and send them all to your current provider asking for the changeover. There should be no additional charge to you. You should only incur a new charge if you're setting up a new account with a new provider or closing an account with a previous provider.


  • Registered Users Posts: 608 ✭✭✭Cocolola


    Would anyone be able to clarify whether or not a property that is rented as unfurnished still has to comply with the minimum standards? Specifically as regards to the provision of a microwave? I was told by the agents that it had an oven, hob, fridge/freezer, washer/dryer and microwave, but there's no microwave. I emailed to ask about it and was just told there now that it's not provided in an unfurnished property, nor is a toaster, kettle etc. (not that I expected those to be).

    I know it's such a small thing and to be honest I'm a bit wary of pi**ing the landlord off as we were warned she was doing nothing to the house so I don't want to be causing hassle over a thing like a microwave and risking ill feelings towards us as we'd like to be long term tenants.


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


    Yes, minimum standards are minimum standards, whether its furnished or unfurnished.

    To be honest, you can get a microwave in Power City for €50, which is all that you would be provided with anyway, so if it were me I would just buy my own (and would save up to get a half decent one that I know will last).


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  • Registered Users Posts: 312 ✭✭Gasherbraun


    Cocolola wrote: »
    Would anyone be able to clarify whether or not a property that is rented as unfurnished still has to comply with the minimum standards? Specifically as regards to the provision of a microwave? I was told by the agents that it had an oven, hob, fridge/freezer, washer/dryer and microwave, but there's no microwave. I emailed to ask about it and was just told there now that it's not provided in an unfurnished property, nor is a toaster, kettle etc. (not that I expected those to be).

    I know it's such a small thing and to be honest I'm a bit wary of pi**ing the landlord off as we were warned she was doing nothing to the house so I don't want to be causing hassle over a thing like a microwave and risking ill feelings towards us as we'd like to be long term tenants.

    The agent is wrong. Whether a property is furnished or unfurnished does not affect the landlords liability to meet minimum standards. As you say though making an issue over an item that can be purchased for circa €40.00 may be counter productive.


  • Registered Users Posts: 608 ✭✭✭Cocolola


    Ya we were gonna buy one for €40 in Argos yesterday but didnt have the cash after buying the other basics but I think perhaps we'll just (begrudgingly!) take the hit and save the complaints for any more serious issues that may arise.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    The agent should be corrected as a microwave must be supplied under the law.

    Whether the OP decides to buy one himself is irrelevant.

    There are so many agents who either do not know the law or try to pull the wool over the tenant's eyes with misinformation.


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