Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Query on Special Conditions in lease

Options
  • 16-04-2014 1:40pm
    #1
    ellejay
    Registered Users Posts: 1,257 ✭✭✭


    Hi

    I'm wondering is it usual for a landlord to have the following in a lease:

    "There will be a forfeit of Deposit should the rent be more than 5 days late."
    - rent has never been even 1 day late

    "Term is for one year and thereafter to be reviewed. If this term is cut short by the tenant, deposit is forfeited."
    - this is third year renewal

    "When handing back the house, it must be as you received it or deposit will be with held."
    - house is in better condition now than when we originally rented it.

    "Should the landlord wish to sell or take possession of the house he may do so on one month clear notice in writing to the tenant."


    Many Thanks for any thoughts on above.


Comments

  • Options
    #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    ellejay wrote: »
    Hi

    I'm wondering is it usual for a landlord to have the following in a lease:

    "There will be a forfeit of Deposit should the rent be more than 5 days late."
    - rent has never been even 1 day late ILLEGAL - notice of arrears must be issued, must be paid within 14 days

    "Term is for one year and thereafter to be reviewed. If this term is cut short by the tenant, deposit is forfeited."
    - this is third year renewal ILLEGAL - you can assign your lease

    "When handing back the house, it must be as you received it or deposit will be with held."
    - house is in better condition now than when we originally rented it. Normal wear and tear is legally permitted, a landlord cannot penalise you for this

    "Should the landlord wish to sell or take possession of the house he may do so on one month clear notice in writing to the tenant." ILLEGAL

    Many Thanks for any thoughts on above.

    That landlord sounds like they could have an expensive time with the PRTB!


  • Options
    #3
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,384 CMod ✭✭✭✭Pawwed Rig


    As athtrasna says above the conditions are unenforceable. A contract cannot diminish your rights like this.

    Should the LL try to rely on any of these he will fail.


  • Options
    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Looks like an unknowledgeable landlord has made up his own lease agreement without knowing or disregarding everything the the RTA 2004 and tenants' rights.


  • Options
    #5
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    odds_on wrote: »
    Looks like an unknowledgeable landlord has made up his own lease agreement without knowing or disregarding everything the the RTA 2004 and tenants' rights.

    ...or a landlord hoping his tenants are not aware of their rights.


  • Options
    #6
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    ellejay wrote: »
    - this is third year renewal
    Is the LL dropping the rent a little, or why not just go the Part 4 route?


  • Advertisement
  • Options
    #7
    ellejay
    Registered Users Posts: 1,257 ✭✭✭ellejay


    the_syco wrote: »
    Is the LL dropping the rent a little, or why not just go the Part 4 route?

    No actually, they're increasing the rent for the second year in a row.
    They've moved abroad so communication with them is by email.

    Which has made me realise I don't have contact details for them here at all.

    In our last "inspection" the landlords (married couple home on holiday) arrived out with her father, marched all over the house and took loads of photographs. don't know why this annoys me but it does.


  • Options
    #8
    ellejay
    Registered Users Posts: 1,257 ✭✭✭ellejay


    the_syco wrote: »
    Is the LL dropping the rent a little, or why not just go the Part 4 route?

    I guess I'm worried if I don't sign her lease she'll ask us to move.
    Maybe she doesn't even know about the part 4


  • Options
    #9
    Marcusm
    Registered Users Posts: 10,328 ✭✭✭✭Marcusm


    Don't forget to withhold 20% of the rent and pay it to Revenue unless the non resident landlord has appointed an Irish agent to receive the rent. That would likely soften their cough (as well as being your obligation).


  • Options
    #10
    ellejay
    Registered Users Posts: 1,257 ✭✭✭ellejay


    Worth noting Marcusm!!!
    Seriously though I hope I don't have to go down that route.


  • Options
    #11
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ellejay wrote: »
    Worth noting Marcusm!!!
    Seriously though I hope I don't have to go down that route.

    You have no choice you must deduct 20% of the rent at source and remit to revenue you have no say in this nor does your landlord, unless as said your landlord has appointed a local agent.

    http://www.revenue.ie/en/tax/it/leaflets/it70.html#section21

    "What If Your Landlord Is Not Resident In The State?
    If your landlord resides outside the Republic of Ireland (the State) and you pay rent directly to them or to their bank account either in the State or abroad, you must deduct income tax at the standard rate of tax (currently 20%) from the gross rents payable.
    Failure to deduct tax may leave you liable for the tax that should have been deducted."


  • Advertisement
  • Options
    #12
    ellejay
    Registered Users Posts: 1,257 ✭✭✭ellejay


    ok Thanks Pro Hoc Vice


Advertisement