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Tenancy agreement queries

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  • 28-03-2015 12:13am
    #1
    pinkmonkey045
    Registered Users Posts: 48 ✭


    Hi there,
    I'm not overly familiar with the rights of landlords/tenants and the prtb have been no help whatsoever in giving me any advice, so thought I'd throw it out here as I'm sure these are easy answers.

    In a rental tenancy agreement, why would it say the tenant will pay stamp duty, if needed?
    Also - for a landlord to be able to terminate the lease with no reason given , in the first 6 months? For the landlord to keep the deposit if the tenant ends the lease early, even with 28 days notice... Are these standard items? Is 24 hour notice to inspect the property standard? Thanks! Would be really appreciated if anyone has any/neutral insight!


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    pinkmonkey045 wrote: »
    Hi there,
    I'm not overly familiar with the rights of landlords/tenants and the prtb have been no help whatsoever in giving me any advice, so thought I'd throw it out here as I'm sure these are easy answers.

    In a rental tenancy agreement, why would it say the tenant will pay stamp duty, if needed?
    Also - for a landlord to be able to terminate the lease with no reason given , in the first 6 months? For the landlord to keep the deposit if the tenant ends the lease early, even with 28 days notice... Are these standard items? Is 24 hour notice to inspect the property standard? Thanks! Would be really appreciated if anyone has any/neutral insight!

    Op stamp duty is charged on certain documents including some leases. However this is typically on commercial leases, you signed a lease which was prepared to cover both residential and commercial leases. See below:

    Lease
    Stamp duty is charged on both the rent and the premium.
    Premium: Stamp duty is charged at the same rate as a transfer.
    Rent: If the lease is for a term which is indefinite, or for less than 35 years, the rate is 1% of the average annual rent. But if the lease relates to a house or apartment, and the annual rent is less than €30,000, the lease is exempt.
    If the lease is for a term between 35 and 100 years, the rate is 6% of the average annual rent.
    If the lease is for a term exceeding 100 years, the rate is 12% of the average annual rent.

    Legally the landlord can terminate the agreement in the first six months, consider this a "getting to know you" period, that is not to say though that it is easy to get the tenant out.

    If you sign a year agreement both parties are agreeing a legally binding contract to rent the property. From then on you are both bound by the terms and conditions of the contract. If you breach the terms of the contract say be leaving before the term is up, then the land lord is entitled to continued payment of rent. You are required to pay the rent until the term expires but the ll (and you in your own self interest) are required to minimise the loss by renting to a new tenant as soon as possible. The deposit is often used as rent because in most cases the tenant who moves out early stops paying when they move.

    The ll is required to give notice of his/her intention to inspect the property or to carry out repairs. This is in agreement with the tenant and the ll cannot just barge in. However if it is agreed in the lease that you will consent with 24 hours notice then at least everyone knows from the start where they stand. 24 hours seems short notice to me, I would normally give a weeks notice except where I have to urgently replace or fix something like a fridge or a leaking toilet.


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    #3
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    Also - for a landlord to be able to terminate the lease with no reason given , in the first 6 months? For the landlord to keep the deposit if the tenant ends the lease early, even with 28 days notice... Are these standard items?
    Is it a fixed term lease? A fixed term with a break clause that can be exercised by the landlord only would be quite unfair and non-standard in my opinion. If it's not a fixed term lease then it's absolutely standard that the landlord can terminate the tenancy without needing a reason within the first six months.
    For the landlord to keep the deposit if the tenant ends the lease early, even with 28 days notice... Are these standard items?
    The landlord may only retain the deposit to cover their losses i.e. damages plus cost of re-letting plus any vacant time before the next tenant moves in. You are legally entitled to the remainder of your deposit back.
    Is 24 hour notice to inspect the property standard?
    Pretty much.


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