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ADVICE FOR

TENANTS

Home » Advice for T enants

(1) What documents should I have for the landlord/agent?

(2) What is a f ixed term tenancy?

(3) What additional costs will I be responsible for during the tenancy?

(4) What duties do I owe the landlord?

(5) What duties does the landlord owe me?

(6) Condition of the property?(7) Who is responsible for necessary repairs during the course of the

tenancy?

(8) Getting my deposit back?

 (1) What documents should I have for the landlord/agent?

At the time of viewing a property we advice that you have a photocopy

of the following;

1. (i) Passport/Driving Licence with your PPS Number attached.

2. (ii) Current employment reference.

3. (iii) Current or most recent landlord reference

4. (iv) Copy of Bank Statement.

5. (v) Contact details

If you have all these documents with you and there are a number of 

Advice for Landlords

Advice for Tenants

SERVICES

LISTINGS

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I

interested parties without the above vying for the property you will

automatically stand out and have an advantage as you are so well

prepared something both a landlord and an agent will appreciate.

(2) What is a xed term tenancy?

A fixed-term tenancy is an agreement that covers a specific amount of 

time. The agreement is generally set down in writing. This written

contract is called a lease. A lease may be for any period, but most

commonly ranges from as little as six months up to a year or more.

The lease will state how much rent you have to pay, how often you

have to pay it and other conditions. You are strongly advised to make

sure that you understand the terms of the lease before you sign it. A

lease is a binding contract between you and the landlord and contains

important information on the terms of your tenancy.

However a lease cannot contain terms that contradict the legal rights

of tenants and landlords. I f this happens, your legal rights as a

landlord or tenant supersede the terms in the lease. For example,

landlords cannot enter the property at any time without seeking your

permission. This is the case even where their right to enter the

property at any time is stated in your lease. Adequate and reasonable

notice must be given, normally between 48-24 hours notice.

If you sign a lease with others, (that is, you are sharing the

accommodation and rent with other people) you each become

responsible for all the rent. So, if your fellow tenants cannot pay their

share of the rent, you may be legally liable for the entire amount. If 

you sign a lease on behalf of the other tenants you become

responsible for all the rent.

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The differences between the two types of tenancies have become less

important since the Residential Tenancies Act 2004 (pdf)  came into

effect. Under this legislation tenants have much more security than

they used to have. You now have the right to stay in rented

accommodation for the remainder of a 4-year period, following an

initial 6-month probationary period. This type of tenancy is known as a

Part 4 tenancy.

(3) What additional costs will I be responsible for during the

tenancy?

You will generally be responsible for addition expenses but this will al

depend on a lease by lease basis as some rents may include utilities

etc. The most common additional expenses are;

– Electricity,

– Gas,

– Telephone/Internet

– T.V licence

– Stamp Duty if the annual rent exceeds €30,000.

– Contract cleaners at the expiration of your lease

It has not yet been decided as of from 2013 who will be responsiblefor the household tax and water rates that may be introduced.

(4) What duties do I owe the landlord?

The duties a tenant owes to landlord will vary on a letting by letting

basis and are outlined in the lease agreement.

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But generally speaking a tenant is obliged to pay to the landlord or his

agent the agreed rent in full in the fashion as specified in the lease and

on time. Tenants are also responsible as to not cause wanton damage

to the property and not to use the property for a purpose contrary to

the intended purpose the property was rented for.

The tenant is also obliged to allow the landlord or an agent on his

behalf to inspect the property throughout the year provided

reasonable notice has been given.

(5) What duties does the landlord owe me?

Again the landlords duties, obligations and responsibilities may vary

from letting to letting and can be found in the lease agreement.

However, tenants have the added protection of the Residential

Tenancy Act 2004. Irrespective of whether the landlord specified his

duties under the lease he will be responsible under the 2004

Residential Tenancy Act to abide by the legislation further a landlord

cannot contract out of their responsibilities.

The main responsibility of the landlord is to provide the property in

habitual condition and to allow the tenant have free peaceful

possession of the property without disturbance from the landlord.

(6) Condition of the property?

Before renting a unit, a landlord must make the rental unit fit to live in,

or “habitable.”

The property should be rented in a habitual condition so as to be fit

for the purpose of residing in the property without the risk of danger

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to anyone residing in the property.

There are many kinds of repair problems that could make a rental unit

unlivable. The implied warranty of habitability requires landlords to

maintain their rentals in a condition fit for the “occupation of human

beings.” In addition, the rental unit must “substantially comply” with

building and housing code standards that materially affect tenants’

health and safety.

A dwelling may be considered uninhabitable if it substantially lacks any

of the following:

– Effective waterproofing and weather protection of roof and exterior

walls, including unbroken windows and doors.

– Plumbing facilities in good working order, including hot and cold

running water, connected to a sewage disposal system.– Gas facilities in good working order.

– Heating facilities in good working order.

– An electric system, including lighting, wiring and equipment, which is in

good working order.

– Clean and sanitary buildings, grounds and appurtenances (for

example, a garden or a detached garage) which are free from debris, filth,

rubbish, garbage, rodents and vermin.

– Floors, stairways and railings in good repair.

In addition to these requirements, each rental unit must have all of the

following:

– A working toilet, wash basin, and bathtub or shower; the toilet and

bathtub or shower must be in a room that is ventilated and allows for

privacy.

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– A kitchen with an adequately functioning sink, taps and drainage

– Fire blanket or extinguisher. 

(7) Who is responsible for necessary repairs during the

course of the tenancy?

Landlords must repair problems that make a rental unit unfit to live in,or “uninhabitable.” While the unit is being rented, the landlord must do

maintenance work and make repairs which are necessary to keep the

unit livable.

Under the implied warranty level of habitability, the landlord is

responsible for repairing conditions that seriously affect the rental

unit’s habitability. Whether the landlord or the tenant is responsible for

making less serious repairs is usually determined by the rentalagreement.

For example, it is the landlord’s responsibility to fix a leaking roof 

because the implied warranty of habitability requires that the roof not

leak. But the implied warranty of habitability does not require the

landlord to repair damages that are caused by the tenant’s family,

guests or pets, or to clean up trash that is left by tenants or those for

whom the tenant is responsible.

(8) Getting my deposit back?

This is the biggest cause of disputes. Essentially a tenant is entitled to

their full deposit back within a responsible time (normally within 7

days) if they satisfy the following;

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1. (i) They have resided in the property for the full duration of their lease,

or if there is no lease in place they have given the adequate notice period

under the Residential Tenancy Agreement 2004.

2. (ii ) They have paid all their rent up until vacating the property.

3. (iii) All utility bills have been discharged or the accounts have been

transferred with them.

4. (iv) The property is in the same condition it was in when they first took

over possession less a reasonable level of wear and tear.

5. (v) The inventory is the same as when they moved in and nothing has

been broken or if it has that it has already been replaced by a similar item of 

the same quality.

In relation to (i) it is critical for tenants to understand what they

agreement they are entering into. Many tenants are of the believe that

they are always able to terminate their tenancy provided they give 1

months notice even though there is a fixed term lease in place. This isnot the position, further technically a landlord is entitled to be

compensated for any lost rent he may suffer from the breach of the

lease. However, a tenant is allowed to find another suitable tenant to

assign the remainder interest in the lease to as the landlord cannot

unreasonably withhold consent to the assignment.

In relation to point (iv) and (v) above we always advise our tenants to

record on their phones if possible the condition of the property on thedate they take occupation showing the condition the property was in.

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