Burns Nowlan Solicitors Newbridge
Burns Nowlan Solicitors Newbridge

Landlord & Tenant

This area of law regulates the relationship between the Landlord [ the owner of a property] and the Tenant [ the person/company wishing to rent the property from the Landlord]. It also refers to properties which are either residential or commercial in nature .

In order to ensure that the terms of an agreement are clearly understood thereby reducing the possibility of a dispute arising  between a Landlord and Tenant it is essential that a formal agreement is entered into between both parties. People may often feel that a formal agreement introduces an idea that one party may not fully trust the other. However it is only when a dispute or misunderstanding arises that the benefits of a formal written agreement can be seen.

House/Apartment letting agreements require the following points to be confirmed:-

  1. The full name and address of both Landlord and Tenant.
  2. The correct address of the property being let.
  3. Whether the property contains furniture or not. If it does a complete inventory should be prepared and a value given to it.
  4. The rent payable –whether weekly, four weekly or (calendar) monthly.
  5. The deposit payable – normally four weeks rent. It is essential that the Tenant is made aware the conditions attaching to the return of the deposit.
  6. All accounts relating to the house are to be transferred into the name of the tenant –ESB; Telephone; Refuse.
  7. If more than one tenant is occupying the house/apartment whether simply one nominated person is responsible for the rent or all are jointly and severally responsible for the rent.

All house/apartment letting agreements must now be registered with the Private Residential Tenancies Board.

Commercial Letting Agreements/Leases will normally be more complex and detailed in relation to the above issues. These agreements will also normally provide for the following:-

  1. Rent Review clauses – whether the rent will be reviewed every three or five years.
  2. Whether the tenant will be responsible for all accounts including commercial rates and water and refuse charges.
  3. Whether a guarantor will be required to join in the lease.
  4. The period of the lease –four years and nine months or thirty five year leases. This issue will have considerable implications for the landlord in relation to his/her future ownership and/or use of the property.
  5. Provision for insurance ; repainting; notices; user of the property.

Before drawing up a lease for a client we seek specific details such as those outlined above. In addition any such lease drafted will be tailored to suit the requirements of a particular landlord or tenant in order to ensure that all parties know their respective obligations and responsibilities.

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