Good Practice

QUICK GUIDE TO LETTING PROPERTY

  • When letting the property ensure that everything in the property is in order and that it is decorated to a good standard. Show the prospective tenants around. Complete an application form for each prospective tenant.  Set up a file for each letting and keep all your documents together.  Review the applications from the tenants and make a decision to whom you propose to let the property.  Be careful not to discriminate under the Equal Status Legislation.
    • Check the tenant’s references.
    • Check the RTB Website
    • If you are using a lease give the tenant a copy of a lease agreement to look over, explain the contents and ask them to be sure that they understand it and are willing to comply with each item.
    • Take the deposit and give the tenant a receipt.
    • Photograph, video or itemise everything in the property and its condition and organise to have the tenant inspect and then sign this inventory prior to them moving in. Ensure that everything is in working order.
    • Organise to get the appropriate lease agreement signed and witnessed and the RTB registration form filled out if required.
    • If the tenancy is under the Residential Tenancies Acts register it within one month with the Private Residential Tenancies Board for a fee of €90 if registered after one month it will cost €180. This can be done online at www.rtb.ie or by completing a paper based form and posting it to them.
    • Give the tenant a contact phone number in case of any problems and a payments receipt book and get a signed receipt.
    • Make sure that the tenant is clear on when the rent is due and how much must be paid. Organise a time when the landlord can collect it, or give details of the bank account and ensure that this is documented and signed.
    • Change the gas, electricity, water bills out of the landlords name and into the tenant’s name if they are to be liable.
    • In the case of a house being let as one unit ensure that the bin charges are put into the tenants name by writing to the relevant authority and giving them the name of the tenant and the date that they moved in. Request confirmation that they have amended their records.
    • In the case of a house in multiple occupation the landlord is responsible to ensure that the bin charges are paid, this can be done by organising the tenant to pay directly and checking that they are doing so, or by collecting the amount due with the rent and paying the charges yourself.
    • When collecting rent be sure to give a receipt itemising the amount given, the period that it is due, the date and keep a copy for your own records. A duplicating receipt book could be used. If it is being paid into the bank give a statement periodically showing the payments.
    • Every three months ask the tenant if everything is satisfactory and if it is ask them to sign a sheet confirming same, make sure that this is dated.
    • If a problem arises with the property deal with it promptly and check with the tenant that they are satisfied.
    • If you have a problem with a tenant, tell them verbally as quickly as possible and in writing, keeping a copy for your records.

    Six Year Right
    A new tenant will have a six month probationary period in a property and if they are not given notice of Termination during that period they will have an automatic right to a further five and a half years in the property. (The three and a half years is called a Part Six Tenancy)
    The landlord can terminate the tenancy during the 6 month probationary period provided he gives valid Notice of Termination in writing and there is no fixed term lease in place. If a fixed term lease is given other conditions have to be met. Please ring the office

    During the balance of the part four/six agreement the landlord can only terminate the tenancy under the following circumstances:-

    • The tenant is in breach of the tenancy agreement.
    • The landlord needs the property for his own use or that of a member of his family.
    • The landlord intends to carry out substantial refurbishment.
    • The property is no longer suitable for the accommodation needs of the tenant.
    • The landlord is intending to change the usage of the property.
    • The landlord is intending to sell the property.

    A lease agreement may give greater entitlements and before taking any action be careful to check the lease agreement.

    If you are terminating a tenancy this must be done in writing
    A notice of termination must contain certain items for it to be valid, please contact the office for information.

    A tenant in the property up to six months is entitled to 28 days notice.

    Termination of Tenancy
    Duration of Tenancy                                        By Landlord     By Tenant

    Less than Six Months                                          28 days          28 days
    Six Months or More but less than a year               35 days          35 days
    One year or more but less than 2 years                42 days          42 days
    Two years or more but less than 3 years              56 days          56 days
    Three years or more but less than 4 years            84 days          56 days
    Four or more years but less than 5 years             112 days         56 days
    5 years or more but less than 5 years                  140 days         84 days
    6 years or more but less than 7 years                  168 days         84 days
    7 years or more but less than 8 years                  196 days        84 days
    8 years or more                                                  224 days      112 days

  • A tenant does not have to stay four/six years unless a fixed term lease has been signed.. Tenants can leave at any time provided they give the correct notice outlined in the table above and have not signed a fixed term lease. Non Payment of Rent
    If this occurs during the first six months and there is no fixed term agreed then a notice of Termination of 28 days will suffice provided you do not put in any reason.
    If there is a lease in place then you have to notify the tenant in writing that an amount of rent due has not been paid and the consequences of the non payment i.e. the tenancy will be terminated. If it is not brought up to date within 14 days from the date of receipt of the letter then a notice of termination can be served. If this occurs during the part 4 tenancy the tenant has to be given 14 days notice in writing immediately that if they do not pay the arrears during this period they will be served with notice of termination. After the 14 days notice has elapsed and if the arrears are still in place, notice of termination of 28 days can then be served.  Rent can be varied every 24 months at the market rate in writing and giving 90 days notice but not during the first 24 months of a tenancy in areas that are not Rent Pressure Zones.