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 disputes on the RTB Website
- If you are using a lease give the tenant a copy of the 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 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.
- Four Year Right
Any tenancy that commenced before the 24th December 2016 has a statutory 4 year right.
- Six Year Right
A tenant commencing a tenancy after the 24th December 2016 will have a statutory six year right to the property.
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 officeDuring 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 fixed term lease agreement may give a tenant greater entitlements than the law does 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 agreed. 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 minimum 28 days can then be served. Rent can be reviewed 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.