Archives for Landlord Query of the Week

Mice In Property – Who Is Responsible – Landlord Or Tenant?

30th June Question My tenant has reported finding mouse droppings under the kitchen sink and has heard scratching noises coming from the attic of the property. They have requested that I organise pest control to do a site visit. Is this my responsibility or the tenant’s responsibility?   Response The responsibility for dealing with vermin or other pests and infestations can either be the tenant’s or the landlord’s responsibility, depending upon whose actions or inactions caused the problem. A rodent issue may be caused by the tenant’s negligence – for example not putting out rubbish, leaving food around the property
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Couple/Joint Tenants Seperating

23 June 2021 Question I rent out my two-bed property to a couple who have recently split up. One has stopped living at the property-having moved out and taken their belongings with them. The remaining tenant let me know that the rent would be slightly late because he was struggling to pay for both. I do sympathise with the remaining tenant, but I have a mortgage on the property and need the full rent paid – is there anything I can do? Response: This can be a common enough situation. When multiple tenants sign a tenancy, they are all jointly
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Categories: Landlord Query of the Week.

What Insurance Does A Landlord Need In Place By Law?

10/06/2021   Question: I am a new Landlord, what insurance cover do I need in place by law? What are the types of Insurance available?   Response: By virtue of the Residential Tenancies Act 2004, Landlord’s should have Property Damage and Public Liability cover in place for every unit they provide for private rented accommodation. Apart from that, other insurances that are mandatory are those prescribed by a contract e.g. the terms of a mortgage or loan / the terms of a lease agreement. Either or both of these contracts may require you to insure property, glass, loss of rent,
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Query of the Week – Paused Periods

1st June 2021 Question I served my tenant with a termination notice in March 2020, just ahead of Covid-19 Restrictions. They have been with me 10 years. They are entitled to 224 days’ notice. I understand that the notice period was paused at certain times due to Covid-19 restrictions. As restrictions are now lifted in this regard, I need to recalculate the vacation date. What were the paused periods?   Response: You are correct. Covid-19 restrictions essentially paused your notice of termination.  The duration of any Emergency Period will not count as part of any termination notice period given. You now
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Categories: Landlord Query of the Week.

Renewing A Tenancy Agreement/Contract

27th May 2021 Question: I have a 1-year fixed term tenancy in place – coming towards the end of the fixed term shortly.  Do I have to renew the tenancy contract/agreement for another fixed term, or can the existing the tenancy agreement just roll over? Response: You may or may not choose to renew the contract/agreement. Essentially it really is up to you and to an extent the tenant. In short, if both parties would prefer a new fixed term, they can go ahead with this option. If everyone is happy with it continuing periodically, then that is fine also.
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Maintaining The Garden?

12/05/2021 Question: Neighbours have alerted me that the garden of my rental property is beginning to get a bit overgrown and may need tidying up. I want to get this sorted as soon as possible – who is responsible for this? Response: It is important to make sure you know where you stand when it comes to the garden to avoid potential disputes over its maintenance and upkeep. Therefore, the question of whose responsibility it is should be included in your tenancy agreement. Your agreement may require your tenant to carry out basic maintenance of the garden such as mowing
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Signing Of A Lease – Witness Required?

5/05/2021 Question: I am just about to rent out my first property. Do I need the lease agreement to be witnessed when signing by both parties? Is it still valid if there is no witness? Response: There is no legal requirement for the signing of the lease to be witnessed. However, IPOA suggest as best practice that signatures are witnessed if possible. As a landlord your lease (tenancy) agreement is probably one of the most important documents you will use. It is the legal agreement between you and each tenant occupying your property. It outlines the rights and obligations of
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