All About Letting Agreements
A letting agreement, often referred to as a tenancy agreement, is a formal system of law involving a contract between an owner of property ("the landlord") and a tenant allowing the tenant to use and occupy the property for a certain time in return for payment of rent. In Ireland, under the Residential Tenancies Act 2004 (as amended), the Residential Tenancies (Amendment) Act 2015 and the Residential Tenancies (Level of Rent Rent Review) Regulations 2011, as amended, a letting agreement must be evidenced in writing. All Landlords must legally provide a written statement of the terms of a residential tenancy to the tenant within a period of 6 months beginning on the date on which the tenancy is entered into, detailing information such as the name, address and contact details of all parties, duration of the tenancy, rent payable, the deposit amount and how the deposit will be dealt with.
Ireland operates a regulated rent system, which means that new or existing landlords who intend to enter into a new lease for a tenancy of longer than six months (except where the new tenancy is a renewal of an existing tenancy of the same dwelling) must inform the Residential Tenancies Board (RTB) in writing, of their intention to enter into the tenancy . The landlord must wait twenty one days from sending the notice to new tenants before commencing the rent such that, if the landlord enters into a residential tenancy on foot of a new tenancy within the twenty one day notice period, they will not be able to commence the level of rent set out in the notice until twenty one days have passed from the date of the notice or the date that the tenancy commences, whichever is the later. The purpose of this waiting period is to give the RTB time to notify the Tenancy Protection Services, which can then alert tenants of the new tenancy details including a copy of the notice. Within the stated period, the landlord must carry out rent reviews in accordance with the guidelines in place, which will also now be regulated by the RTB.
Where the landlord fails to comply with these requirements, they may be liable to pay a fine of up to €15,000 and be prohibited from issuing proceedings against the tenant in circumstances where a valid notice of termination has not been served. Further, a landlord is required to register a new tenancy with the RTB, under Section 134 of the Residential Tenancies Act. A landlord may be penalised for failing to register a tenancy. Landlords can now register tenancies online by completing a 3 step process involving: inputting tenancy information, paying online and receiving confirmation.
Components of Letting Agreements
A letting agreement is an essential legal document when renting, leasing or letting a house or apartment and is the formal rental contract between landlord and tenant. A letting agreement template stipulates the rights and obligations of landlords and tenants which is crucial in avoiding rental conflicts. Irish letting agreements are governed by common contract law, which means that parties are free to agree on most terms, unless this contravenes statutory rights set out under Irish residential tenancies law. The Law Reform Commission recommends that a model tenancy agreement be used when renting property in Ireland. Many letting agreement templates are currently used as part of the Residential Tenancies Act 2004: Under the Housing (Standards for Rented Houses) Regulations 2019 landlords are obliged to follow minimum standards for rented accommodation. When renting a property in Ireland, landlords are required to provide their tenants with basic amenities as set out under Irish law. A letting agreement may include any reasonable provision as desired by the landlord, but any provision contrary to law, or is unconscionable or unfair, is void. A letting agreement must incorporate all the essential standard terms such as rent, deposit, lease duration, maintenance and tenant obligations including in relation to energy efficiency and anti-social behaviour. According to the Residential Tenancies Act 2004, a letting agreement template needs to contain the following terms as standard:
Using a Letting Agreement Template
Letting agreement templates are not intended to be used in a ‘one size fits all’ manner. The more closely a letting agreement template is tailored to the property in question and the requirements of the landlord, the better it will work for both landlord and tenant alike. The key to ensuring that the letting agreement template does the job you both want and expect it to is to customize the template whilst bearing in mind:
• Overall rented property criteria
• Landlord guidelines
• Tenant information
• Holding deposits
• Deposits
• Rent payments
• Repairs & maintenance
• Rent increases
• Cleaning, gardening and refuse
• Breach of letting agreement & termination
• Notices/tenant communication
This is by no means an exhaustive list, so your particular letting agreement template may include further clauses unique to your property and your requirements as a landlord. It is vital however that even if you create further letting agreement template clauses, you ensure that those clauses do not contradict legal requirements as detailed above. For instance, a clause detailing the introduction of ‘excessive’ rent increases into the tenancy agreement – according to the Residential Tenancies Act 2004 – would render your letting agreement template virtually useless because any provision in a tenancy agreement which contravenes the Act is null and void. Keeping you and your tenants compliant with Irish law is one of the key tasks of a letting agreement template, but this does not mean that your letting agreement template cannot also protect your interests as a landlord. Indeed, protecting your interests as a landlord should be the second task of a letting agreement template. A well drafted letting agreement template can help prevent nasty surprises for tenants or landlords at the end of a tenancy and – if clause specs are adhered to on both sides – prevent unnecessary rental disagreements.
Legal Obligations and Compliance
A comprehensive guide into the letting agreement templates that can be found in Ireland
In Ireland, landlords are required by law to respect the rights of tenants, complying with provisions in multiple Acts. These are the Residential Tenancies Act 2004, the Housing Acts (1966-1998) and the Residential Tenancies Amendment Act 2015. It is also mandatory for landlords to ensure certain structural and safety standards are adhered to within the property and that tenants are made aware of their duties. Breaches of these regulations can leave landlords vulnerable – if infringement is proven, a court can serve orders requiring compliance or rectification work to be completed by the landlord. All landlords are required to make a RTB rent supplement online application to the Residential Tenancy Board (RTB) which notifies the RTB of the change in tenants or the introduction of temporary tenants to a rental property. The RTB is an independent statutory body that resolves disputes in relation to residential tenancies. With regards to temporary tenants, it is not necessary for the landlord to register the change in tenant in the tenancy if it is for a period of less than 30 days. It must be noted however that longer periods will require notification to the RTB. If landlords are guilty of non-registered tenancies, they can face a fine of €4,000 and six months in prison if caught letting a property without registering for the RTB. If a tenant either vacates the property before the tenancy expires, or is evicted before the time is complete, the landlord needs to ensure they return the tenant’s deposit within 21 days of the expiry date. If this is not possible, the landlord must provide the tenant with an explanation which outlines the reasoning behind the failure to return the deposit. Failure to comply with this requirement could result in further complications for the landlord, including a dispute with the tenant that would be best dealt with by applying to the RTB. The Residential Tenancies Act 2004 outlines the standard requirements of a valid letting agreement. However, landlords must ensure they are familiar with any additional requirements in their individual counties. If a landlord wishes to terminate a tenancy for a reason outlined in the Residential Tenancies Act 2004, they must be sure to provide the tenant with notice within strict timeframes, as outlined in Schedule 3 of the act. However, a landlord does not need to provide a notice where the rent has not been paid. More information on the timeframes can be obtained via the RTB website, or through seeking legal help from a qualified solicitor. Disputes can be resolved by seeking help from the RTB, where a landlord can terminate a tenancy, or legal enforcement action can take place against a tenant.
Obtaining Trustworthy Letting Agreement Templates
Accessing Reliable Letting Agreement Templates
There are several places where landlords and tenants can access reliable letting agreement templates in Ireland. The most straightforward option is to seek samples from established legal service providers. Many companies now offer downloadable letting agreement templates to allow landlords to create agreements without incurring the costly expenses associated with using legal services. From tenant’s perspective, having access to downloadable letting agreement templates makes reviewing the terms of their tenancy a simpler process.
Online legal service providers, such as QualitySolicitors.ie, ADS Legal Practice, Apex Law, and the Irish Property Owners’ Association, have all made their letting agreement templates downloadable to the public. They can easily be sourced by visiting their respective websites, where they should be found either in the downloads section, or under residential tenancy consultations and lettings .
There are also times in which tenant’s rights organisations provide downloadable letting agreement templates through petitions or membership subscriptions to interested parties. As complaints about illegal rental practices increase, it is common for tenant’s rights organisations to provide templates of letting agreements that favour the tenant’s best interests, protecting them from unscrupulous landlords while discouraging landlords from adopting troublesome general tenancy practices. Thus, subscribing to tenant’s rights organisations can be a good alternative to seeking downloadable letting agreement templates you can find online.
Some property management companies also offer downloadable letting agreement templates on their respective websites to clients of their services. They will also frequently allow parties that have hired their services to change the terms of the letting agreement to their own specifications.
Common Pitfalls in Drafting
One common mistake made by landlords is not understanding the rental type being offered. Small rental properties can attract a range of rental agreements including a ‘Standard Tenancies/Short Term Rent Agreement’, Student Specific Tenancies and Rent for sharing accommodation. Each type attracts different criteria and guidelines that must be adhered to. Another notable common error is making harsh terms. The landlord should be careful not to include ambiguous terms that prevent the tenant from using their privacy and have freedom to enjoy the space. It is fundamental that tenants are aware of the conditions, requirements and restrictions of the property in advance of signing.
A further common error is when landlords fail to notify their Insurance Companies that they are letting the property. It is essential that any insurer is aware that an address is involved in letting out to a prospective tenant. Different policies will cover different losses and there are additional risks with letting which may not be covered by a standard Insurance policy.
A contract that is too general also proves to be incorrect. An agreement must be drawn up with as much relevant information as possible so the tenant knows what they are paying, for how long and what the responsibilities are both legally and legally. It should also be noted that if any relevant information is omitted, this can be harmful for the landlord in an eviction scenario.
There are also numerous errors made with ‘Deposits’ in Ireland. Any person in Ireland who receives money as a deposit is under a legal obligation to keep it safe and return it back to the tenant in accordance with the terms of the agreement. If the funds are not held in accordance with the terms of the agreement, this is known as ‘misappropriation’. These funds must be returned if the landlord can prove reasonable deduction.
Further Resources and Guidance
For landlords and tenants looking for more information or guidance on letting agreement templates in Ireland, a variety of supplementary resources are available.
The Residential Tenancies Board (RTB) is the first point of contact for many questions related to renting protections and standards in Ireland. Their website offers a range of resources, including detailed guides on tenancy rights and responsibilities, guides for landlords on how to draft a tenancy agreement, and downloadable sample letting agreement templates. The RTB helpline and email service also provide free advice on a wide range of renting issues.
For issues related to rent, RTB determination orders, and landlord or tenant registration with the RTB, residents can contact the RTB directly. For local housing authority , social housing, and Housing Assistance Payment (HAP) queries, the respective local authority is responsible for providing guidance.
Citizens Information provides a vast amount of information on tenants’ rights and responsibilities, including helpful sections on tenancy agreements, rent, repairs and maintenance, and deposits on rented property. This is where renters can find details about their rights related to rent increases and disputes with landlords as well.
Legal aid, pro bono services and organisations such as FLAC or the Free Legal Advice Centres help individuals who cannot afford legal fees to access advice or representation. Many of these services are free, although some criteria may apply to eligibility.