Data Loading...
lease agreement 22 eden court 14 july to 14 jan 2021-converted Flipbook PDF
lease agreement 22 eden court 14 july to 14 jan 2021-converted
145 Views
137 Downloads
FLIP PDF 578.1KB
Manor Capital Investments Limited John Joe Sheehy Road Tralee Co Kerry 0872860458 [email protected]
EDEN COURT FIXED TERM LEASE AGREEMENT
Note for Tenants 1.
This is a Fixed Term Tenancy Agreement
2.
The Residential Tenancies Act 2004 to 2019 applies to this Agreement.
3.
The rent payable may change subject to the Residential Tenancies Acts 2004 to 2019
4.
If you are unsure as to your obligations under this Agreement, then you are advised to take legal advice before signing.
1.PARTIES & PRINCIPAL TERMS Term of Leasing Agreement
6 months
Date of Commencement of Leasing
14th of July 2020
Agreement Date of Expiry of Leasing
14th of January 2021
Agreement: Landlords Name: Landlords Address:
`Manor Capital Investments Limited Eden Court, John Joe Sheehy Rd, Tralee Co Kerry
Landlord Contact Number
0872860458
Rental Property Address:
Apartment 22 Eden Court, John Joe Sheehy Road, Tralee, Co Kerry
Tenants(s) Names
Dr Dina Joseph Malid
Azza Elmubarak Bashier Sulaiman Tenants(s) Phone Number:
+353 (85) 800 3726 00353851837567
Tenant (s) Email Address(s) [email protected]
[email protected] Tenant(s) Vehicle Registration No & Make and model of Car Tenants(s) current Address: Home Addresses
Thaw Cottage Clash Road South Tralee Co. Kerry V92 A4E7 7 Mayfield Drogheda Co.Louth Ireland A92WVR3
PPSN
2244717MA 2146703EA
DOB
11/04/1996 15/03/1991
Employment Details: Rent Amount €1140 per Month: (to be paid monthly in advance or on or before the 14th of every month
Doctors at UHK €1100 per month Rent plus €40 wifi connection (total of €1140 to be transferred monthly
Security Deposit: €1400 Payment Method:
Standing Order or Electronic Funds Transfer Only
Landlord’s Bank Details for Rent
Bank Name: Bank Of Ireland
payment :
Account Name: Manor Capital Investments Ltd Address: Upper Castle Street, Tralee, Co. Kerry BIC-BOFIIE2D IBAN-IE15BOFI90583828681581
Narrative to appear on rent transfer POINT OF CONTACT
APT 22 EDEN COURT Jennifer 0872860458 or [email protected]
2. DEFINITIONS In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings: 2.1 "The Landlord" includes the persons for the time being entitled to the reversion at the end of the tenancy. 2.2 "The Tenant" includes the successors in title. Whenever there is more than one Tenant, each and every covenant and obligation can be enforced against all the tenants jointly and against each individually.
3. TENANT COVENANTS 3.1 The Tenant pays the deposit as security for their performance of the tenant's obligations and to pay and compensate the Landlord for any breach of those obligations. It is agreed that this sum shall not be transferable by the Tenant in any way, and at any time, against payment of the rent and that no interest shall be payable on this deposit. The balance of the deposit to be paid to the Tenant only after vacation of the property, such amount to be assessed at the outgoing inspection upon termination of this Agreement. 3.2 To pay the Rent on the days and in the manner specified in Section 1 of this Agreement (Parties and Principal Terms). The first payment being made on the Tenancy Commencement Date. 3.3 The Tenant pays, at the option of the Landlord or Landlord's Agent, an administrative charge of €30 for each written demand sent should the Tenant be in persistent arrears of rent. 3.4 To pay promptly to the authorities or to whomever they are due, local authority, refuse charges and outgoings (including gas, water, electricity, cable television and telephone if any, relating to the property) including any which are imposed after the date of this Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee relating to the supply of gas, water, electricity, cable television and telephone if the same is disconnected or the operating company changed. 3.5 Not to damage or injure the property or the Landlord's contents or make any alteration or addition to it. Any redecoration is to be made only with the prior written consent of the Landlord or his Agent. 3.6 Not to leave the property vacant for more than 30 consecutive days and to properly secure all locks and bolts to the doors, windows and other openings if leaving the property unattended. 3.7 To keep the interior of the property and the contents in good and clean condition, damage by accidental fire and reasonable wear and tear excepted, and to keep the property at all times well and sufficiently aired and warmed during the tenancy. 3.8 To immediately pay the Landlord or his Agent, the value of replacement of any furniture or effects lost, damaged or destroyed, or at the option of the Landlord, replace immediately any furniture or effects lost, damaged or destroyed and not to remove or permit to be removed, any furniture or effects from the property. 3.9 Immediately before handing up possession of the premises on the termination of this Agreement to thoroughly clean all cookers, fridge, sanitary apparatus and other appliances and all carpets, floor coverings and furnishings and to deliver up same in a sound and clean condition, fair wear and tear excepted; provided always that breach of this condition shall entitle the Landlord to deduct the cost of cleaning the premises from the Security Deposit. 3.10 To leave the contents at the end of the tenancy in the same places in which they were positioned at the commencement of the tenancy. 3.11 That the Landlord, or person authorised by the Landlord or the Landlord's Agent, may at reasonable times, on giving reasonable notice (unless in the case of emergency) enter the property for the purpose of viewing, inspecting its condition and state of repair, or for the purpose of repair, maintenance or repainting. 3.12 Not to assign or sublet, part with possession of the property, or let or allow any other person live at the property without the Landlord's written consent and to pay to the Landlord any reasonable costs or expenses incurred in deciding this request whether consent is granted or refused.
3.13 To use the property as a single, private dwelling and not to use it, or any part of it, for any other purpose, nor to allow anyone else to do so. 3.14 Not to receive paying guests, or carry on, or permit to be carried on, any business, trade or profession on or from the property. 3.15 Not to do, or permit, or suffer to be done in or on the property, any act or thing which may be a nuisance, damage or annoyance to the Landlord, or to the occupiers of the neighboring premises, or which may void any insurance of the property or cause the premiums to increase. 3.16 Not to keep any animals or birds, or any living creature on the property without the Landlord's written consent. Such consent if granted, to be revocable at will by the Landlord or the Landlord's Agent. 3.17 To keep the balconies, patios and terraces (if any) including all driveways, pathways, neat, tidy and properly tended at all times and not remove any trees or plants. 3.18 To replace broken glass in doors and windows damaged during the tenancy within a period of 24 hours. If this time frame is not adhered to, it is necessary for the landlord to replace broken glass in doors and windows and the tenant will reimburse the landlord within a period of seven days. 3.19 Not to alter, change or install any locks on any doors or windows in or about the property, or have any additional keys made for any locks without the prior written consent of the Landlord or the Landlord's Agent. 3.20 Not to use the property for any illegal or immoral purpose. 3.21 To pay and compensate the Landlord fully for any costs, expense, loss or damage incurred or suffered by the Landlord as a consequence of any breach of this Agreement on the part of the Tenant and to indemnify the Landlord from and against all actions, claims and liabilities in that respect. 3.22 To pay and compensate the Landlord fully for any cost and/or expense incurred in the preparation and service of notice and of any proceedings under the Landlord and Tenant Law Amendment Act Ireland 1860 and the Conveyancing Act 1881. 3.23 To notify the Landlord/ Member of the Eden Court Rental Department promptly in writing/by email or by phone , of any disrepair, damage or defect in the property, or of any event which causes damage to the property, or which may give rise to a claim under the insurance of the property, or of any breakdown of appliances. Failure to do so may result in the Tenant being liable for the costs of any subsequent damage. 3.24 Not to glue, stick or otherwise fix anything whatsoever to the exterior or interior walls, doors, windows, floors or other surfaces of the property without the Landlord's written consent. 3.25 To take all reasonable precautions to prevent damage by frost. 3.26 Where the Landlord's interest is derived from another lease ("The Head Lease" in the case of apartment blocks or town-house developments) then it is agreed that the Tenant will observe the rules and other restrictions in the Head Lease applicable to the property, as well as any other rules and regulations as may appear in the Special Conditions in the First Schedule to this Agreement – See Eden Court Rules 3.27 In order to comply with the Gas Safety Regulations, it is necessary: (a) That the ventilation provided for this purpose in the property should not be blocked. (b) That brown or sooty build up on any gas appliance should be reported immediately to the Landlord. 3.28 To keep the hall, passages and staircase (if any) leading to the property, and drains, free from obstruction and the chimneys swept as often as necessary. 3.29 Not to introduce into the property any portable heaters fired by liquid or bottled gas this is prohibited. 3.30 That the Tenant shall be responsible for testing all smoke detectors (if any) fitted in the property on a regular basis and replace the batteries as necessary.
3.31 Within the last 1 month of the tenancy to permit the Landlord, or any person authorised by the Landlord at reasonable hours of the day or night, to enter and view the property with prospective Tenants or purchasers.
3.32 To pay the Stamp Duty charged on the original and counterpart of this Agreement, if any. 3.33 Not to hang any washing out of the windows or balcony areas of the property and to have all windows cleaned at least 4 times a year. 3.34 To give to the Landlord promptly, a copy of any notice received concerning the property. 3.35 During the last month of the tenancy, to allow the Landlord to affix a Notice to the outside of the property announcing that it is for sale or to let. 3.36 The Tenant shall put in place and maintain full and adequate insurance cover in respect of all the Tenant's property on or in the premises, and all persons in the premises with the Tenant's consent, and shall indemnify the Landlord from all claims whatsoever in respect of loss, damage or injury to such property or persons. 3.37 Not to smoke in the property.
4. LANDLORD COVENANTS 4.1 Provided that the Tenant shall pay the Rent and perform the covenants on his part already referred to, the Landlord shall permit the Tenant to have quiet enjoyment of the property during the Term agreed without interruption by the Landlord or the Landlord's Agent. 4.2 The Landlord will return to the Tenant any Rent payable for any period during which the property may have been rendered uninhabitable by fire or any other risk which the Landlord has insured against. 4.3 All necessary consents have been obtained to let the property. 4.4 The Landlord agrees to maintain the structure of the building and maintain the interior and fittings to the standard that existed at the commencement of this Agreement and to carry out any repairing obligations as required by the Local Authority in charge. 4.5 The Landlord shall keep insured in the Landlord's name: (a) the property against loss or damage by fire, lightning, explosion, storm, flood, burst pipes, subsidence, riots or civil commotion, malicious damage and accidental damage, impact and such other risks (if any) as the Landlord, at the Landlord's sole discretion, may from time to time consider prudent or desirable including employer's and public liability or any other liabilities that are resulting from the Landlord's ownership of the property. (b)the Landlord's contents but excluding the Tenant's contents. 4.6 To make good or have made good any damage caused to the property by any workmen authorised by the Landlord to be on the premises under the terms of this Agreement. 4.7 When the tenancy ends, to repay the security deposit to the Tenant without interest, after all sums due (if any) to the Landlord under the terms of this Agreement, or following breach of any of its terms, have been deducted. 4.8 The Landlord shall register this Tenancy Agreement with the Residential Tenancies Board (RTB) as required under the Residential Tenancies Act 2004 to 2019. 4.9 To enforce the covenant on anti-social behaviour by the Tenant contained in the 2nd Schedule. (A third party directly affected by the failure to do so may bring a complaint against the Landlord to the Residential Tenancies Board under the Residential Tenancies Act 2004 to 2019.
5. BOTH PARTIES AGREE 5.1 Termination or continuation of this Tenancy Agreement by the Landlord or Tenant may only be made under the provisions of the Residential Tenancies Act 2004 to 2019. Details are contained in the Second Schedule of this Tenancy Agreement. 5.2 Any notice served by the Landlord on the Tenant shall be sufficiently served if sent by registered or recorded post to the Tenant at the property, or to the last known address of the Tenant, or hand delivered and left addressed to the Tenant at the property. 5.3 The property is let together with the special conditions (if any) listed on the First Schedule attached to this Agreement – See Eden Court Apartment Block Rules and Special Conditions 5.4 That the information required under the Housing (Rent Books) Regulations 1993 made under the Housing (Miscellaneous Provisions) Act 1992 is set out in the Third Schedule and that this Agreement constitutes the Rent Book for the purposes of these regulations. 5.5 The Landlord agrees to let and the Tenant agrees to take the property and contents for the Term and at the rent payable in Clause 1. 5.6 Any notice required to be given to the Landlord under this Agreement shall be duly served if delivered by hand or sent by registered or recorded post, addressed to the Landlord at the Point Of Contact in Clause 1, unless the Tenant is notified of a different address. If the Landlord resides outside the State, then notices to the Landlord shall be served if sent by ordinary post addressed to that Agent at his address as notified by the Landlord to the Tenant. 5.7 The Landlord can terminate an initial Tenancy Agreement, without specifying the grounds, at any time during the first 6 months by giving 28 days written notice to the Tenant.
6. FIRST SCHEDULE EDEN COURT – APARTMENT BLOCK RULES 1.
1. Rent payments, whether whole or partial, which are five (5) days late cause administrative expenses to the Landlord.
A LATE PAYMENT FEE OF €30.00 WILL THEREFORE BE CHARGED ON ALL RENT UNPAID AS OF THE 6TH DAY AFTER THE SAID RENT HAS FALLEN DUE. CHEQUES RETURNED BY YOUR BANK AS "NOT PAID" FOR ANY REASON WILL BE SUBJECT TO A €30.00 CHARGE. THE RENT SHALL BE DECLARED OWING FROM THE DATE FIRST DUE AND ALL LATE CHARGES SHALL BE ENFORCED. NO EXCEPTIONS WILL BE MADE TO THIS RULE
2. Tenants shall perform no redecoration, maintenance repairs or replace equipment without the written approval of the Landlord. CALL MANOR CAPITAL INVESTMENTS LTD FOR ALL REPAIRS OR SERVICE 0872860458 3. Profane, obscene or loud language is absolutely prohibited on the Premises. Tenant obligates himself and those under him, not to do or permit to be done anything that will annoy, harass, embarrass, discommode or inconvenience any of the other tenants or occupants in adjoining premises. 4. The use of musical instruments, radios, televisions, stereos and tape recordings shall not be operated so as to harass, annoy or inconvenience any other tenant. Quiet hours between 11:00 o'clock PM until 6:00 o'clock AM will be enforced. 5. Tenants shall have no dogs, cats, or other animals on the premises. 6. Under no circumstances are any forms of PRE-PAY POWER electricity meters to be installed at the property. 7. No person shall congregate, lounge, play, sit or obstruct any entrances, stairs or porches and Courtyard. 8. No Tenant or Tenant's guests shall consume alcoholic beverages from the front porches or yard/ Courtyard areas. 9. Smoking is strictly prohibited in the apartment, and is prohibited within apartment building as a whole 10. Three Monthly routine inspections are a requirement. 11. Tenants shall be responsible for damage done to seeded areas grass, shrubs and trees around the building, such as digging, uprooting, trampling, etc. 12. Tenants shall not throw or sweep any items or debris from any window or door. 13. No barbecues or open fires are permitted on any wooden porch or balcony. 14. The rented premises shall be used and occupied only as a private residence and no business of any kind shall be conducted from them. 15. ONLY OCCUPANTS LISTED ON THE APPLICATION FOR TENANCY AND LEASE SHALL OCCUPY THE APARTMENT. ANY DEVIATION FROM THIS SHALL AUTOMATICALLY TERMINATE THIS LEASE/RENTAL AGREEMENT. 16. Tenant shall not store any combustible, flammable or explosive substance on or about the premises. 17. Tenant shall not make any changes in electrical wiring nor overload the electrical systems nor run any exposed wires for electrical appliances or fixtures in violation of the building code or any ordinance where said premise is located. 18. No additional or replacement locks of any type will be installed on any door without the written permission of Landlord. 19. Tenants shall keep basement area free of debris, trash and clutter. All items shall be kept clear of hot water heaters, furnaces, electrical panels and plumbing systems. 20. No garbage or other refuse shall be stored on the premises for extended periods of time. All garbage and refuse shall be disposed of in a timely manner in places provided. 21. No signs, notices or advertisements shall be attached or displayed by tenants on or about the premises 22. No table cloth, dust cloth, towels, curtains, rugs/carpets or articles of clothing shall be hung or shaken from any window, door or porch. 23. No washing/clothes line on ANY balcony area. 24. All goods, articles, merchandise, provisions, furniture, trunks, boxes, barbecue pits, bicycles, bay carts, and wheeling chairs shall not be permitted to remain in the general halls, landing, entrance, court yards or porches. 25. The following items shall not be considered as natural wear and tear to the premises, but shall be considered as damage to the premises and subsequently the cost of repair will be deducted from any security deposit.
o
A. Holes in walls and woodwork.
o
B. Careless care of paint in the apartment.
o
C. Spray painting or marking on interior/exterior walls.
o
D. Damage to carpeting, mattresses, utility pipes, wiring, plumbing, light fixtures, or any other fixture or appurtenances, walls floors or ceilings, wood floors/doors.
o
E. Damage done to seeded area and shrubs around apartment such as digging, uprooting, trampling, etc...
o
F. Water damage caused by overflow of kitchen/bathroom sinks, bathtub, wash machine or by failure to close windows or doors during inclement weather, thereby exposing interior of apartment to elements.
o
G. Broken windows/glass: windows, storm windows, storm doors, etc...
o
H. Failure of tenant to leave apartment and appliances clean upon termination of this lease/rental agreement.
o
I. Failure of tenant to regularly clean and maintain carpeting.
o
J. Marks to the walls from hanging any personal items be it pictures or any other items – Hanging any items on the walls in the apartment is strictly prohibited
2. INVOLVEMENT IN ANY ILLEGAL DRUG ACTIVITY WILL BE AUTOMATIC GROUNDS FOR TERMINATION OF THIS LEASE/RENTAL AGREEMENT. THIS RULE WILL BE STRICTLY ENFORCED, WITH NO EXCEPTIONS. 3. Tenant shall keep the window glass clean at all times and shall not cover any window in any manner which, in the opinion of Landlord, detracts from the appearance of the apartment building. Tenants shall observe all rules and regulations, which may be hereafter set forth by the landlord in reference to the use of the premises leased/rented here, in addition to these rules and regulations set forth herein. Landlord reserves the right, at their sole option, to amend or revoke any of these rules or regulations, in and all such amendments, revocations, or new rules and regulations shall become a part of this lease/rental agreement as of their effective date. Violation of these rules or regulations, or any part of them, by the tenant will be just cause for the landlord to invoke the remedies enumerated in the lease/rental agreement in regards to these rules and regulations or to declare a forfeiture of the lease/rental agreement as in any case of forfeiture. Any notice as to amending or revoking any of these rules or regulations in whole or in part, or to adopt new ones, shall be effective upon notice of same being sent to the tenant by the landlord in the form as set forth in this lease/rental agreement for serving of notices by landlord on tenant, or some may in addition thereto, become effective, upon the date same are posted at or near the place set up for the mail boxes in the apartment building in which the demised premises are a part. If for any reason you get locked out of your apartment or house and a property manager has to open the house, there will be a €50.00 charge during regular business hours and €100.00 for after hours and weekends. If you request a complete lock change, the fee is €150.00 per lock and €50.00 an hour for labour. After hours, charges will double. 4. Replacement Fob is at a charge of €50.00
ADDITIONAL SPECIAL CONDITIONS: •
TV License: As per the apartment advert: a flat screen TV is provided on the basis that the TENANT is responsible for the TV License fee, the cost of a television licence is €160, however this is subject to changes introduced by the T.V. Licensing Authority. Amendments (for example, a change of address) to existing television licences are free of charge. You can change the address details online or at a TV Licence Records office. How to apply You can pay for your television licence at any post office by cash, cheque, debit card (some post offices also accept credit cards). You can also pay for your television licence by using television licence savings stamps. You can also pay for your licence by credit card using the lo-call telephone number (1890 228 528, 24 hours per day, 7 days per week). You can also pay your television licence online at www.tvlicence.ie.
•
Portable Gas Heaters: Due to the legal requirements and landlord responsibilities with regard to their building insurance, the presence of these appliances are prohibited in the apartment and are not covered by their policy. Portable gas heaters are prohibited and not allowed in the apartment.
•
Three Monthly routine inspections are a requirement for each apartment.
•
A Fully operational Gym is located underneath the Eden Court Apartments John Joe Sheehy Road, Tralee Co Kerry – Operational hours are 6am to 10pm Monday to Sunday – please be aware that there may be noise from this Gym during these hours.
•
There is automatic €200.00 charge will be imposed, if the tenant does not disclose that there is a PET living within boundaries of the dwelling, this includes all interior & exterior of the property – Animals of any kind are prohibited within the building.
•
When vacating the rental property, you must insure to cancel your standing order/Electronic Funds Transfer with your bank. Manor Capital Investments Ltd does not have the authorization to cancel this payment; the onus is solely on the tenant to cancel their payment. If your rental payment is paid to Manor Capital Investments in error there will be an automatic charge of €30.00 (Thirty Euro) deducted on the refund of such payment as an administration charge.
Vacating the Property: •
IT IS ESSENTIAL THAT YOU CONTACT THE OFFICE AND GIVE THE REQUIRED NOTICE see below under the Residential Tenancies Act 2004 if he/she wishes to vacate the property; this applies even if the fixed term lease has expired and a 30 day rolling lease is in place.
• SHOULD YOU NOT DO SO YOU WILL FORFEIT YOUR FULL DEPOSIT
•
Tenant Notice Period
Less than 6 months
28 days
6 or more months but less than 1 year
35 days
1 year or more but less than 2 years
42 days
2 years or more but less than 4 years
56 days
4 years or more but less than 8 years
84 days
8 or more years
112 days
A minimum charge of €150.00 shall be deducted from your deposit for cleaning of the propertyunless the property is returned as of the same condition or yielded up on date of move in as per date on the leasing agreement. •
•
Duration of Tenancy
In the event that you the tenant are going on vacation/ or leaving the property for a period of time (especially during the winter period) it is your responsibility to ensure notify us Manor Capital Investments Limited to prevent damage to the property, i.e. pipes bursting, etc. In the event that we are not notified the liability will revert to the tenant (s). If a member of Manor Capital Investments Limited has to be called out after hours to a property which a tenant is occupying for any reason, e.g. lock out for the property, late night activity, etc, a €100.00 charge will apply which the tenant is fully liable for.
7. SECOND SCHEDULE RESIDENTIAL TENANCIES ACT 2004 to 2019 1. These details do not purport to be a legal interpretation of the legislation. 2. The Landlord may terminate this Tenancy Agreement due to anti-social behavior by the Tenant (or the Tenant allowing such behaviour) within the dwelling. •
Anti-social behaviour within the dwelling includes behaviour that constitutes the commission of an offence, causes fear, danger, injury, damage or loss, or includes violence, intimidation, coercion, harassment, obstruction or threats. It also includes persistent behaviour that prevents or interferes with the peaceful occupation of other dwellings within the building or in its vicinity.
•
The Notice Period for such a Termination by the Landlord is 28 days or 7 days in the case of a more serious breach.
3. The Landlord may terminate this Tenancy Agreement for nonpayment of rent. A 14 day Service of Notice will issue demanding full and immediate payment. Failure by the Tenant to comply will result in a 28 day Notice of Termination by the Landlord. 4. The Landlord may terminate this Tenancy Agreement for any un-remedied breach of Covenant by the Tenant. The Notice Period for such a Termination by the Landlord is 28 days. 5.
On the expiration of this fixed term Tenancy Agreement , the tenancy may continue after the term as follows: o For a further fixed term by signing a new lease agreement, o By mutual agreement, or in absence of any formal agreement to continue after the term, the tenancy will continue as a periodic month to month (30 day rolling lease) under the original terms and conditions of this Agreement.
The Landlord can terminate this an initial Tenancy Agreement, without specifying the grounds, at any time during the first 6 months by giving 28 days written notice to the Tenant. 6. a) Once this Tenancy has lasted 6 months the Landlord can terminate this Tenancy if any of the following conditions apply: • The property is no longer suited to the occupants accommodation needs, eg overcrowding. • The Landlord intends to sell the property within the next 3 months. • The Landlord requires the property for his own or family member occupation. • The Landlord intends to substantially refurbish the property. • The Landlord intends to change the business use of the property. • On the basis that the 6 Year Cycle has expired.
8. THIRD SCHEDULE STATEMENT OF INFORMATION REQUIRED UNDER THE HOUSING (RENT BOOKS) REGULATIONS, 2010 1. This statement of information is in accordance with the Housing (Rent Books) Regulations 2010. It does not purport to be a legal interpretation. 2. The tenant of a house is, unless otherwise expressly provided for in a Lease, entitled to quiet and peaceable enjoyment of the house without the interruption of the Landlord or any other person during the term of the tenancy for so long as the tenant pays the rent and observes the terms of the tenancy. 3. The Landlord is obliged to provide a tenant with a rent book for use throughout the term of the tenancy, (this Lease Agreement constitutes as the rent book). The Landlord must enter particulars relating to the
tenancy in the rent book,( this Lease Agreement constitutes as the rent book) and, in the case of a new tenancy, complete the inventory of furnishings and appliances supplied with the house for the tenant's exclusive use. 4. The Landlord is obliged to keep the particulars in the rent book up to date. Where the rent or any other amount due to the Landlord under the tenancy is handed in person by the tenant or by any person acting for the tenant, to the Landlord, the Landlord must, on receipt, record the payments in the rent book or acknowledge it by way of receipt. Payments not handed over directly, for example, those made by standing order or direct debit, must, not more than three months after receipt, either be recorded by the Landlord in the rent book or acknowledged by way of statement by the Landlord to the tenant. (This Lease Agreement constitutes as the rent Book) 5. The tenant is obliged to make the rent book available to the Landlord to enable the Landlord to keep the particulars in it up to date. 6. From the 1st February 2009, the Housing (Standards for Rented Houses) Regulations 2008 come into operation. These regulations apply immediately and in full to properties let for the first time after this date. Properties that have been let between 1st September 2004 and 31st January 2009 are deemed to be "existing tenancies" for the purposes of these Regulations. Such tenancies are partly exempt from the Regulations until the 1st February 2013 during which time the Housing (Standards for Rented Houses) 1993 continue to apply. Neither the 1993 nor the 2008 Regulations apply to houses let on a temporary or holiday basis, local Authority demountable dwellings and communal type accommodation provided by the Health Service Executive and certain approved non-profit or voluntary bodies. The standards relate to structural condition, heating facilities, food preparation and storage, laundry, ventilation, lighting, fire safety, refuse facilities, electricity and gas. 7. The duties of a Landlord referred to in paragraphs 5 to 6 above may be carried out on the Landlord's behalf by a duly appointed Agent. Any reference in a statement to "house" includes a flat, apartment or maisonette. 8. Copies of the Housing (Rent Books) Regulations 1993 and the Housing (Standards for Rented Houses) Regulations 1993, 2008 may be purchased from the Government Publications Sale Office (http://www.opw.ie/en/governmentpublications), or from the local Housing Authority. 9. Responsibility for the enforcement of the law relating to rent books and standards rests with the housing authority for the area in which the house is located. The name, address and telephone numbers of the relevant housing authority are as follows: Local Authority Name:
Kerry County Council
County Buildings Rathass Tralee, Co Kerry 066 7183500
9. Landlord and Tenant Signatures Landlord(s) Signature
Signed in the presence of: Tenant(s) Signature:
Signed in the presence of:
Date of this Agreement:
12. MAIN POINTS TO NOTE (For the information of the Tenant) IMPORTANT: The following Special Provisions, more particularly described in the Tenants Covenants in Clause 3 of the Agreement, are repeated here for the avoidance of any doubt: From 1st September 2004, the Residential Tenancies Act imposes obligations and rights on both the Landlord and Tenant. These obligations and rights form part of this Tenancy Agreement and cannot be contracted out of. See www.rtb.ie for further information. 1. The Tenant may be evicted for anti-social behaviour, or allowing such behaviour within the dwelling. 2. The Tenant is responsible for the payment of the agreed rent for the entire agreed term. The Tenant shall not be entitled to use the security deposit as the final rent. 3. Any damage to fixtures and fittings or breakdown of appliances must be reported immediately to the Landlord or his Agent. 4. The Tenant shall pay water rates, cable TV charges and Local Authority charges levied on the property. 5. The Tenant shall not carry out in the property any profession or business whatsoever whether for gain or otherwise. Should the Tenant contravene this regulation, this Agreement shall terminate immediately, but without prejudice to any antecedent rights of the Landlord. 6. The Tenant agrees to insure under separate cover all Tenants property and Tenants liability to the public. 7. The Tenant agrees to abide by the rules and regulations of and any notices issued by the Management Company or Managing Agents in charge of the Property or any common area serving the Property. 8. The Tenant agrees, subject to reasonable notice and by prior appointment, to permit the Landlord or his Agent to enter upon the Property at regular intervals throughout this Agreement for the purpose of inspecting the premises. 9. Within one month prior to the termination of this Tenancy, the Tenant agrees to permit the Landlord or his Agent to enter upon the Property for the purpose of showing it to prospective tenants, at any reasonable time and by prior appointment. 10. The Tenant hereby agrees upon signing this Agreement that the property is being handed over in good and clean condition throughout and that the property is handed back in the same condition, fair wear and tear accepted. 11. Immediately prior to the termination of this tenancy, the Tenant agrees to thoroughly clean the cooker, fridge, sanitary apparatus and other appliances, and all carpets, curtains, floor coverings, furnishings and windows of the Property, and acknowledges that in the event that the Property is not handed back in perfectly clean and tidy condition, the Landlord shall be entitled to deduct the cost of cleaning the Property from the security deposit. 12. Punctual payment without prior demand and in the manner specified shall constitute the essence of this Agreement. The Tenant hereby agrees to pay, on demand, an administrative charge of €30 to the Landlord, for each and every written demand issued, should the Tenant be in persistent arrears of rent. 13. The Tenant agrees to pay the Stamp Duty (if any) on this Agreement and counterpart. 14. If the Tenant is unsure of his/her obligations under this Agreement, then he/she is advised to take legal advice before signing.
FOURTH SCHEDULE INVENTORY OF CONTENTS Property Address:
EDEN COURT JOHN JOE SHEEHY RD TRALEE CO JERRY
Meter Readings
At Move In
At Move Out
ESB
General Condition Flooring Blinds Paintwork Light Fittings Heating Working? Smoke Alarms Working? Alarm Working? Bathrooms / Toilets Kitchen Kitchen Units Kitchen Appliances Windows
Condition on Move In
Condition on Move Out
Entrance Hall (one sheet per room) _______________________________________ Condition on Move In
Condition on Move Out
Flooring General Decoration Walls Doors / Windows Curtains / Blinds Lighting
List the contents of each room Item
Tenants Initials_____
Description
Condition on Move In
Landlord Initials_______
Condition on Move Out
Living Room Name: (one sheet per room) _______________________________________ Condition on Move In
Condition on Move Out
Flooring General Decoration Walls Doors / Windows Blinds Lighting
List the contents of each room Item
Tenants Initials_____
Description
Condition on Move In
Landlord Initials_______
Condition on Move Out
Kitchen Name: (one sheet per room) _______________________________________ Condition on Move In
Condition on Move Out
Flooring General Decoration Walls Doors / Windows Curtains / Blinds Lighting
List the contents of each room Item
Tenants Initials_____
Description
Condition on Move In
Landlord Initials_______
Condition on Move Out
Room Name: (one sheet per room) _______________________________________ Condition on Move In
Condition on Move Out
Flooring General Decoration Walls Doors / Windows Curtains / Blinds Lighting
List the contents of each room Item
Tenants Initials_____
Description
Condition on Move In
Landlord Initials_______
Condition on Move Out
Room Name: (one sheet per room) _______________________________________ Condition on Move In
Condition on Move Out
Flooring General Decoration Walls Doors / Windows Curtains / Blinds Lighting
List the contents of each room Item
Tenants Initials_____
Description
Condition on Move In
Landlord Initials_______
Condition on Move Out
Room Name: (one sheet per room) _______________________________________ Condition on Move In
Condition on Move Out
Flooring General Decoration Walls Doors / Windows Curtains / Blinds Lighting
List the contents of each room Item
Tenants Initials_____
Description
Condition on Move In
Landlord Initials_______
Condition on Move Out