Residential Lease Agreement - Template, Sample Form Pro · IE-law

RESIDENTIAL TENANCY AGREEMENT

made on ________

BETWEEN

________

of

________

(company/tax registration number, where applicable: ________)

('the Landlord')

AND

________

of

________

('the Tenant')

(collectively, 'the Parties' and each a 'Party').

(1) BACKGROUND AND INTERPRETATION

1.1. This Agreement creates a tenancy of a dwelling within the meaning of the Residential Tenancies Act 2004 (as amended) ("the 2004 Act") and is governed by that Act and by the general law of landlord and tenant in Ireland.

1.2. "Landlord" means the person for the time being entitled to receive the rent paid in respect of a dwelling by the tenant thereof, including their successors in title and assigns.

1.3. "Tenant" means the person or persons for the time being entitled to the occupation of the dwelling under this tenancy, exclusive of the Landlord, in return for the payment of rent.

1.4. "RTB" means the Residential Tenancies Board established under the 2004 Act.

1.5. ________ (the Landlord) is the lawful owner of, or otherwise lawfully entitled to grant a tenancy in respect of, the residential dwelling described at clause 3.1.

1.6. In consideration of the rent reserved and the covenants on the part of the Tenant contained herein, the Landlord lets the dwelling to the Tenant, and the Tenant is entitled to peaceable and exclusive occupation of the dwelling during the currency of this tenancy.

1.7. Nothing in this Agreement operates to derogate from, vary or contract out of any right conferred on the Tenant by the 2004 Act, and any provision purporting to do so is void to that extent.

(2) TENANCY REGISTRATION

2.1. Pursuant to Part 7 of the 2004 Act, as amended by the Residential Tenancies (Amendment) Act 2019, the Landlord shall register, and thereafter annually re-register, this tenancy with the RTB within one month of the commencement of the tenancy (and annually thereafter), and shall pay the prescribed fee.

2.2. The obligation to register and re-register the tenancy rests with the Landlord.

2.3. The Tenant shall furnish the Landlord with such information as is reasonably necessary to effect registration, including the Tenant's PPS number.

2.4. The Tenant is entitled to a copy of any entry in the register maintained by the RTB concerning this tenancy.

(3) THE DWELLING

3.1. The Landlord agrees to let, and the Tenant agrees to take, the dwelling situate at:

________

together with the fixtures, fittings and contents (if any) listed in the Addendum hereto ("the Dwelling").

3.2. The Dwelling shall be used for residential purposes only as the Tenant's principal place of residence. The Tenant shall not carry on any trade, business or profession on the Dwelling without the prior written consent of the Landlord.

3.3. The Dwelling is let ________ (furnished/unfurnished). Any furnishings, equipment and appliances provided remain the property of the Landlord, and the Tenant shall take reasonable care thereof.

3.4. A complete inventory of the furnishings, equipment and appliances provided by the Landlord is set out in the Addendum to this Agreement.

3.5. The Dwelling includes the following car-parking arrangement: ________. Where parking is chargeable, it is payable at the following interval: ________ at the following rate: ________.

3.6. The Dwelling ________ (includes/does not include) a private garden adjacent to the Dwelling to be enjoyed exclusively by the Tenant.

(4) MAINTENANCE AND MINIMUM STANDARDS

4.1. The Parties acknowledge that the Landlord is obliged to maintain the Dwelling to the minimum standards prescribed by the Housing (Standards for Rented Houses) Regulations 2019 and to comply with section 12 of the 2004 Act.

4.2. The Landlord shall maintain the Dwelling so that it is:

(1) free from damp;

(2) in a proper state of structural repair, internally and externally;

(3) maintained as to roof, roofing tiles and slates in sound condition;

(4) maintained as to windows in sound condition;

(5) maintained as to floors, ceilings and walls in sound condition;

(6) maintained as to stairs, skirting boards and doors in sound condition;

(7) maintained as to gutters and down pipes in sound condition;

(8) maintained as to any garden or common areas in good condition;

(9) provided with a safe supply of electricity and gas;

(10) provided with adequate ventilation in every room;

(11) provided with heating in every room which the Tenant can control; and

(12) provided with natural and/or artificial lighting in every room.

4.3. The Landlord shall further provide the Tenant with access to the following facilities, to the extent required by the Regulations:

(1) a washing machine;

(2) a clothes dryer or a private garden, yard or terrace on which to dry clothes;

(3) a 4-ring hob with oven and grill;

(4) a cooker hood or extractor fan;

(5) a refrigerator;

(6) a freezer or fridge-freezer;

(7) a microwave oven;

(8) adequate kitchen presses for the storage of food;

(9) a sink supplying cold potable water;

(10) a supply of hot water;

(11) a ventilated bathroom with a toilet, washbasin and fixed bath or shower with hot and cold water;

(12) a permanent, properly maintained heater in the bathroom or shower room;

(13) a fixed heating appliance in each room which the Tenant can control;

(14) a fire alarm/smoke detection system;

(15) a fire blanket;

(16) a carbon monoxide alarm where required;

(17) access to refuse storage facilities free of vermin and pests; and

(18) safety restrictors on windows above a certain height.

4.4. The relevant local authority (in its capacity as housing authority) is responsible for enforcing these minimum standards.

4.5. The Tenant shall notify the Landlord promptly of any defect in the Dwelling, not arising from the Tenant's acts or omissions, for the remedying of which the Landlord is responsible, so as to enable the Landlord to comply with its obligations.

4.6. Where the Landlord is required to carry out repairs or maintenance, the Tenant shall afford the Landlord reasonable access to the Dwelling at a mutually agreed date and time, save in the case of emergency.

4.7. The Tenant shall take reasonable care of the Dwelling and its contents and take all reasonable steps to prevent deterioration beyond normal wear and tear, being the natural and unavoidable consequence of ordinary occupation, having regard to the duration of the tenancy, the condition of the Dwelling at commencement and all relevant circumstances.

4.8. The Tenant shall notify the Landlord of any damage to the Dwelling, howsoever arising.

4.9. The Tenant shall not, without the prior written consent of the Landlord, carry out any alteration or improvement to the Dwelling, including:

(1) painting the walls or furniture;

(2) inserting hooks or nails into the walls;

(3) applying adhesive materials to the walls;

(4) applying wallpaper;

(5) structural alterations, such as the removal of walls;

(6) installing additional electrical units;

(7) installing a television or radio antenna;

(8) installing an alarm;

(9) changing any locks within the Dwelling;

(10) replacing or updating existing plumbing systems;

(11) changing the existing flooring, including the addition or removal of carpeting or replacing tiles; and

(12) replacement of the boiler.

4.10. Following the receipt of reasonable written notice from the Landlord, the Tenant shall, at a maximum of once in any two-month period, permit the Landlord to inspect the condition of the Dwelling at an agreed date and time.

(5) TENANT'S COVENANTS AS TO USE AND CONDUCT

5.1. The Tenant shall respect any rights of way of neighbours, permit lawful access to neighbouring dwellings, and avoid obstruction of access, pipes, drains and electrical wiring serving neighbouring property.

5.2. Smoking is permitted only in the following locations: ________.

5.3. The Tenant shall test the fire/smoke alarm at least once per month.

5.4. The following animals may be kept on the Dwelling as pets, with the Landlord's consent: ________.

5.5. Any permitted pets are kept subject to the following conditions:

(1) the pet must be properly house-trained;

(2) the Tenant shall promptly deal with any animal soiling within the Dwelling and any common areas;

(3) the Tenant shall ensure that no pet displays aggressive or menacing behaviour towards neighbours or passers-by; and

(4) the Tenant shall ensure that no pet engages in persistent, loud or disruptive behaviour reasonably capable of causing annoyance to neighbours.

5.6. The Tenant shall not make noise audible outside the Dwelling (including loud music, television or parties) between the hours of ________ and ________.

5.7. Guests may reside at the Dwelling for a maximum of ________ (________) nights per month, subject to the following rules: ________.

5.8. Where a guest stays in excess of the period at clause 5.7, the Tenant shall notify the Landlord.

5.9. The number of occupants shall not exceed that appropriate to the size and number of bed-spaces in the Dwelling, having regard to applicable overcrowding standards.

5.10. The Tenant shall keep any garden reasonably well tended and in the condition it was in at the commencement of the tenancy.

5.11. The Tenant shall not engage in, and shall take reasonable steps to prevent any person residing in or visiting the Dwelling from engaging in, anti-social behaviour within the meaning of section 17 of the 2004 Act.

5.12. The Tenant shall not engage in any activity that is dangerous, offensive, noisome or capable of becoming a nuisance to occupiers of neighbouring property.

5.13. The Tenant shall keep access to the Dwelling free from obstruction.

5.14. The Tenant shall take reasonable measures to prevent obstruction of the Dwelling's drains or sewers.

5.15. The Tenant shall not display any advertisement on or at the front of the Dwelling.

5.16. The Tenant shall not do anything that could reasonably result in any utility being disconnected.

(6) ABSENCES

6.1. The Tenant shall notify the Landlord where the Tenant intends to vacate the Dwelling for a continuous period exceeding ________ (________) days.

6.2. The Tenant shall take all reasonable measures to secure the Dwelling during any such absence.

6.3. Where it reasonably appears that the Tenant has abandoned the Dwelling, the Landlord may enter to secure it and, where necessary, carry out maintenance on electrical or gas appliances that could imperil the safety of the Dwelling, without prejudice to the procedure for termination on abandonment under the 2004 Act.

(7) RENT

7.1. The Tenant shall pay to the Landlord a monthly rent of ________ (________) in consideration of the exclusive use and enjoyment of the Dwelling.

7.2. Rent shall be paid in advance on or before the ________ day of each month.

7.3. Rent shall be paid to the Landlord by the following method:

________

7.4. The following utilities and outgoings are included in the rent and are the responsibility of the Landlord: ________. All other utilities and outgoings (including, where applicable, electricity, gas, broadband, television licence, refuse charges and apportioned local property tax recovery if lawful) are the responsibility of the Tenant.

7.5. Pursuant to the Housing (Rent Books) Regulations 1993, the Landlord shall provide the Tenant with a rent book containing:

(1) the address of the Dwelling;

(2) the Landlord's name and address;

(3) the Tenant's name;

(4) the duration of the tenancy;

(5) the amount of the deposit;

(6) the amount of the rent;

(7) the method of payment of rent;

(8) particulars of any other payment or service; and

(9) an inventory of furnishings supplied by the Landlord.

7.6. The Tenant shall make the rent book available to the Landlord to be updated.

7.7. Any review of rent shall be carried out only in accordance with Part 3 of the 2004 Act (including, where applicable, the rent setting restrictions applicable in a Rent Pressure Zone), and the Tenant shall be given not less than 90 days' written notice in the prescribed form of any new rent.

7.8. In the event the Tenant falls into arrears of rent, the Parties shall follow the warning notice and termination procedure prescribed by the 2004 Act, as amended by the Residential Tenancies and Valuation Act 2020 and the Residential Tenancies (Amendment) Act 2024.

(8) SECURITY DEPOSIT

8.1. The Tenant shall pay to the Landlord a security deposit of ________ (________), being no more than one month's rent, on or before the commencement of the tenancy.

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8.3. Subject to clause 8.2 and the Tenant satisfying the following conditions, the deposit shall be returned promptly after the Landlord has had a reasonable opportunity to inspect the Dwelling:

(1) payment of all rent and outgoings as they fall due;

(2) the Dwelling being left in good condition, fair wear and tear excepted; and

(3) the giving of valid notice of termination.

(9) GUARANTOR

9.1. Where applicable, the Tenant's financial obligations under this Agreement shall be guaranteed by: ________ of ________.

9.2. ________ guarantees the due performance of the financial obligations of ________ under this Agreement, and shall execute this Agreement (or a separate deed of guarantee) as Guarantor.

(10) INSURANCE

10.1. The Landlord shall take out and maintain insurance protecting the structure of the Dwelling against loss, destruction and damage, and indemnifying the Landlord against public liability arising from the ownership, possession and use of the Dwelling in a sum of not less than ________.

10.2. The Landlord's insurance does not cover the Tenant's personal possessions, save as expressly set out here: ________. The Tenant is advised to take out their own contents insurance.

10.3. The Tenant shall not do or omit to do anything that would render void or voidable any insurance of the Dwelling, or that would increase the premium payable.

(11) DURATION OF TENANCY

11.1. This tenancy is for a fixed term of ________ (________) months, commencing on ________ and expiring on ________, subject to the Tenant's statutory rights under Part 4 of the 2004 Act to remain in occupation as a tenancy of unlimited duration.

11.2. Nothing in this clause shall operate to prejudice or diminish the Tenant's Part 4 / tenancy of unlimited duration rights under the 2004 Act.

(12) SUB-LETTING AND ASSIGNMENT

12.1. The Tenant shall not sub-let or assign the whole or any part of the Dwelling without the prior written consent of the Landlord. No sub-letting, assignment, concession or licence is valid without such prior written consent.

12.2. The decision whether to consent rests with the Landlord, who shall act reasonably and give fair consideration to any proposed sub-tenant or assignee, in accordance with the 2004 Act.

12.3. A Tenant wishing to sub-let shall:

(1) give written notice to the Landlord of the desire to sub-let;

(2) give not less than ________ (________) days' notice in advance of the proposed start date; and

(3) so far as possible identify the proposed sub-tenant, or the characteristics of a suitable sub-tenant.

12.4. A Tenant wishing to assign shall follow the same procedure as set out at clause 12.3.

(13) TERMINATION OF TENANCY

13.1. The Landlord may serve a notice of termination only in the circumstances and on the grounds permitted by the 2004 Act, including (where the relevant statutory conditions and any statutory declaration requirements are met):

(1) the Landlord intends to occupy the Dwelling, or to permit an immediate family member to occupy it;

(2) the Landlord intends to substantially change the use of the Dwelling;

(3) the Dwelling no longer suits the accommodation needs of the Tenant having regard to the number of bed-spaces and the size of the household;

(4) the Landlord intends to substantially refurbish or renovate the Dwelling in a manner requiring vacant possession;

(5) the Landlord intends to sell the Dwelling within nine months of the termination date; or

(6) the Tenant has breached its obligations under this Agreement or the 2004 Act, including but not limited to:

- failure to pay rent (following the requisite warning notice);

- serious damage to the Dwelling; or

- anti-social behaviour.

13.2. The period of notice given by the Landlord shall be not less than the minimum period prescribed by section 66 of the 2004 Act for the duration of the tenancy concerned, and in any event not less than that required by law.

13.3. To be valid, a Landlord's notice of termination must comply with section 62 of the 2004 Act and must:

(1) be in writing;

(2) be signed by the Landlord or their authorised agent;

(3) state the date of service;

(4) state the termination date by which the Tenant must vacate;

(5) where required, state the reason for termination and contain any statutory declaration or supplementary information prescribed by law;

(6) state that any issue as to the validity of the notice or the right of the Landlord to serve it may be referred to the RTB within the period prescribed by the 2004 Act; and

(7) be served in person or by post to one of the Tenant's contact addresses below.

13.4. The Tenant may serve a notice of termination in the following circumstances:

(1) to terminate the tenancy by giving the requisite notice;

(2) where the Landlord has breached its obligations, after the Tenant has notified the Landlord of the breach and afforded a reasonable opportunity to remedy it; and

(3) where there is a serious risk to the life, physical health or safety of the occupants arising from a danger in the Dwelling.

13.5. The period of notice given by the Tenant shall be not less than the minimum period prescribed by section 66 of the 2004 Act for the duration of the tenancy concerned.

13.6. To be valid, a Tenant's notice of termination must comply with section 62 of the 2004 Act and must:

(1) be in writing;

(2) be signed by the Tenant;

(3) state the date of service;

(4) state the termination date by which the Tenant will vacate;

(5) where termination is on the ground of a breach of the Landlord's obligations, state the reason for termination;

(6) state that any issue as to the validity of the notice may be referred to the RTB within the period prescribed by the 2004 Act; and

(7) be served in person or by post to one of the Landlord's contact addresses below.

13.7. Where either Party wishes to terminate before the expiry of the fixed term and no statutory ground for termination applies, that Party may request an early surrender from the other, who is under no obligation to agree.

13.8. The Party seeking early surrender shall give written notice, and the receiving Party shall accept or decline within ________ (________) days. The Parties acknowledge that the receiving Party is under no obligation to agree.

13.9. A notice of termination from the Landlord to the Tenant shall be sent to:

________

13.10. The Tenant may also be contacted at:

email address: ________

phone number: ________

13.11. A notice of termination from the Tenant to the Landlord shall be sent to:

________

The Landlord may also be contacted at:

email address: ________

phone number: ________

13.12. Where the contact details of either Party change during the tenancy, that Party shall promptly notify the other.

(14) DISPUTE RESOLUTION

14.1. In the event of a dispute, the Parties shall first have regard to this Agreement to clarify their respective rights and obligations.

14.2. The Parties shall in the first instance endeavour to resolve any dispute informally, by:

(1) the aggrieved Party notifying the other in writing of the issue;

(2) the aggrieved Party identifying the steps sought to resolve the matter; and

(3) the Parties agreeing a date to discuss and seek to resolve the matter.

14.3. The Parties should retain records of all relevant correspondence.

14.4. Where the dispute concerns the condition of the Dwelling, the Parties should retain evidence including photographs and receipts.

14.5. Where a dispute is not resolved between the Parties, either Party may refer the matter to the dispute resolution service of the RTB under Part 6 of the 2004 Act.

14.6. The Parties may agree to confidential mediation, or the matter may proceed to adjudication, by the RTB. The mediator or adjudicator will propose or determine a resolution.

14.7. A Party dissatisfied with an adjudicator's determination may appeal to the Tenancy Tribunal within the period prescribed by the 2004 Act.

14.8. The Tenancy Tribunal will hold a hearing and issue a binding determination, and the RTB will make a determination order giving effect to it, enforceable through the District Court.

14.9. An appeal on a point of law from a determination order lies to the High Court, but there is no appeal on the merits.

(15) VARIATION

15.1. This Agreement may be varied only by the written agreement of both Parties.

15.2. A Party desiring a variation shall notify the other in writing of the proposed variation.

15.3. Where agreed, a written record of the variation, its effective date and the consequent rights and obligations of the Parties shall be prepared.

15.4. The written record shall be signed by both Parties and annexed to this Agreement.

15.5. The RTB registration shall be updated to reflect any variation concerning:

(1) the rent amount;

(2) a change in the Tenants occupying the Dwelling; and

(3) a change in the Landlords.

15.6. It is the responsibility of the Landlord to update the RTB registration.

(16) DATA PROTECTION

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(17) SEVERABILITY

17.1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be construed so as to give effect, so far as possible, to the Parties' intentions.

(18) GOVERNING LAW AND JURISDICTION

18.1. This Agreement is governed by, and shall be construed in accordance with, the laws of Ireland, and the Parties submit to the jurisdiction of the RTB and the Irish courts, as appropriate, in respect of any matter arising hereunder.

(19) DECLARATION AND EXECUTION

19.1. The Parties acknowledge that this Agreement is intended to be legally binding and enforceable, effective as of the date of signing ________.

IN WITNESS WHEREOF the Parties have executed this Agreement on the date first above written.

__________________

________

(the Landlord)

signed by: ________

capacity/job title (if signing for a legal entity): ________

date: ________

as witnessed by

_________________

________ of

________

phone number: ________

__________________

________

(the Tenant)

date: ________

as witnessed by

_________________

________ of

________

phone number: ________

__________________

________

(the Guarantor, where applicable)

date: ________

ADDENDUM to Residential Tenancy Agreement (inventory of furniture, equipment and appliances)

Please set out below the list of furniture, equipment and appliances provided by the Landlord:

________