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Does a solicitor or witness have to sign a lease agreement?

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  • 07-09-2008 6:21pm
    #1
    Truss
    Closed Accounts Posts: 89 ✭✭


    Does a solicitor or witness have to sign a lease agreement or can it just be signed between landlord and tenant for it to be legal?


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    #2
    sam34
    Closed Accounts Posts: 8,073 ✭✭✭sam34


    you dont need a solicitor for this, or a witness either


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    #3
    Emerald Lass
    Closed Accounts Posts: 439 ✭✭Emerald Lass


    sam34 wrote: »
    you dont need a solicitor for this, or a witness either
    but it is recommended that you get a witness - even just bring a friend. That way you and the LL are both protected should there ever be a dispute.

    I rent my house out and I always get a witness to sign, even if the tenant doesn't ask for one. If they arrive alone I either make a quick trip to the local garda station and get it witnessed or ask a neighbour.

    Plus the leases approved by the PRTB all have a section for a witness to sign and they recommend you get a witness, as do Threshold.

    Better safe than sorry!


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    #4
    Patrickof
    Registered Users Posts: 669 ✭✭✭Patrickof


    Correct me if I'm wrong, but the purpose of a witness to a lease or contract is solely to verify that the person signing the lease/contract is who they say they are and that they were "witnessed" signing the contract.

    The witness is not a witness to any other detail within the contract (which is why the witness is never asked to read the contract they are witnessing).


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    #5
    Emerald Lass
    Closed Accounts Posts: 439 ✭✭Emerald Lass


    Patrickof wrote: »
    Correct me if I'm wrong, but the purpose of a witness to a lease or contract is solely to verify that the person signing the lease/contract is who they say they are and that they were "witnessed" signing the contract.

    The witness is not a witness to any other detail within the contract (which is why the witness is never asked to read the contract they are witnessing).

    Yes Patrick, as far as I am aware this is correct.

    A more experienced LL than me recommended that I get the lease witnessed - this was due to experience on his part. Apparently it is nto uncommon for a tenant to say they never signed a lease if there is a dispute. Personally I don't know how often this happens but my firend has let probably hundreds of properties and it happened to him a few times and he knows of other people it happened to. So who am I to argue with his advice? its not like it takes much extra bother and if it protects me and the tenant then its no harm.


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    #6
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    Emerald Lass wrote: »
    Plus the leases approved by the PRTB all have a section for a witness to sign and they recommend you get a witness, as do Threshold.
    Sorry to bump. Where are these approved leases? Perhaps I'm blind, but I can't find them on the PRTB website.

    adam


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