Question on terms of lease

fruitcake1

Hi,

I'm about to sign a lease agreement, but when i read through the terms, the following 3 clauses doesn't reads good to me.
- The tenant to pay all rates and water charges (if any) relating to the property including any which are imposed after the date of this agreement. I understand that I have to pay any household usage we use like water charges if it comes in, bin collections, electricity, gas, phone, TV, Broadband. But I don’t agree to pay any property related rates and especially not to take the responsibility to pay any future charges that the government is going to impose.
- The tenant to pay the stamp duty charged on the original and counterpart of this agreement. – Stamp Duty??? Why we pay the stamp duty to the house?
- To repair any broken glass in the windows of the property. I could understand if the window is broken by us but if it is broke for any other reason like if some bad people just break the window for the sick of breaking it, I don’t agree to repair it myself.
Anyone any suggestions?

Many Thanks

variety

You don't have to sign a contract you're not happy with.
Simply ask them to change the wording slightly.

For example:
1. a) Remove the words "rates and" from the first clause: The tenant to pay all water charges (if any) relating to the property including any which are imposed after the date of this agreement.;
OR
or b) Add to the middle of the sentence, "subject to prior written confirmation other than this Agreement": The tenant to pay all rates and water charges (if any) relating to the property including, subject to prior written confirmation other than this Agreement, any which are imposed after the date of this agreement.

2. Stamp duty is only paid by the Tenant on rental payments that exceed €19,050 per annum.
So, you'll only pay this if your rent is more than €1,588 per month.

3. Add to the end of the sentence: "for which the Tenant is liable and/or responsibility": To repair any broken glass in the windows of the property for which the Tenant is liable and/or responsible.
That way you only pay if you or your guests break the windows. The LL should have insurance that covers accidental damage from, for example, neighbours kids playing with balls that break the window.

fruitcake1

variety ~ thanks very much for your quick reply. So we don't have to worry about revenue come after us for the stamp duty since our monthly rent is 600. Re: rates/charges any which are imposed after the date of this agreement, I still think that we are exposed to future charges in this way, can we not agree only to pay water charges is it imposed later? Can't think of any other charges that is usage related government is goint to impose. I mean if there is a such imagination of charges, so long as it is usage related, we are fine to pay it, but don't want to leave the clause open. Thanks agina

antoinolachtnai

There won't be a usage-based (metered) water charge for years. There will be a flat charge, most likely.

You are looking for certainty where there is no certainty available.

optimistic_

Standard clauses guys. They wont be changed. Council rates are the tenants responsibility in the same way a tv licence is. Goo news is here are no residential rates at the moment, though there probably will be next year or the year after. It will be called the household tax. This will be your responsibility regardless of what your lease says

conorhal

I have to sign a new lease soon, I was wondering if anybody might have a link to a good comprehensive lease that I could download and amend so that I can produce an alternative to the landlord if the new lease isn't to my liking?

odds_on

optimistic_ wrote: »

Standard clauses guys. They wont be changed. Council rates are the tenants responsibility in the same way a tv licence is. Goo news is here are no residential rates at the moment, though there probably will be next year or the year after. It will be called the household tax. This will be your responsibility regardless of what your lease says

Agree 100% with optimistic - all standard clauses in a decently written lease, taking into account what might happen in the future as regards rates etc.

I could understand if the window is broken by us but if it is broke for any other reason like if some bad people just break the window for the sick of breaking it, I don’t agree to repair it myself.

Why should the landlord be responsible if someone chucks a stone through a window - it's not his fault. If you owned the house and the same happened, as owner, you would have to pay for it yourself.

However, you are absolutely right in reading the lease before signing it, and getting an understanding as to what are your obligations and those of the landlord.

variety

odds_on wrote: »

Why should the landlord be responsible if someone chucks a stone through a window - it's not his fault. If you owned the house and the same happened, as owner, you would have to pay for it yourself.

True, but irrelevant. This is one of the perks of being a Tenant.
As you are not the owner, you do not have to be responsible for the breaking of windows from someone who is not your guest (there's probably a clause in the lease, since it seems to be a good one, that outlines that the Tenant is responsible for any damage done by him and/or his guests and/or his employees (eg cleaner)).

As before, the LL's insurance will cover this eventuality. That's one reason why you take accidental damage in a home and contents insurance policy (which a Tenant can't do since you can't insure anything, ie the building and its windows, that does not belong to you).

As the other posters have said, the clauses are all standard, but if you're not happy with them, request that they're changed.
You're not asking for the moon and stars, just for someone to retype a few clauses and print off the specific sheets required.