Lease seems a bit dodgy.

ohohseven

So guys I hope someone is awake because I could use some advice.
So my landlord dropped around a lease today after a year of us living here, never signed one moving in. It seems a bit off to me here are a few things it says
1 if rent is 3-5 days late 5 euro will be taken from your deposit each day.
2 if you have a party or are involved in anti social behaviour you will be served with a termination order and your deposit will be retained.
3 we will come to the house whenever we want to inspect it giving 24 hours notice to do so.
4 no dogs( we have had a dog over a year with no issues )
It says a lot more but it's downstairs right now and the little one is asleep.
Maybe some of the stuff is correct but most of it is just about ways he can retain our deposit.
Should I sign or seek legal advice first ?.

debabyjesus

Is your tenancy registered with the prtb?

If you've already completed a years lease just send the landlord a part 4 tenancy notice and sign nothing else.

ohohseven

No you see we never signed a lease when we moved in a year ago. He only now decided he wants a lease in place. But the lease is one sided and not mutually beneficial what so ever.

debabyjesus

The lease doesn't have to be on paper. The tenancy should be registered regardless. You should report to the prtb about the unregistered tenancy. The lease he is now hawking to you cannot contradict your tenant rights so don't worry. He can only withhold part or all of the deposit for a few select reasons and being late with rent aint one of them.

Send him a notice of part 4 tenancy if you want to stay and don't sign the lease. Read up on your rights and the landlords obligations on the citizens information or threshold websites. Talk to someone at threshold if you need further help.

It sounds like a dodgy situation and in my opinion you'd be better off reporting the landlord and moving to another place.

davo10

To be fair, all those conditions are pretty standard though I'm not sure about the €5. You should not be paying your rent late, he is allowed inspect his property provided he gives notice, if you are holding parties and disturbing neighbours he can serve notice of eviction and unless he specifically agreed it at the beginning of the tenancy, he can preclude pets from being in property. You have part 4 tenancy so no need for contract but he can put up the rent if the market rate has increased, after you have been there a year. It's a strange situation.

The lease is not required to be "mutually beneficial", for example you cannot dictate that a dog is allowed in a property or that you can have parties, pay the rent late etc. it does have to be legal though.

Arbiter of Good Taste

What do you mean by "mutually beneficial"? You do realise the benefit you are getting is use of the property?

Other than the €5 per day, the other clauses seem appropriate. And saying that, why would your rent be more than 5 days late anyway?

Michael D Not Higgins

ohohseven wrote: »

So guys I hope someone is awake because I could use some advice.
So my landlord dropped around a lease today after a year of us living here, never signed one moving in. It seems a bit off to me here are a few things it says
1 if rent is 3-5 days late 5 euro will be taken from your deposit each day.
2 if you have a party or are involved in anti social behaviour you will be served with a termination order and your deposit will be retained.
3 we will come to the house whenever we want to inspect it giving 24 hours notice to do so.
4 no dogs( we have had a dog over a year with no issues )
It says a lot more but it's downstairs right now and the little one is asleep.
Maybe some of the stuff is correct but most of it is just about ways he can retain our deposit.
Should I sign or seek legal advice first ?.

1. There's nothing in the law allowing them to do this. A notice of arrears followed by a termination notice is the correct process.
2. Anti social behaviour, fair enough, that's allowed in the law with a 7 day notice of termination. A party? they can go jump.
3. Any inspections MUST be agreed in advance between landlord and tenant. 24hours is the minimum notice, but you don't have to agree to a time that doesn't suit. For example, if they said they're dropping by at 11am on a Thursday, you'd be well within your rights to say that doesn't suit and for them to come between 8-9pm.
4. Bit like changing the goalposts.

You are on a part 4 tenancy. Tell your landlord this and that you don't want to sign a lease with terms that were never agreed to in the first place. The terms of your agreement when you moved in are what are applicable in your part 4 tenancy.

Eldarion

ohohseven wrote: »

1 if rent is 3-5 days late 5 euro will be taken from your deposit each day.

Illegal.

ohohseven wrote: »

2 if you have a party or are involved in anti social behaviour you will be served with a termination order

Legal.

ohohseven wrote: »

and your deposit will be retained.

Illegal

ohohseven wrote: »

3 we will come to the house whenever we want to inspect it giving 24 hours notice to do so.

Semi legal. He is allowed to inspect after providing notice but it can't infringe on your peaceful enjoyment of the property. There's a middle ground to be met here.

ohohseven wrote: »

4 no dogs( we have had a dog over a year with no issues )

Legal.

ohohseven wrote: »

Maybe some of the stuff is correct but most of it is just about ways he can retain our deposit.

He sounds a bit cowboy with the deposit retention. I would not sign that lease.

drumswan

How is threatening to evict if someone has a party legal? Does this apply to dinner parties?

Also the landlord can only arrive to inspect the property at a prearranged time which suits the tenant, not at 24 hours notice dictated by the landlord.

ohohseven

davo10 wrote: »

To be fair, all those conditions are pretty standard though I'm not sure about the €5. You should not be paying your rent late, he is allowed inspect his property provided he gives notice, if you are holding parties and disturbing neighbours he can serve notice of eviction and unless he specifically agreed it at the beginning of the tenancy, he can preclude pets from being in property. You have part 4 tenancy so no need for contract but he can put up the rent if the market rate has increased, after you have been there a year. It's a strange situation.

The lease is not required to be "mutually beneficial", for example you cannot dictate that a dog is allowed in a property or that you can have parties, pay the rent late etc. it does have to be legal though.

He said at the start of the tenancy that dogs are allowed our dog has been with us since we moved in

foggy_lad

ohohseven wrote: »

No you see we never signed a lease when we moved in a year ago. He only now decided he wants a lease in place. But the lease is one sided and not mutually beneficial what so ever.

You are in a part 4 tenancy then and the landlord can't evict you until the end of the fourth year.

ohohseven

Arbiter of Good Taste wrote: »

What do you mean by "mutually beneficial"? You do realise the benefit you are getting is use of the property?

Other than the €5 per day, the other clauses seem appropriate. And saying that, why would your rent be more than 5 days late anyway?

With the exclusion of one time it wouldn't be. And he seems to think that he's allowed to take the deposit for everything. And he's benefiting more than I am trust me.

ohohseven

Oh and after 3-5 days it goes upto a tenner, then pretty much when all the deposit is gone you get evicted.

groom

That lease is ridiculous. No way I would be signing that. Read up on part 4 tenancies and just ignore him until he brings it up again. He might just let it go. I had a LL who insisted in person that a renewal of a lease was required after 1 year but then never brought it up again.

groom

Arbiter of Good Taste wrote: »

What do you mean by "mutually beneficial"?

Contracts need to be evenly balanced between parties. The obligations being placed are not evenly balanced and place an unfair burden on the tenant. It's just silly as it is useless.

ohohseven

groom wrote: »

Contracts need to be evenly balanced between parties. The obligations being placed are not evenly balanced and place an unfair burden on the tenant. It's just silly as it is useless.

Yeah what this guy said. So I should just retain the part four rights ?. I'm not really acquainted with the resedential tenancys act but seems obsessive. Oh and he lost a month's rent last month after me going through yell to get it, he then sent me a termination noyice. It says sign this and agree to pay the rent again or get out in ten days. So I don't know what to do.

groom

ohohseven wrote: »

Oh and he lost a month's rent last month after me going through yell to get it, he then sent me a termination noyice. It says sign this and agree to pay the rent again or get out in ten days. So I don't know what to do.

Sorry can you explain this part again.

The_Morrigan

OP, legal advice cannot be sought or given on Boards.ie. Asking advice on the details stipulated in a legal document is seeking advice.

Contact a solicitor if you want advice on a legal document.