Drawing Up a Lease as a Landlord

Bass Cadet

Apologies if information is posted elsewhere but a search didn't answer my questions...

I'm recently back to Ireland after six years away. I had a management company who took 'care' of the property while I was away.

Anyway...straight to the point...

The present tenants want to stay on. I want them to stay on. The management company lease is ending soon and I will be sole 'go-to' person for any problems etc (It's my only property)

The tenants and I have come to a verbal agreement for the next six months rental of said property. As a landlord, can I write up my own lease without a solicitor as long as all parties are happy with the lease and terms therein? (I'm aware of all tax obligations)

Is there a template I can use? I have my own lease agreement in Dublin...should I just use that as a foundation for writing up the lease? I have a solicitor obviously who would write this document up for me but I imagine at a substantial cost.

Any help appreciated...

MarkAnthony

I used a template online - be aware of your Part IV tenancy obligations.

I resist linking it here incase I stray over the line in relation to legal advice, they are easily found though.

Bass Cadet

MarkAnthony wrote: »

I used a template online - be aware of your Part IV tenancy obligations.

I resist linking it here incase I stray over the line in relation to legal advice, they are easily found though.

okay, thanks

newacc2015

There is no point drawing up a lease really. They have part 4 protection. If you want nearly all half decent stationary shops sell leases(along with wills). They have a basic legal document. They are cheap to buy and you literally fill in the blanks. Initial any changes made to the standard contract(get them to initial them too) eg tenant accepts responsibility for Irish water bills

TheDoc

My landlord provided me a lease during my first year, and none there after. We have moved into part 4, so a lease is pretty pointless.

It's only relevant really if there are some agreement changes that were not in place previously, otherwise not sure it's relevant in this case.

MarkAnthony

TheDoc wrote: »

My landlord provided me a lease during my first year, and none there after. We have moved into part 4, so a lease is pretty pointless.

It's only relevant really if there are some agreement changes that were not in place previously, otherwise not sure it's relevant in this case.

I'd disagree there to a certain extent. The one I have refers to apartment internal documents (which I supplied such as house rules). To be fair though I didnt do a fixed term my tenants went straight on to Part IV.

4ensic15

TheDoc wrote: »

My landlord provided me a lease during my first year, and none there after. We have moved into part 4, so a lease is pretty pointless.

It's only relevant really if there are some agreement changes that were not in place previously, otherwise not sure it's relevant in this case.

If you have a fixed term you cannot be given notice during it ujnless for breach of obligations. If you are relying on part IV the landlords can terminate on one of the allowed grounds.

TheDoc

4ensic15 wrote: »

If you have a fixed term you cannot be given notice during it ujnless for breach of obligations. If you are relying on part IV the landlords can terminate on one of the allowed grounds.

So you are saying it might even be better for the OP, a landlord, not to enter a new lease as it provides a bit more flexability should circumstances change in the coming year and he/she needs to force a switch of tenant?

TheDoc

MarkAnthony wrote: »

I'd disagree there to a certain extent. The one I have refers to apartment internal documents (which I supplied such as house rules). To be fair though I didnt do a fixed term my tenants went straight on to Part IV.

Like I said "not sure if relevant".

Unless there was maybe something "new" regarding the agreement we previously had, I wouldn't be chasing my landlord for a new lease, and I'm sure thats why he hasn't got in touch in terms of setting a new one up.

If there was a rent change, or something like that, I probably would look to secure a new one. Or if I wanted to negotiate something like a fixed term stay (for a number of years) to negotiate a rent decrease or cap, then sure.

If nothing is changing in terms of the relationship, I wouldn't be looking for one, and wouldnt worried that I dont have one either. Maybe just me

4ensic15

TheDoc wrote: »

So you are saying it might even be better for the OP, a landlord, not to enter a new lease as it provides a bit more flexability should circumstances change in the coming year and he/she needs to force a switch of tenant?

May well be better not to enter a lease. Most shop bought leases are rubbish.
The best leases are written by people who know what they are doing.

MarkAnthony

4ensic15 wrote: »

May well be better not to enter a lease. Most shop bought leases are rubbish.
The best leases are written by people who know what they are doing.

What, in your opinion, is wrong with a shop bought lease when it's a standard document?

4ensic15

MarkAnthony wrote: »

What, in your opinion, is wrong with a shop bought lease when it's a standard document?

Many of them are old leases with standard clauses which are long out of date. There are often references to the quantity of coal on the premises. Most of them fail to properly take into account the new legislation. Many do not have proper rent review clauses and none of them are properly structured for a simultaneous Part IV tenancy.

athtrasna

There are plenty of downloadable up to date leases around. No need to buy one.

tuisginideach

Once tenant is into Part IV is there any point in having a lease at all?

MarkAnthony

4ensic15 wrote: »

Many of them are old leases with standard clauses which are long out of date. There are often references to the quantity of coal on the premises. Most of them fail to properly take into account the new legislation. Many do not have proper rent review clauses and none of them are properly structured for a simultaneous Part IV tenancy.

There are plenty that are current and up to date, although as below no real need to buy one. Point taken in regard to making usre it's up to date but I don't think one would need to go as far as involve a solicitor. If in doubt use an agent.

tuisginideach wrote: »

Once tenant is into Part IV is there any point in having a lease at all?

As above, for the purposes of additional requirements such as house rules. It's also a good idea to record things like the rental each month! :pac:

newacc2015

4ensic15 wrote: »

May well be better not to enter a lease. Most shop bought leases are rubbish.
The best leases are written by people who know what they are doing.

Have you ever seen one? They were drawn up by relevant solicitors. They would be better drawn up than one from your local solicitor. Whats not relevant in a lease you just cross out and initial.

4ensic15

newacc2015 wrote: »

Have you ever seen one? They were drawn up by relevant solicitors. They would be better drawn up than one from your local solicitor. Whats not relevant in a lease you just cross out and initial.

I have seen many of them. What solicitors drew them up? None of them has the name of a solicitor anywhere near it. It is not wa\ht you cross out, it is what you put in is what is important.

JustLen

OP more importantly, you need to register the tenancy with the PRTB

4ensic15

JustLen wrote: »

OP more importantly, you need to register the tenancy with the PRTB

That depends on the lease.

JustLen

4ensic15 wrote: »

That depends on the lease.

Would you advise not to do so?

JustLen

JustLen wrote: »

OP more importantly, you need to register the tenancy with the PRTB

It should already be registerd.

4ensic15

JustLen wrote: »

Would you advise not to do so?

I uses leases that don't require registration. I don't like the PRTB.

4ensic15

4ensic15 wrote: »

I uses leases that don't require registration. I don't like the PRTB.

You are legally required to register regardless of what lease you use.

4ensic15

Judah Large Dwarf wrote: »

You are legally required to register regardless of what lease you use.

No you are not. It all depends on the lease. There are numerous categories which do not have to register.

4ensic15

Judah Large Dwarf wrote: »

It should already be registerd.

A tenancy can't be registered until it has been created, which happens with the signing of the lease.

4ensic15

4ensic15 wrote: »

A tenancy can't be registered until it has been created, which happens with the signing of the lease.

The tenancy already exists the op has stated that he is taking back the day to day looking after of the property but the tenancy is already in place.

JustLen

Correct it should already be registered in which case the landlord wouldnt have to do so at this stage.
In my own experience the PRTB more often than not, work against landlords!
It can though, look like you have something to hide if your not registered?

JustLen

Judah Large Dwarf wrote: »

The tenancy already exists the op has stated that he is taking back the day to day looking after of the property but the tenancy is already in place.

Exactly. It's the same tenancy, the only change is the management of said tenancy.

4ensic15

JustLen wrote: »

Exactly. It's the same tenancy, the only change is the management of said tenancy.

It depends on how long the tenants have been there. If it is 4 years the original registration will have expired.