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Tenancy agreement

  • 22-10-2015 5:29pm
    #1
    Registered Users, Registered Users 2 Posts: 57 ✭✭


    Can someone please tell me what actually constitutes a tenancy agreement/lease? My tenants needed a letter stating that I was renting to them, the address of the property and the amount of the rent. Is this a tenancy agreement even tho they haven't actually signed it?


Comments

  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Are they renting a room?

    If so don't put in any conditions just confirm what they're asking for and sign it. I presume this is for social welfare of some description? They'll know people renting a room aren't (all) lawyers, they just need confirmation.

    If it was me I'd write, "This letter does not constitute any agreement beyond a bear licence in accordance with the Rent a Room Scheme" or words to that effect.

    If it's an apartment/house then they already have rights under the RTA 2004 and you'd be wise to get compliant with your documentation and tax affairs (if not already).


  • Registered Users, Registered Users 2 Posts: 57 ✭✭Thisname


    Are they renting a room?

    If so don't put in any conditions just confirm what they're asking for and sign it. I presume this is for social welfare of some description? They'll know people renting a room aren't (all) lawyers, they just need confirmation.

    If it was me I'd write, "This letter does not constitute any agreement beyond a bear licence in accordance with the Rent a Room Scheme" or words to that effect.

    If it's an apartment/house then they already have rights under the RTA 2004 and you'd be wise to get compliant with your documentation and tax affairs (if not already).


    I've already given it to them so I didn't include anything to say it wasn't an agreement or anything, just that I was renting a house at (the address) to (tenants name) for x amount each month. No length of time was mentioned, we never discussed this so it's just month by month really.

    Should I have an official tenancy agreement with them or does it matter?
    Also, I've registered with the prtb, is there anything else I'm supposed to do? Thanks for any info/advice!
    They're renting a house btw


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Thisname wrote: »
    I've already given it to them so I didn't include anything to say it wasn't an agreement or anything, just that I was renting a house at (the address) to (tenants name) for x amount each month. No length of time was mentioned, we never discussed this so it's just month by month really.

    Should I have an official tenancy agreement with them or does it matter?
    Also, I've registered with the prtb, is there anything else I'm supposed to do? Thanks for any info/advice!
    They're renting a house btw

    Do you also live in the house (it makes a big difference if you do, the following doesn't apply if you live there)? Is this your first time being a landlord? You need to do several things, get landlord's insurance, take an inventory (including pictures and condition of items), get your tax affairs in order (worth getting an accountant since it's also tax deductible), make sure you do quarterly inspections, etc.


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Once you're registered with the PRTB you're a good way to keeping everything in order. + 1 on the above re the other things. Just to add I only issue a Part IV lease to my tenants, I don't bother with fixed term contracts.

    You really should have a proper lease in place but to be fair the RTA 2004 is fairly comprehensive. Make sure you're familiar with the rights and responsibilities of both parties. There are loads of resources here and on other sites. I don't use them personally as I prefer going off the legislation but you might not get as turned on by law as I do! :pac: I use my lease to highlight the house rules in the complex but that may not apply in your case.

    I strongly recommend seeing an accountant at some point re tax. Many say don't, do it yourself, but to be sure to be sure etc. etc.

    You don't need to worry about a tenancy agreement in your case as you're already in a lease relationship with your tenants.


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