Two Quick Q's

Alicano

Hi All. Hoping for some quick advice on the below:

1) I'm currently renting my house on fixed term lease. I will be moving in at the end of the lease and want to serve notice to tenants. Letting agent has verbally advised them. I have a form printed off to issue tenants in writing. However, letting agency advised me that I have to have form signed by solicitor. Is this the case? Fine if it is. Just don't want to be paying a hundred euro or so for a signature if not required by law.

2) Apologies Mods if wrong forum. I have an issue with main drain of house. Connecting kitchen and bathroom at rear of house, traveling under house to manhole out front on street. I presumed this is my problem and simply tough luck. However a friend said that as it's the main pipe for house it might fall under DCC to fix? Friend said that I'm only responsible for drainage above ground? Sounds a bit too good to be true. Again, just wondering if anyone has experience in this?

Thanks all in advance.

Graham

Alicano wrote: »

Hi All. Hoping for some quick advice on the below:

1) I'm currently renting my house on fixed term lease. I will be moving in at the end of the lease and want to serve notice to tenants. Letting agent has verbally advised them. I have a form printed off to issue tenants in writing. However, letting agency advised me that I have to have form signed by solicitor. Is this the case? Fine if it is. Just don't want to be paying a hundred euro or so for a signature if not required by law.

It looks like you do, see the notes/declaration at the bottom of this sample from the RTB:

Notice of Termination for when Landlord Requires Dwelling for Own or Family Use

Declared before me ………………………………………….. a [practising solicitor] [notary public]
[commissioner for oaths] [peace commissioner] [person authorised by [insert authorising statutory
provision] …………………………………………… to take and receive statutory declarations] by [Insert Name
of Declarant]

Alicano

Thanks Graham

Browney7

Graham wrote: »

It looks like you do, see the notes/declaration at the bottom of this sample from the RTB:

Notice of Termination for when Landlord Requires Dwelling for Own or Family Use

Peace commissioner will do it for free

sharpish

Graham wrote: »

It looks like you do, see the notes/declaration at the bottom of this sample from the RTB:

Notice of Termination for when Landlord Requires Dwelling for Own or Family Use

commissioner for oaths is about 12 euro

4ensic15

Alicano wrote: »

Hi All. Hoping for some quick advice on the below:

1) I'm currently renting my house on fixed term lease. I will be moving in at the end of the lease and want to serve notice to tenants. Letting agent has verbally advised them. I have a form printed off to issue tenants in writing. However, letting agency advised me that I have to have form signed by solicitor. Is this the case? Fine if it is. Just don't want to be paying a hundred euro or so for a signature if not required by law.

2) Apologies Mods if wrong forum. I have an issue with main drain of house. Connecting kitchen and bathroom at rear of house, traveling under house to manhole out front on street. I presumed this is my problem and simply tough luck. However a friend said that as it's the main pipe for house it might fall under DCC to fix? Friend said that I'm only responsible for drainage above ground? Sounds a bit too good to be true. Again, just wondering if anyone has experience in this?

Thanks all in advance.

You might be better off paying for legal advice. You are trying to give notice during the currency of a fixed term agreement? You may well be wasting your 12 euro.

myshirt

I thought this was going to be two quick questions?

Op, the estate agent is basically just transfering risk to the solicitor for any remote possibility it went wallop. It's helmet in the kitchen stuff, and he must have forgotten that you have paid him during your relationship.

This is light touch stuff. You don't need a solicitor for that. Get it sworn for a tenner, tops. But that's the extent of it. Tell him you are relying on him and if it went wallop then we will bring in a solicitor and that you'd also be relying on his professional indemnity insurance for any losses suffered.

This guy must want business where he gets the money but none of the risk. He is absolutely conflating something that doesn't need to be referred on, with something that does. And to think that is acceptable is just another symptom of the 30-40 second Google merchant culture we have. It's pub talk. It's poor experience. It's lax experience. Tell him it is him who needs to go to a solicitor in fact, because he might be in for a shock, no matter how well crafted his engagement letter is. You can't be taking on business, taking a guys money, and ringfencing out the most remote of risks. It's not legal.

Graham

Personally, if I were in the OPs position I'd pay for the solicitor.

The letting agent in this scenario is not making anything (or is in fact losing revenue) because the tenancy is ending. He's going to be largely uninterested and unless he charges for assisting with the termination of the tenancy, it's understandable why he doesn't want to take on any risk associated with it. If he is charging, it's probably safe to say the money would be better spent on qualified legal advice.

Professional indemnity is going to be little comfort to the OP if something is done incorrectly and they can't move back into their property.

Daisy78

Alicano wrote: »

Hi All. Hoping for some quick advice on the below:

1) I'm currently renting my house on fixed term lease. I will be moving in at the end of the lease and want to serve notice to tenants.

2) Apologies Mods if wrong forum. I have an issue with main drain of house. Connecting kitchen and bathroom at rear of house, traveling under house to manhole out front on street. I presumed this is my problem and simply tough luck. However a friend said that as it's the main pipe for house it might fall under DCC to fix? Friend said that I'm only responsible for drainage above ground? Sounds a bit too good to be true. Again, just wondering if anyone has experience in this?

Thanks all in advance.

It's the private drain from your property so the Council won't take any responsibility for it's maintenance, only the public sewer on the street.

Alicano

Daisy78 wrote: »

It's the private drain from your property so the Council won't take any responsibility for it's maintenance, only the public sewer on the street.

Yep. I thought the same. Many thanks.