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Renting for years but no lease - should I be concerned?

  • 08-07-2022 10:56pm
    Registered Users Posts: 456 ✭✭

    I've been a tenant for years but have never had a formal lease from my landlord. Everything else seems by the book though - he has the property registered with the RTB and I pay the rent monthly via bank transfer.

    Should I be concerned that I have never gotten a lease agreement from him?


  • Registered Users Posts: 3,473 ✭✭✭Grolschevik

    No. All your statutory rights as a tenant supercede anything in a lease. Where leases can be handy is for stuff like confirmation of payment dates, rent amount, contents list etc.

  • Registered Users Posts: 1,596 ✭✭✭dennyk

    Not having a written tenancy agreement is foolish on the landlord's part, but it doesn't affect your statutory rights in any way. A written agreement can't override your statutory rights, but it could place limits on things that aren't provided for by the law, such as having pets, taking in licensees, etc., so not having a written agreement prohibiting such things is actually in your favour. (Also, remember that you are under no obligation to sign any written agreement at this point; if you get a dog or whatnot and your landlord suddenly "remembers" that they meant to have you sign a tenancy agreement prohibiting pets, you can politely decline; they have no right to terminate your tenancy just because you didn't agree to sign a new agreement.)

  • Registered Users Posts: 456 ✭✭Escapees

    Thanks for the feedback folks! That's kinda along the lines I had been thinking.

  • Posts: 0 [Deleted User]

    Dennyk nailed it in 1 there.

    Just as an 'aside' a work colleague of mine, over 25yrs with the company....... here's the kicker...... he NEVER HAD a contract of employment......over 2decades he did ask ( in writing) for 'his' contract .....never got one/ was fobbed off, put on the 'long finger'. Anyhow, 2018 the company got bought out by the American 'parent' company.... so the new HR ( external HR.../ everything is outsourced) Lady spots this & says " whoa, X doesn't have a contract.... this is crazy-- as a company you're VERY EXPOSED HERE" ) & approaches my mate to see about getting the contract business " sorted". My mate goes to his SIPTU rep for advice,,..... the 1st thing union lady said was ' hmmmm.......NO contract is a GREAT contract". Think about it...... he could never be subject to disciplinary action, took more sick days than most....... before he actually signed the contract we used to call him " teflon"

  • Registered Users Posts: 17,052 ✭✭✭✭rob316

    Leases aren't worth the paper they are written on certainly from the prospective of the landlord. Believe me you want a tenant out a lease won't help ya. Solicitors only benefit from them.

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  • Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,047 Mod ✭✭✭✭Tar.Aldarion

    What happens after a lease runs out and a tenant doesn't need a new one? How can the original limitations hold?

  • Registered Users Posts: 3,841 ✭✭✭spaceHopper

    The way I've worked it with tenants is that there is a rental agreement that sets out the terms, like no pets, initial rent, day it is it be paid. Either side notice period is/was 1 month but they are effectively on their part 4 rights. So in the first 6 months it's see ya if there are problems after that they are on part 4 terms.

    A 1 year lease binds me more than it does them. For example, overly needy tenant who complains about everything, my way in the first 6 months, sorry it's not working out here is a letter can you move please (this has never happened). With a 1 year lease I'm stuck with them.

  • Registered Users Posts: 1,596 ✭✭✭dennyk

    If a tenant enters into a tenancy agreement that includes a fixed term lease, once that fixed term expires the tenancy effectively becomes a periodic tenancy, but all of the other terms of the original tenancy agreement still remain in force, unless those other terms explicitly state that they also expire at the end of the fixed term (which they wouldn't, unless the landlord's solicitor is utterly incompetent).