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22-05-2020, 14:48   #1
Gjp650
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Tenant Documents

Hi,
Going to start letting an apartment and just wondering what I can/cannot ask prospective tenants and what I can/cannot put in the ad.

I want non-smokers, no pets, etc. Can I say that? I now cannot say that I want professionals?

Also, what documentation can I ask for from the people who I hope to give it to and when can I ask for this information:
- copy of passport
- copy of payslip
- copy of bank statement
- work reference
- landlord reference

I just want to be as careful as possible about the tenants.

thanks
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23-05-2020, 11:03   #2
dennyk
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You can't specify "professionals" because it implies you will only accept tenants who have jobs, and it's illegal to discriminate against tenants on HAP or rent supplement. Similarly, asking for work references could be potentially problematic; while it's not illegal to ask, it would be illegal to refuse to rent to someone on the basis that they were in receipt of rent supplement or HAP, so if you were to request that and the potential tenant couldn't provide it, or what they did provide indicates they weren't making much money, and so you declined to rent to them, they might have a basis for a discrimination complaint. Threshold have some further information on the grounds on which you cannot discriminate when seeking a tenant.

If you are requesting copies of those documents from prospective tenants, be careful that you are fully complying with data protection regulations. The Data Protection Commission has some advice on the matter for landlords. Requesting all of those documents from every potential tenant who inquires about your property would most likely be a compliance violation, but collecting such information from your preferred candidate before making the final decision to enter into a tenancy agreement could be permitted.

Tenants who smoke and tenants with pets are not protected classes and you are free to prohibit either in your tenancy agreement and say as much in your listings. Just make certain that such prohibitions are clearly spelled out in your written tenancy agreement; just verbally telling a tenant about those rules will make them difficult or impossible to enforce if the written agreement is silent about them.
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23-05-2020, 15:45   #3
Mrs OBumble
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For everything you ask for, you need clear reason for needing that document.

So - passport isn't necessary. But some form of official photographic identify (proving that the person you are looking at is the person who the bank statement and payslip are for) is reasonable.
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23-05-2020, 16:01   #4
PommieBast
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Quote:
Originally Posted by Gjp650 View Post
- work reference
This is a dangerous one to ask for these days. Many US-based multinationals have blanket no-reference policies where they will refuse to confirm anything other than job title and dates of employment.
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23-05-2020, 16:25   #5
Peintre Celebre
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Great country isn't it. Can't even say you want someone with a job and steady income for your hard earned house in fear of hurting someone's feelings.
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23-05-2020, 16:32   #6
Pkiernan
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Ask for a €2500 deposit.
1 months rent doesnt cover anything any more.
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23-05-2020, 16:37   #7
tuisginideach
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Quote:
Originally Posted by Pkiernan View Post
Ask for a €2500 deposit.
1 months rent doesnt cover anything any more.

You're 100% correct that 1 month's rent doesn't cover damage, but did Eoghan Murphy not bring in legislation restricting deposit to 1 month's rent? I thought he did. Maybe it never became law?

https://rebuildingireland.ie/news/re...ds-rent-index/
Minister Eoghan Murphy’s address at the publication of the Residential Tenancies Board’s Rent Index
for the Second Quarter of 2017 and Further Rental Sector Measures - Tuesday, 19th September 2017
A Deposit Protection Scheme will be established, operated by the Residential Tenancies Board, to handle deposits and to manage disputes efficiently so that decisions are delivered and money is returned quickly. Under this new scheme, the RTB will be able to define a deposit at one month’s rent.

Last edited by tuisginideach; 23-05-2020 at 16:42.
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23-05-2020, 18:32   #8
Mr.S
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Quote:
Originally Posted by PommieBast View Post
This is a dangerous one to ask for these days. Many US-based multinationals have blanket no-reference policies where they will refuse to confirm anything other than job title and dates of employment.
Isn’t that the only information needed for an employers reference though? Surely everything else is OTT. Landlords aren’t going to care how good you are at your job.
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23-05-2020, 18:56   #9
Pkiernan
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Quote:
Originally Posted by tuisginideach View Post
You're 100% correct that 1 month's rent doesn't cover damage, but did Eoghan Murphy not bring in legislation restricting deposit to 1 month's rent? I thought he did. Maybe it never became law?

https://rebuildingireland.ie/news/re...ds-rent-index/
Minister Eoghan Murphy’s address at the publication of the Residential Tenancies Board’s Rent Index
for the Second Quarter of 2017 and Further Rental Sector Measures - Tuesday, 19th September 2017
A Deposit Protection Scheme will be established, operated by the Residential Tenancies Board, to handle deposits and to manage disputes efficiently so that decisions are delivered and money is returned quickly. Under this new scheme, the RTB will be able to define a deposit at one month’s rent.
It's not law.

Though the RTB recommends 1 months rent.
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23-05-2020, 21:55   #10
Gjp650
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Quote:
Originally Posted by PommieBast View Post
This is a dangerous one to ask for these days. Many US-based multinationals have blanket no-reference policies where they will refuse to confirm anything other than job title and dates of employment.
Thats all i really need, is confirmation of employment
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23-05-2020, 22:01   #11
Gjp650
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Quote:
Originally Posted by dennyk View Post
You can't specify "professionals" because it implies you will only accept tenants who have jobs, and it's illegal to discriminate against tenants on HAP or rent supplement. Similarly, asking for work references could be potentially problematic; while it's not illegal to ask, it would be illegal to refuse to rent to someone on the basis that they were in receipt of rent supplement or HAP, so if you were to request that and the potential tenant couldn't provide it, or what they did provide indicates they weren't making much money, and so you declined to rent to them, they might have a basis for a discrimination complaint. Threshold have some further information on the grounds on which you cannot discriminate when seeking a tenant.

If you are requesting copies of those documents from prospective tenants, be careful that you are fully complying with data protection regulations. The Data Protection Commission has some advice on the matter for landlords. Requesting all of those documents from every potential tenant who inquires about your property would most likely be a compliance violation, but collecting such information from your preferred candidate before making the final decision to enter into a tenancy agreement could be permitted.

Tenants who smoke and tenants with pets are not protected classes and you are free to prohibit either in your tenancy agreement and say as much in your listings. Just make certain that such prohibitions are clearly spelled out in your written tenancy agreement; just verbally telling a tenant about those rules will make them difficult or impossible to enforce if the written agreement is silent about them.
Can i ask for the information from say the final 2 or 3? I wouldnt ask for everyone
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23-05-2020, 22:05   #12
Enter name here
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Best thing to do, I always credit check final applicants, if they fall below what I'd expect then onto next applicant. I also charge 6 weeks deposit for unfurnished and 12 weeks for furnished. Once this mentioned I usually only end up with a short list of very good prospects.
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23-05-2020, 22:23   #13
PommieBast
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Disclaimer: IANAL.

Quote:
Originally Posted by Gjp650 View Post
Can i ask for the information from say the final 2 or 3? I wouldnt ask for everyone
In the document linked to a few posts ago there is this bit (my emphasis) in the case study:
Quote:
at the end of the process, only one applicant could be accepted as the new tenant and it was only in the case of that successful applicant that the full range of personal data was required.
So no, you can only ask someone you have otherwise already chosen in principle.
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23-05-2020, 22:35   #14
Caranica
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Quote:
Originally Posted by Gjp650 View Post
Thats all i really need, is confirmation of employment
Confirmation of employment is not the safety net you think it is. We had 4 nurses in our house, yes they were employed but they absolutely trashed the place.
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23-05-2020, 22:56   #15
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Quote:
Originally Posted by Caranica View Post
Confirmation of employment is not the safety net you think it is. We had 4 nurses in our house, yes they were employed but they absolutely trashed the place.
It's a ridiculous thing to judge people by whether they have a job or not. I know lots of people who have jobs I wouldn't put next or near a property I owned. Conversely I know plenty people on various SW systems for one reason or another who would rather starve than miss a rent payment and would feel embarrassed to have anyone in the house unless it was spotless.

And think of it another way - what is more secure? HAP or employment? I've never heard of anyone getting laid off the HAP....
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