(Fol20, this is not having a go at your post - just quoting it in order to ask the following question)
Originally Posted by Fol20
Its not his tough luck as the Legislation supersedes whatever contract you sign anyway. ….
I have read many times on this forum that there is no point anymore for landlords and tenants to sign a contract as the legislation supersedes anything that is in it.
Why is that? If no contracts made sense, then the same argument would be made for employers/employees or suppliers/customers etc but that doesn't happen afaik.
Most retailers for instance will have their T's & C's on their website, on the back of the receipt etc and it must comply with the various pieces of consumer legislation.
As for employment, the majority of people working have signed a contract which sets out the details of their job, duties, working hours, annual leave etc etc. Those terms must be in line with whatever EU and Irish employment legislation is in place and when both parties sign up to it, they are both expected to abide with the terms they have contracted to.
I have never heard anyone suggesting that a company should not bother issuing an employment contract because there is legislation already there.
From reading threads on this forum, it seems that Tenancy contracts are not considered binding and are flouted time and again by both parties.
Why is that? Surely if a tenancy contract (agreement or lease) is entered into willingly and signed by both parties, it is legally binding provided it is in compliance with the legislation