These Terms and Conditions of Business are between LMF Limited t/a www.dublinlettings.com and/or any subsidiaries, associates or separate names hereinafter called the "Agent" and the "Client", and are deemed to be accepted by the Client.
The Client agrees :
To present to the Agent proof of ownership of property. Utility Bills, a Solicitor's Letter and Insurance Documents are acceptable forms of documents prior to any agreed Tenancy agreement being signed. It is imperative that the Client / Owner entering into the tenancy agreement, or the person signing on behalf of that party, has the legal right to do so. Proof of such authority from Building Societies, Banks, Freeholders, Mortgages, Head Lessees , Insurance Companies etc may be required by the Agent, Tenant or his solicitor before agreeing to enter into a tenancy agreement.
To pay any fees of the Agent within 14 days of the date of the relevant invoice from the Agent.
The fee payable to the Agent by the Client for the introduction of any tenant, or for property management, is calculated as a percentage of the gross annual rental income. VAT at applicable rates currently in force will be charged in addition to the fee.
In the event of any tenant vacating a property prior to termination of any lease agreement, or in the event of any breach of any lease agreement, the Agent will not be held libel for any damages / loss of rent.
Where necessary, all works of repair should be completed by the Client prior to commencement of tenancy. It is the Client's obligation to maintain the aforementioned property throughout the term of the tenancy, subject to any term to the contrary in the management agreement mutually agreed between both parties. The Client should attend to any internal or external decoration, necessary prior to the commencement of the tenancy. It is the Client's responsibility to ensure that the property is handed over in a clean and tidy condition prior to the commencement of the tenancy, in order to create a standard for the tenants. We strongly recommend that the property is professionally cleaned throughout, including carpets, at the start of every tenancy.
The Client must have all gas appliances, including the central heating system, checked and serviced at intervals of no more than one year. It is essential that operating manuals for all appliances are provided by the Client for tenants' use.
The Client should ensure that the garden is in good condition, with all lawns cut, the flowerbeds tidy and any trees pruned. If it is the Client's intention to keep the garden maintained during the term of the tenancy, then appropriate arrangements should be made with a suitable gardener. If the Client stipulates that the tenant maintain the garden, then adequate tools should be provided for this purpose.
The Agent shall not be liable to the Client under, or in connection with, this agreement for any indirect or consequential loss or damage, or any loss of, or damage to, profit, revenue, savings, use, contract, goodwill or business, in each case howsoever caused, including without limitation by reason of misrepresentation (whether made prior to or in this agreement), negligence, other tort, breach of contract or breach of statutory duty.
No variation can be made to these terms without the written consent of a director of the Agent.
We reserve the right to charge interest on all overdue debts at the rate of 2% per month, or part of a month.
The tenant will be required to pay over a security deposit (usually one calendar month's rent) against damages and dilapidations. The Client normally holds the deposit in a designated deposit account. As soon as the Agent receives a report / estimate from the contractor / client, and providing there are no disputes as to the dilapidations, then the necessary appropriations can be made from the deposit. If the extent of the damages are such that estimates have to be obtained or replacement items purchased, then the responsibility for arranging such estimates rests with the Client. The Agent will not attend to such matters on behalf of the Client unless otherwise agreed in advance.
The Agent will, if required, prepare the tenancy agreement. The agreements which are used have been approved by the Agent's own solicitor and will cover most eventualities, but we suggest that the Client's own solicitor be given the opportunity to peruse the agreement, as neither the Agent nor their solicitor can take any responsibility whatsoever in relation to the use of the agreement in any particular case. We must stress that the tenancy agreement is a binding agreement between the Client and the tenant.
We are prepared to forward any post, which is either passed to us or found by us at the property, if required. All postage / administration costs will be passed onto the Client.
It is vital that the Agent is informed as to whether the Client is an Owner Occupier or Residential Client within the definition of the Residential Tenancies Act 2004, or whether the Client holds the property as an investment.
It is customary practice for the Inventory to be prepared by the Client and the Schedule of Condition to be prepared by the tenant. The Client can also provide the Schedule of Condition. We strongly recommend that an Inventory be carried out regardless of whether the property is unfurnished, in order to avoid any possible disputes over the deposit (ie if no inventory were carried out and the Client wished to make deductions from the tenants' deposit after they vacated, the Private Residential Tenancies Board (www.prtb.ie) / courts would be likely to favour the tenant, due to the Client not providing an Inventory).
The Client is obliged under the terms of the tenancy agreement to ensure that necessary repairs are carried out. Should he fail to meet this obligation, with the result that the tenant withholds all or part of the rent, we reserve the right to instruct contractors at our discretion and deduct any costs incurred from the rents received.
Under Irish Revenue authority regulations, overseas Clients' tax (withholding tax) is to be deducted from the rent at source by the managing agent (if employed) and by the tenant (if no managing agent employed) at a rate of 20% of the net proceeds of rent. This tax will be paid to the revenue annually. In the case of managed property, the Agent will provide the Client with the relevant Revenue form, currently R185.
In the event of a property being sold or passed on with the benefit of a tenancy, our fees will remain due and payable by the original Client for the duration of the tenancy, and for any extensions or renewals thereof, regardless of whether the Agent has carried out negotiations.
It is essential that the Client obtain the necessary consents where applicable from the Head Lessor, Mortgagees etc. Where possible, consents should be applied for, prior to finding a tenant - to avoid delays in granting the tenancy.
It is the Client's responsibility to insure the property and his contents for the full period of the tenancy, or any extension thereof, and for any period during which the property may be vacant. We strongly recommend home contents insurance is obtained, even if the property is unfurnished, in order to protect carpets, curtains etc from any damage. The Agent has no liability for any loss suffered.
All utility accounts, namely telephone, gas, electricity and waste, should be paid to the date that the tenancy agreement comes into force.
The Agent will provide efficient and trustworthy plumbers, electricians, maintenance etc which we will use unless otherwise instructed by the Client. The Agent will not be held libel for any damages caused by any negligence on behalf of our contractors. Any claims against poor workmanship shall be made against the relevant contractor. Details of all relevant contractors can be provided upon request. The Client is responsible for ensuring that safety rules are complied with - in particular that all electrical appliances must be safe for use. Other legislation covers electrical installations, and the safest way of avoiding prosecution for breach of one of the many regulations is to ensure that everything in the rented property is regularly checked and serviced.
We recommend that smoke alarms are fitted on every floor.
Where a house is divided into flats, the Client retains control and occupation of all the common ways. Clients must ensure that all parts of the building in common use are maintained in good repair and decoration (needed?), and are clean and in good order. All staircases, corridors etc must be kept free of obstruction and kept safe. There must be full fire precautions and means of escape in case of fire. As an example, any missing handrails or banisters must be replaced immediately. If there are any shared kitchens, toilets, bathrooms or showers, these must be kept in proper working order, clean and properly lit.
The Client is responsible for a gas safety check, which should be carried out prior to any Tenant moving into a property.
The letting service will be as per our standard brochure. When an applicant wishes to proceed, we will notify the Client accordingly. If the applicant's offer is accepted, we will apply for references (normally previous Client and employer). We will verbally check the previous landlord reference.
Management service is in addition to our letting service, and is detailed in our standard brochure. Property inspections are carried out at the beginning of any tenancy and at the termination of any tenancy. The Client will only receive a report on inspection if there is anything untoward to declare. When managing a property, it is vital that the Client supplies us with a full set of keys to hold in the office, to enable us to carry out management inspections, gain access to the property in case of emergency or to carry out repairs. If, during the Tenancy, running repairs become necessary, then we will arrange for these to be carried out - entirely at our own discretion. If any problems occur during the course of any tenancy which may require major renovations, we will arrange, at the Client's expense, for a surveyor to inspect and submit a report and thereafter, if authorised, to arrange and supervise for any works as necessary. This work will be subject to an additional fee, normally equal to 15% of the gross value of the works. If www.dublinlettings.com manages a property but does not collect the rent on behalf of a Client, the Client must provide us with a deposit normally equal to one month's rent, in order to pay necessary contractors if and when works to the property are required during the tenancy.
The Client will pay www.dublinlettings.com a fee based upon the letting fee, in respect of each extension / renewal of a tenancy as if it were a new letting, irrespective of whether or not the negotiations were carried out by www.dublinlettings.com. This fee is currently equal to €250.00 plus VAT.
The fee for short-term lettings is 15% of the total gross rental plus VAT, due for the entire term of the tenancy, or any extension thereof, with a minimum charge of €450. This service relates to tenancies not exceeding three months. The fee for short-term lettings of between three and six months is 12% gross rental plus VAT. All other tenancies lasting longer than six months shall be charged at the annual rate excluding VAT.
If a Client withdraws from letting their property after an offer has been agreed and a holding deposit taken from the tenant, the Client will be charged an abortive fee of €400 plus VAT.
Our office hours are Monday to Friday from 8.30am to 5.30pm, breaking for lunch from 1pm to 2pm. We hold keys to all our managed properties. These keys are held in case our contractors require access to any managed property and are available for collection during normal office hours. We are not a key holding service and do not provide a 24-hour key collection service.
In case of alarm activation, and without any reply from tenants, we shall not provide for an after-hours deactivation service. The Agent will arrange to switch off activated alarms during office hours. This service is not available as part of our management service, and is charged at a minimum of €100 per alarm activation.
All additional works undertaken on behalf of the Client in respect of any managed property or non-managed property not specified in our standard brochure is chargeable, with the fee calculated on a case-by-case basis. Fees shall be paid upon receipt of rent monies or upon receipt of invoice. It may not always be possible to obtain the Client's consent to such work and, in these cases, the Agent will make a decision whether to proceed with such works if said works are deemed to be urgent and / or necessary.
All fees, including management fees and contactor fees, are due upon receipt of rent monies. Failure by the tenant to pay rent shall not be seen as an excuse not to pay our fees. Our management fees will continue to be levied at the normal rate despite non-payment of rent by the tenant.
Our letting and management service includes notification to the relevant utility company of the transfer of Electricity and Gas utilities from the Client's name into the tenant's name. We shall take relevant readings for Gas and Electricity (where possible) and we will notify the relevant utility company of the transfer into the new tenant's name. We shall not transfer any phone or cable utility accounts. We cannot be held responsible for failure of any utility company to act on our instruction to transfer utility accounts.
The failure by www.dublinlettings.com to enforce, at any particular time, any one or more of the terms of this agreement shall not be deemed a waiver of such rights, or of the right to subsequently enforce the terms of this agreement.
If any provision, clause or part-clause of this agreement is held to be invalid, void illegal or otherwise unenforceable by judicial body, the remaining provisions of this agreement shall remain in full force and effect to the extent permitted by law (check this wording).
This agreement shall be governed by and construed in accordance with the laws of Ireland, and the parties hereby submit to the non-exclusive jurisdiction of the Irish Courts.
Regulated by the Property Services Regulatory Authority. Licence No.1131