Free Tenancy Agreement - Ireland

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Tenancy Agreement

Property Address


Property Address

(e.g. Street, City / Town, County, Eircode)




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Tenancy Agreement Page of
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Tenancy Agreement

THIS TENANCY AGREEMENT (the "Agreement") dated this ________ day of ________________, ________

Landlord

_________________________
(the "Landlord")

Tenant

_________________________
(the "Tenant")

(individually the “Party” and collectively the “Parties”)

BACKGROUND:

  1. The Landlord is the owner of residential property available for rent and is legally entitled to grant this tenancy.
  2. The Residential Tenancies Act 2004 (as amended) applies to this Agreement.

IN CONSIDERATION OF the Landlord letting certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

  1. Let Property
  2. The Landlord agrees to let to the Tenant, and the Tenant agrees to take a tenancy of the house, known as and situated at ________________________________________________________________________________ (the "Property"), for use as residential premises only. Neither the Property nor any part of the Property will be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as the Tenant's only or principal private single-family residence.
  3. No pets or animals are allowed to be kept in or about the Property without the prior written permission of the Landlord. Upon thirty (30) days' notice, the Landlord may revoke any consent previously given pursuant to this clause.
  4. The Property is provided to the Tenant without any furnishings.
  5. The Tenant and members of Tenant's household will not smoke anywhere on the Property nor permit any guests or visitors to smoke on the Property.
  6. Term
  7. The term of the tenancy commences on 18 March 2024 and ends on 18 March 2024 (the "Term").
  8. Any notice to terminate this tenancy must comply with all applicable legislation (the "Act").
  9. Should neither party have brought the Tenancy to an end at or before the expiry of the Term, then a new tenancy from month to month will be created between the Landlord and the Tenant which will be subject to all the terms and conditions of this Agreement but will be terminable upon the Landlord giving the Tenant the notice required under the Act.
  10. Rent
  11. Subject to the provisions of this Agreement, the rent for the Property is €___________ per month (the "Rent").
  12. The Tenant will pay the Rent in advance, on or before the ____________________ of each and every month of the Term to the Landlord at ________________________________________________________________________________ or at such other place as the Landlord may later designate by cash.
  13. The Landlord will provide the Tenant with a rent book, free of charge, including the information required by the Housing (Rent Books) Regulations, 1993.
  14. The Tenant will make the rent book available to the Landlord for updating.
  15. Quiet Enjoyment
  16. The Landlord covenants that on paying the Rent and performing the covenants contained in this Agreement, the Tenant will peacefully and quietly have, hold, and enjoy the Property for the Term.
  17. Tenant Improvements
  18. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  19. Insurance
  20. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  21. Absences
  22. The Tenant will inform the Landlord if the Tenant is to be absent from the Property for any reason for a period of more than fourteen days. The Tenant agrees to take such measures to secure the Property prior to such absence as the Landlord may reasonably require and take appropriate measures to prevent frost or flood damage.
  23. If the Tenant no longer occupies the Property as its only principal home (whether or not the Tenant intends to return) the Landlord may, at its option, end the tenancy by serving a notice of termination in compliance with the Act.
  24. If the Tenant has abandoned the Property and the Landlord is unsure whether the Tenant intends to return, the Landlord is entitled to apply for a court order for possession.
  25. If the Tenant has abandoned or surrendered the Property and the Landlord feels that the Property is in an insecure or urgent condition, or that electrical or gas appliances could cause damage or danger to the Property, then the Landlord may enter the Property to carry out urgent repairs. If the locks have been changed for such urgent security reasons, the Landlord will attempt to provide notice to the Tenant of the change in locks and how they can get a new key.
  26. If there is implied or actual surrender of the Property by the Tenant, the Landlord may, at its option, enter the Property by any means without being liable for any prosecution for such entering, and without becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant, let the Property, or any part of the Property, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such letting, and, at the Landlord's option, hold the Tenant liable for any difference between the Rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realised by the Landlord by means of the letting. Implied surrender will be deemed if the Tenant has left the keys behind or where the Tenant has ceased to occupy the Property and clearly does not intend to return.
  27. If the Tenant has abandoned or surrendered the Property and the Tenant has left some belongings on the Property, the Landlord will store the Tenant's possessions with reasonable care for a reasonable period of time taking into consideration the value of the items and cost to store them. Once the cost of storage is greater than the value of the items, such items may be disposed of by the Landlord.
  28. Governing Law
  29. This Agreement will be construed in accordance with and governed by the laws of Ireland and the Parties submit to the exclusive jurisdiction of the courts of Ireland.
  30. Severability
  31. If there is a conflict between any provision of this Agreement and the Act, the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
  32. The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.  Such other provisions remain in full force and effect.
  33. Amendment of Agreement
  34. This Agreement may only be amended or modified by a written document executed by the Parties.
  35. Assignment and Subletting
  36. Without the prior, express and written consent of the Landlord, which may be given or withheld at the sole discretion of the Landlord, the Tenant will not assign this Agreement, or sublet or grant any concession or licence to use the Property or any part of the Property. A consent by Landlord to one assignment, subletting, concession, or licence will not be deemed to be a consent to any subsequent assignment, subletting, concession, or licence. Any assignment, subletting, concession, or licence without the prior written consent of Landlord, or an assignment or subletting by operation of law, will be void and will be grounds for termination of this Agreement by the Landlord.
  37. Damage to Property
  38. If the Property should be damaged or destroyed other than by the Tenant's negligence or wilful act or that of the Tenant's employee, family, agent, licensee, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Agreement by giving appropriate notice.
  39. Care and Use of Property
  40. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property.
  41. The Tenant will keep the Property in good repair and condition and in good decorative order, including cleaning windows at least four times per year and not hanging washing out windows.
  42. The Tenant or anyone living with the Tenant will not engage in any illegal trade or activity on or about the Property including, but not limited to, using the Property for drug storage, drug dealing, prostitution, illegal gambling or illegal drinking.
  43. The Tenant or anyone living with the Tenant will not engage in any behaviour that is anti-social or threatening to the fabric of the Property or the building.
  44. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
  45. If the Tenant is absent from the Property and the Property is unoccupied for a period of 14 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of this person.
  46. At the expiration of the Term, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Agreement, with reasonable wear and tear and damages by the elements excepted.
  47. Hazardous Materials
  48. The Tenant will not keep or have on the Property any article or thing of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company.
  49. Rules and Regulations
  50. The Tenant agrees to obey all reasonable rules and regulations implemented by the Landlord from time to time regarding the use and care of the Property and of the building, which will include any car park and common parts or facilities provided for the use of the Tenant and other neighbouring proprietors.
  51. Termination of Tenancy
  52. The Landlord may terminate the tenancy by service on the Tenant of a notice pursuant to any ground provided under the Act. The Landlord may serve such notice either:
    1. to terminate the tenancy at its end date,
    2. to terminate the tenancy where the Tenant is in breach or has not performed any of the Tenant's obligations under this Agreement, or
    3. to terminate the tenancy for any other ground provided in the Act.
  53. Address for Notice
  54. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below.  After this tenancy has been terminated, the contact information of the Tenant is:
    1. Name: _________________________
    2. Phone: _________________________
    3. Post termination notice address: ____________________________________________________
  55. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _________________________
    2. Address: ________________________________________________________________________________

    The contact information for the Landlord is:

    1. Phone: _________________________
  56. The Landlord or the Tenant may, on written notice to each other, change their respective addresses for notice under this Agreement.
  57. General Provisions
  58. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Agreement will not operate as a waiver of the Landlord's rights under this Agreement in respect of any subsequent defaults, breaches or non-performance by the Tenant of its obligations in this Agreement and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  59. This Agreement will extend to and be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assignees, as the case may be, of each Party to this Agreement. All covenants are to be construed as conditions of this Agreement.
  60. All sums payable by the Tenant to the Landlord pursuant to any provision of this Agreement will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  61. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  62. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  63. This Agreement and the Tenant's leasehold interest under this Agreement are and will be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Property by the Landlord, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions such liens or encumbrances.
  64. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  65. Time is of the essence in this Agreement.
  66. This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
  67. The Tenant will indemnify and save the Landlord, and the owner of the Property where different from the Landlord, harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which the Landlord will or may become liable or suffer by reason of any breach, violation or non-performance by the Tenant or by any person for whom the Tenant is responsible, of any covenant, term, or provisions hereof or by reason of any act, neglect or default on the part of the Tenant or other person for whom the Tenant is responsible. Such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the Term will survive the termination of the Agreement, notwithstanding anything in this Agreement to the contrary.
  68. The Tenant agrees that the Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or by any person for whom the Tenant is responsible who may be on the Property of the Landlord or for any loss of or damage or injury to any property, including cars and contents thereof belonging to the Tenant or to any other person for whom the Tenant is responsible.
  69. The Tenant is responsible for any person or persons who are upon or occupying the Property or any other part of the Landlord's premises at the request of the Tenant, either express or implied, whether for the purposes of visiting the Tenant, making deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Tenant is responsible for all members of the Tenant's family, guests, servants, tradesmen, repairmen, employees, agents, invitees or other similar persons.
  70. If, on or before the expiry of the Term, the Parties agree that the tenancy will continue as a periodic tenancy after the expiry of the Term, the obligations of the Parties in this Agreement will continue for the duration of that periodic tenancy.
  71. During the last 30 days of this Agreement, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'To Let' or 'Vacancy' signs on the Property and the Tenant agrees to allow the Landlord or its agents reasonable access to the Property at reasonable times for the purpose of displaying such signs upon the Property.
  72. The Tenant will provide the Landlord with any information needed to register this tenancy with the Residential Tenancies Board.

IN WITNESS WHEREOF _________________________ and _________________________ have duly affixed their signatures on this ________ day of ________________, ________.

_______________________
Witness:

_______________________
Address

_______________________
Occupation

_______________________
_________________________

_______________________
Witness:

_______________________
Address

_______________________
Occupation

_______________________
_________________________

Tenancy Agreement Page of
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Tenancy Agreement

Other Names:

A Tenancy Agreement is also known as:

  • Lease Agreement
  • Residential Tenancy Agreement
  • Tenancy Agreement Form
  • Residential Lease Agreement

What is a Tenancy Agreement?

A Tenancy Agreement is a legal contract that defines the terms and obligations between a landlord and the tenant(s) letting a residential property from them. Tenancy agreements are commonly used when signing up a new tenant for a flat, but they can also be used for letting out rooms, house shares, or mobile homes.

The length of a Tenancy Agreement may be based on a fixed period that ends on a specific date, or it may run on a repeating cycle such as weekly or monthly.

Why do I need a Tenancy Agreement?

A Tenancy Agreement sets out the expectations and requirements of the landlord and tenant so that each of them clearly understands the conditions of the tenancy. For example, having a formal tenancy agreement lets the tenant know what is permitted in the living space, including rules regarding the following items:

  • Whether pets are allowed, what types of pets, and expectations for pet behaviour
  • If tenants are permitted to smoke; either in their flat, on a balcony, or outside the building
  • Whether guests can visit or stay overnight
  • When "quiet hours" are to be kept
  • Scheduled use of onsite laundry machines

At the same time, the Tenancy Agreement can also be used to outline the following responsibilities for the landlord:

  • Keep the building and grounds in decent condition and safe from hazards
  • Provide timely repairs of vital systems like plumbing and electrical
  • Give reasonable notice before entering the tenant's living space
  • Ensure that proper fire safety items like smoke detectors and extinguishers are provided and functional

What information is included in a Tenancy Agreement?

A Tenancy Agreement typically contains the following items:

  • Names and contact information for the tenant and landlord/property manager
  • The length of the tenancy agreement; either a fixed period or a recurring time interval
  • The amount of the rent payment, and when it must be submitted
  • Rights and responsibilities of both the tenant and landlord
  • Additional options such as parking, or items included with the rent (utilities, internet, etc.)
  • Any security deposits which must be paid before moving into the living space

A Tenancy Agreement can also contain an option for the tenant to purchase the rental property at the end of the lease period.

When should I create a Tenancy Agreement?

You should create a Tenancy Agreement anytime you let a living space to a tenant. This could be a room or set of rooms in your home, or it could be a flat in a building you own and/or manage.

You can also use a Tenancy Agreement if you own a vacation property and decide to let it out for people to use while they are on holiday.

Related Documents:

  • Residential Tenancy Application: a form used by landlords or property managers to collect information on prospective tenants
  • Eviction Notice: an official notice a landlord can use to warn a tenant of inappropriate behaviour, or to commence the eviction of a tenant
  • Lease Amendment: a document used to make modifications to an existing lease; changes must be agreed upon by the landlord and the tenant(s)
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