# Sample  rental  agreement



## Silver 22 (12 Jul 2020)

Hello , 
I am just wondering if anyone might guide me in drafting a simple tenancy agreement  for  letting of a house for  max a 2 year period.  
I know  it is up to  me to decide  what is / is not included - refuse , wi fi etc .  No bills included .  Inventory listed  on commencing  rental period.  
Month`s rent held as a deposit . 
If the property is let for cash , I`m sure  the same tenants rights apply .  That`s just an IF question . 
As  I am already employed  and pay  the higher rate of tax on  a share of my income , I  wonder will  rental income  be taxed  also at the higher rate ..ie  will Revenue combine my employment  and rental income  or would the rental income be taxed at 20% independent to my employment. 
Id be  happy for some advice  , 
Thank you , 
Silver 22 .


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## Thirsty (12 Jul 2020)

Check Threshold for tenancy book.
Read up on the RTB site.
Six weeks rent for deposit.
You will pay tax / prsi on rental income.
Get a tax agent to do your returns, worth every penny.
I'm not sure what you mean by "let for cash"?


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## Páid (13 Jul 2020)

I've used this one in the past - [broken link removed]



Silver 22 said:


> letting of a house for max a 2 year period


You really need to read up on the RTB website.


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## Silver 22 (13 Jul 2020)

Thank you for your replies ...I should have explained the property will be available for a 2 year period max as   family member plans on using it  in retirement.  
Tax agent definitely the best option . 
Thank you again .


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## Leo (13 Jul 2020)

Silver 22 said:


> should have explained the property will be available for a 2 year period max as family member plans on using it in retirement.



Note you run the risk that use by a family member will no longer be permitted as a reason for termination of a lease at that stage.


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## AndroidMan (13 Jul 2020)

Leo said:


> Note you run the risk that use by a family member will no longer be permitted as a reason for termination of a lease at that stage.



Is that the case really? I dont get that.


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## Leo (13 Jul 2020)

AndroidMan said:


> Is that the case really? I dont get that.



It is currently one of the few reasons a landlord is allowed to terminate a lease, but there are increasing demands for it and sale of the property to be removed to give tenants more security.


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## AndroidMan (13 Jul 2020)

So there are demands that an owner cannot move their elderly parents into the house or sell the house if they need the money??
Neither points really relevant to my circumstances but I am astounded by this.


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## Leo (13 Jul 2020)

AndroidMan said:


> So there are demands that an owner cannot move their elderly parents into the house or sell the house if they need the money??
> Neither points really relevant to my circumstances but I am astounded by this.



Yes, including part of the Green Party program for government.


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## Thirsty (13 Jul 2020)

Leo said:


> It is currently one of the few reasons a landlord is allowed to terminate a lease, but there are increasing demands for it and sale of the property to be removed to give tenants more security.


I'm out if that happens, at the very least I expect to be allowed to sell a property I own.


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## Silver 22 (13 Jul 2020)

That`s shocking . I`m not a follower of the upcoming Green  Party  proposals  etc  but  what is someone expected to do if they cannot sell their asset . That complicates things really as regards rental so leaving it  vacant  for 2 years seems like a less  tumultuous option .  Complying with RTB and Revenue  is no bother  at all but  definitely  not willing to be unable to terminate a lease if / when desired .


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## AndroidMan (13 Jul 2020)

What if the owner was to die? And the asset is left to the children? Can they not sell if there are tenants??
This is complex and messy!
And sorry for going off topic O/P!


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## Silver 22 (13 Jul 2020)

Both worries at all ...I'm learning loads from the experts here  ! I'm definitely a small fish in a big pond!


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## Feemar5 (13 Jul 2020)

Regarding Revenue you will probably have to register for ROS and complete form 11.   Your PAYE and profit from renting will be added together and taxed accordingly.   You will also have to pay USC and PRSI.


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## Leo (14 Jul 2020)

AndroidMan said:


> And sorry for going off topic O/P!



Yeah, there are other threads here on these topics, so best keep this one on the original subject.


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## L_earner (14 Jul 2020)

"A fixed term tenancy is a tenancy that lasts for a specific amount of time. A ‘Part 4’ tenancy runs alongside a fixed term tenancy, which means the tenant shall, after a period of 6 months and as in the normal course, become entitled to the provisions of a ‘Part 4’ tenancy (i.e. they can stay in the property for 4 or 6 years*).  Source: RTB. https://www.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/fixed-term-tenancy
The asterisk refers to the date of the start of the tenancy. If it started before December 24th 2016 tenants can stay in the property for four years.

There seems to be a messy conflict of laws here. If I sign an agreement with a person to let them my property for a fixed term, say for three years, in return for a specific consideration, and subject to terms and conditions to which we both commit, we are both knowingly entering into a legally binding contract. Would a court rule that it is unenforceable? I am not so sure. The principles of Contract law are are long established.


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## Páid (14 Jul 2020)

Neither the tenant nor landlord can contract out of the Part 4 tenancy.


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## L_earner (20 Jul 2020)

Páid said:


> Neither the tenant nor landlord can contract out of the Part 4 tenancy.


Paid do you know if there is case law on this?


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## Thirsty (20 Jul 2020)

You can't enforce a contract that contradicts the law as set out in the relevant Act. That itself is one of the principles of contract law.

So if, for example, you gave your tenant notice to quit on the grounds that their 3 year lease was ending; the tenant can refuse to leave, and as long as they continue to pay rent, you will not succeed in getting an eviction order on those grounds.


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## Silvius (31 Jul 2020)

Thirsty is absolutely right. If your family member needs to move in after two years you're taking a risk by renting it. You're at the mercy of the tenant here, if they dig their heels in and decide to claim their Part 4 tenancy you might have great difficulty getting them out. One solution might be to only rent for 6-month periods, once the tenant stays a day over 6 months they have rights to a Part 4 tenancy.


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## Páid (31 Jul 2020)

Could you move into the house and avail of the Rent a Room scheme?

No tax for income under €14,000 and it will be easier to get a vacant house when your family member wants to move in.


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## Silver 22 (31 Jul 2020)

Thank you for that suggestion, I had never even thought of that option. Definitely one to think seriously about.   Then my current house would have to be registered with the Council as NPPR  -Non Prinfipal residence. Im sure the council would see that I'd be paying 2 property taxes then . 
Do all rented properties have also to be declared as non primary residences -another expense.


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## Páid (31 Jul 2020)

I think the NPPR was abolished in 2014. You just pay the LPT (Local Property Tax) as normal.


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## Silver 22 (31 Jul 2020)

Thank you, yes I should have checked myself  before I asked the question,  replaced by property tax . Thank you .


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