Do I need a lease?

DannyBoyD said:
It wasn't mistaken;
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Seriously?!

You said -
DannyBoyD said:
not allowed ban pets
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When queried, you posted an article by the RTB that does NOT say that landlords are not allowed to ban pets.

Let’s face it - you were flat out wrong.

The Labour Party introduced a private members Bill last year that would, amongst other things, have prohibited landlords from banning pets. But that was never enacted.

FWIW, I did get a tenant to move on a few years ago when he insisted on keeping a pet, which was against the rules of the apartment development. Thankfully I had a clause in the lease that I could point to which prohibited him from keeping a pet in the property.
 
If your management rules had said nothing about pets; you would not be able to rely on your lease clause.

Any clause that can't be enforced is worthless.

Property owners shouldn't kid themselves.

If push comes to shove RTB will support tenant.
 
Ah, quoting yourself to advance an “argument”. The ultimate in intellectual narcissism.

It’s complete nonsense, of course.

There is absolutely no reason why a ban on keeping pets cannot be enforced by a landlord.

Are you so arrogant that you can’t just accept that you made a mistake?
 
Hmmmm. You can ban pets. Its at your discretion as a landlord. I have two rentals and both explicitly do not allow pets, pet sitting, pet visiting etc. Your link in no way backs up your claim.
 
This is really poor information. A lease can be personalised and include (within the law) things specifically relevant to landlord, subletting, guests, garden upkeep, cleaning windows, house clean on departure, pets etc etc. A lease is signed by both parties and in my case I include a photographic record of each room and a contents list. I also create a tenants whatsapp group so we have a record of any requests. I ask for all requests in email and at the start of the tenancy I put a quick note of meter readings etc in first post. A lease is essential in a dispute and RTB will ask for it to assess difference of opinions.
 
Exactly. A lease is your best opportunity to specifically lay out all the info you need to be observed. My letting agent does mine and I edit and she issues.
 
Just another clarification of the errors in above post.
A tenant cannot enter into rent a room without consent of landlord and neither can they sub let without consent of landlord.

I wonder Danny Boy if you are the same Danny Boy on twitter cos he is a dose coming up with mad loosely factual stuff and repeating as gospel. Related?
 
Putting clauses into your lease is one thing, enforcing them is a whole other ball-game.

It takes near enough two years to evict a tenant for not paying rent and / or overholding - you believe you'll start that process because the windows aren't cleaned once a month?

If you can't enforce your conditions, its useless.

You can't prevent sub-letting from happening; you'll likely only find out about it post the event. If your tenant A has done a bunk; are you really going to track them down & sue for breaking a clause in your lease?

Tenants can avail of rent-a-room; Revenue guidelines are quite clear. You'll find a thread here on exactly this subject from another property owner.

As I've already stated, twice now; property owners must provide either a lease or a rent book.

leglislation will trump every time & rtb will be very unlikely to be helpful with enforcing your cat ban or window cleaning.

don't do social media, can't help you there.
 
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The textbook Landlord and Tenant Law: The Residential Sector, by Una Cassidy and Jennifer Ring, Round Hall, 2nd edition, 2020 is pretty much the bible when it comes to this sort of thing.

At page 132, para 4-49, it states: "However, an obligation imposed on a tenant not to keep pets in the dwelling would be an obligation consistent with the RTA 2004. This is because the RTA 2004 gives tenants no express right to keep pets in a rented dwelling...."
 
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DannyBoyD said:
Tell me how you will do that.
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Do what? Enforce a contractual term?

Same way you would enforce any contractual term in a residential lease.

Are you still arguing that a contractual ban on keeping pets is unenforceable?

You have absolutely no basis for that position.
 
ThisisMax said:
A tenant cannot enter into rent a room without consent of landlord
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This is not true.

If a lease is silent on the topic a tenant can have a licensee. All the tenant has to do legally is inform the landlord in writing.

If the lease prevents other occupants then the landlord can enforce the contractual term up to and including a termination of tenancy.

But there is no blanket legal ban on a tenant having a lodger.
 
Nope.

Subletting and Assignment | Residential Tenancies Board

RTB operates Ireland's National Tenancy Register and resolving disputes between Landlords, tenants and third parties. Governed by residential Tenancies Act 2004. View more information on landlords and tenancies.
www.rtb.ie
Assignment and subletting can only take place wirh consent of landlord. RTB is explicit on this regardless of it being in lease or not. Subletting via rent a room without permission would invalidate insurance and if it happened to me as a landlord I'd immediately inform revenue to say the tenants claim was fraudulent as it did not have my consent.
 
DannyBoyD said:
so on your annual inspection, you find your tenant of five years has a cat.

tell me how you will go about enforcing your no pet rule
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Id say the lease says no pets so you either remove it or I serve notice. I did this a few years ago to a tenant who was 'pet sitting' a cat permanently. I saw it in her window. Agency who found her and dealt with her showed her the lease and said we would issue termination. Cat was gone next day.
 
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