General Information
Considering renting a property?
If you are considering renting a property for the first time
in Wexford, or simply wish to find new rented accommodation,
we aim to make the process as easy, quick and painless for
you as possible. The great advantage of coming through an
agency like ourselves is the huge choice and high standard
of accommodation for you to choose from.
We have high standards:
Before we take a property on our books, there are certain
minimum standards that we insist on such as adequate heating
systems, essential good quality furnishings (unless the property
is being advertised unfurnished), solid damp proofed walls
and ceilings and so on.
To this end, we have recently introduced a grading system
for all properties on our books ranging from 1 to 5 star.
Our policy is not to take on a property unless we can grade
it at least 3 star or better. We want you to enjoy living
in the property, and to feel you are getting value for your
hard earned rental payments!
Flexible leases:
All of our properties have a minimum 6 month rental period.
However beyond that, leases can usually be quite flexible,
depending on your requirements. For example, many of our tenants
may be in the process of buying or building their own property,
so they might need say a 7 or 8 month lease, or go on a month
to month basis after the initial 6 months is up.
This is not normally a problem once the required one month's
notice of a tenants intention to quit the property is given
prior to vacating the property. This will give us enough time
to fill the property again so that there is no gap between
tenancies.
However please note that if a tenant vacates a property prior
to the expiration of a fixed term lease, the landlord will
be entitled to with hold the full security deposit as compensation
for breach of contract, and may pursue the tenant for the
remainder of the rent due from the date the property was vacated
to the lease expiry date through the Private Residential Tenancies
Board. Please keep this in mind before signing the lease agreement.
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Check out our property listings:
You can also check out our Current Property Listings Online
»
If you would like to view any of these properties now, please
contact us on 053 - 21525 or e-mail us at info@wexfordpropertymanagement.com
. We would be happy to arrange immediate viewings for you.
These listings are updated on a weekly basis, so every property
appearing on it is currently available.
However, as most properties on our listings are filled within
a 1 to 2 week period, it would be advisable to wait until
you are ready to move in before you view. Properties can not
normally be held for more than 10 days. But don't worry about
"missing the boat". We always have a large selection
of good quality properties on our books throughout the year.
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Tenancy Application Requirements:
Once you have chosen a particular property from our list,
please note that we will require the following items from
you in order for a tenancy to commence:
01) Two written references. The most acceptable are from
a previous landlord, from your employer or from your bank
or building society. You may also be required to furnish a
guarantee in respect of your obligations under the lease agreement.
N.B. We will also require proof of identification, i.e. passport,
drivers licence, etc.
02) In order to transfer the E.S.B. account into your name,
we require a recent E.S.B. bill in your name. Failing this
we will require a refundable deposit of eur150.00, a guarantor,
or your current account bank details for E.S.B. standing order
payments.
03) All other utilities, gas, landline etc., must also be
transferred into your name before your tenancy commences.
Where oil central heating is installed, it is the responsibility
of the tenant to co-ordinate the oil supply and not the landlord
or letting agent.
Please note that possession will not be delivered nor keys
handed out until all utility accounts have been transferred
04) Depending on the particular landlord's requirements we
may need your current account bank details to set up a standing
order for rent payments. Otherwise the rent will be payable
directly to Wexford Property Management by cash or cheque
on a weekly/monthly basis.
05) In the case of weekly rent payments, we will require
a security deposit of 4 weeks rent plus 1 weeks rent in advance.
06) In the case of monthly rent payments, we will require
a security deposit on 1 months rent plus 1 months rent in
advance.
07) All tenants must sign a Letting Agreement prior to collecting
keys to the property and being granted possession.
08) In accordance with the Residential Tenancies Act 2004,
we will require your P.P.S. number in order to register the
tenancy with the Private Residential Tenancies Board , which
is now a legal requirement.
09) Where tenants are in receipt of social welfare payments,
a written note is required from social welfare offices authorising
deposits and weekly payments. This note must specify the amount
and the place at which payments are to be made. Tenants are
responsible for any shortfall in the deposit and rent-in-advance,
and must also pay the balance of the weekly rent due.
10) The property is handed over in good order. Any unnessary
callouts will be charged to the tenant.
11) Any genuine faults or problems with the property should
be reported to this office as soon as they are noticed. We
will then arrange for a tradesman to call any carry out the
necessary repairs. These costs will be paid by your landlord.
However, if the faults or problems have resulted from the
abuse or neglect of the tenant, they will be charged the full
cost of repairs.
12) Tenants are prohibited from painting, wallpapering, putting
up borders or hooks, or making any structural changes to the
property. Without prejudice to the landlord's other rights,
deposits will be with held in respect of any damage.
13) Tenants must remain in occupation and continue to discharge
their rental liability for the full duration of the term of
the Letting Agreement.
N.B.: Deposits will not be returned if you terminate the
Letting Agreement prior to the expiry date, and the landlord
reserves the right to pursue a tenant for unpaid rent for
the remainder of the term of the Letting Agreement, together
with the costs of repairing any damage caused to the property
during the tenancy through the Private Residential Tenancies
Board
13) We strongly recommend that you take out an insurance
policy to cover your own personal belongings in the property.
The landlord's insurance policy will normally only cover the
building and their contents.
12) You may secure a particular property for up to 10 days
by paying a holding deposit of 1 weeks rent. This payment
forms part of your overall deposit and is not an extra payment.
However should you subsequently decide not to proceed with
the tenancy, you will forfeit this amount.
N.B.: PLEASE NOTE THAT OUR MINIMUM LETTING PERIOD IS 6 MONTH
UNLESS OTHERWISE AGREED BY THE LANDLORD ______________________________________________________________________________________
Reasons for Deposit Reduction:
1) Excessive Cleaning
If excessive cleaning of the premises is necessary at the
end of the tenancy there will be a minimum reduction of eur70.00
to cover the cost of employing professional cleaners. The
cupboards and rooms should be empty of all foodstuffs and
personal belongings.
The areas to pay special attention to are:
- Sink Units
- Cooker
- Oven
- Fridge
- Bath
- Shower
2) Burn Damage
The most common causes are the careless use of tobacco products
or placing furniture too close to the fire. In the case of
burn damage the deduction may be as much as a new carpet or
suite.
3) Re-Painting
Reasonable wear and tear is taken into account, however, if
the walls are so severely marked the cost of paint and application
will be deducted.
4) Breaking of Contract
Minimum notice of one month is a statutory requirement and
also a requirement under the terms and conditions of the letting
agreement. Leaving before contract term expires will result
in the full loss of deposit plus any of the above reasons
for deduction.
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TENANTS RIGHTS AND OBLIGATIONS
The purpose of the following information is to inform tenants
of their rights under legislation and to make them aware of
their obligations. This information is a general guide only
and not an interpretation of the law or a summary of all relevant
provisions.
TENANTS OBLIGATIONS:
Certain minimum obligations are laid out in the Residential
Tenancies Act 2004. There may be other obligations arising
from other legislation and any letting agreement entered into
between the landlord and tenant. Failure to comply with any
of these obligations could result in the termination of the
tenancy.
Under the Residential Tenancies Act 2004 tenants must:
. Pay the rent and any other charges due on time.
. Ensure no act or omission causes the landlord to be in
breach of the law (including the provisions of the Housing
(Standards for Rented Houses) Regulations 1993).
. Notify the landlord or landlords agent of any repairs required
and allow access for repairs to be carried out and (by appointment)
for routine inspections.
. Not do anything to cause the dwelling to deteriorate beyond
normal wear and tear, and if this happens, make good such
damage.
. Not engage in or allow anti-social behaviuor or act in
a way that would invalidate the landlords insurance.
. Not assign, sub-let, alter, improve or change the use of
the dwelling without the landlord's written consent (see notes
on assignment and sub-letting below).
. Keep the landlord or landlords agent informed of the identity
of the occupants ordinarily resident in the dwelling.
. Notify the landlord or landlords agent before the last
month of a fixed term tenancy of the intention to avail of
the protection afforded by Part 4 of the Act (i.e. to remain
in the tenancy for a period of up to 4 years).
. Provide the landlord with the information required so as
to register the tenancy with the Private Residential Tenancies
Board (P.R.T.B.)
Regulations made under the Housing (Miscellaneous Provisions)
Act 1992 also oblige the tenant to make the rent book or other
similar document available to the landlord.
Anti-social behaviour is defined as behaviour that constitutes
the commission of an offence, causes danger, injury, damage
or loss, or includes violence, intimidation, coercion, harassment,
obstruction, or threats. It also includes persistant behaviour
that prevents or interferes with the peaceful occupation of
neighbouring dwellings by others in the building or its vicinity.
Landlords and tenants are prohibited from changing these
basic landlord and tenant obligations. Additional obligations
can be imposed on either landlords or tenants but only in
so far as they are consistent with the Residential Tenancies
Act 2004.
TENANTS RIGHTS:
Tenants also have certain legal rights in relation to their
tenancy. These include the right to:
. Peaceful and exclusive occupation of the dwelling.
. Particulars of the means to contact the landlord or landlords
agent at all reasonable times.
. Reimbursement for reasonable expenditure on any repairs
carried out by them for which the landlord was responsible.
. Prompt return of deposit subject to deduction in respect
of any arrears in rent or excessive wear and tear on the dwelling.
. Refer a dispute to the Private Residential Tenancies Board
relating to the tenancy and not be penalised by the landlord
for doing so.
. Request a copy of any register entry relating to their
tenancy and to require the P.R.T.B. to confirm the registration
particulars contained in the application to register their
tenancy.
Have complaints referred to and considered by any apartment
complex management company and obtain details of any management
company charges.
In addition, the Residential Tenancies Act 2004 provides
for a number of other rights and protections:
MARKET RENTS:
The maximum rent payable by a tenant may not be greater than
the open market rent, which is defined as the rent that a
willing tenant would give and a willing landlord would take
for vacant possession having regard to the tenancy terms and
the letting values of dwellings of a similar size, type and
character and located in a similar area.
RENT REVIEWS:
After each 12 months of a tenancy, tenants, as well as landlords,
can seek a rent review. Reviews can take place no more frequently
than once a year unless there has been a substantial change
in the nature of the accommodation in the interim.
Tenants can seek a rent review even where no provision for
this is made in any tenancy agreement. Tenants must be notified
in writing of the new rent at least 28 days before it is to
take effect. Tenants who consider that the new rent is above
the going market rate can refer the matter to the P.R.T.B.
before it is due to take effect or within 28 days from the
receipt of the notice, whichever is the later.
SECURITY OF TENURE:
Tenants can acquire security of tenure on the basis of 4
year cycles whereby tenancies will be deemed terminated at
the end of each 4 year period and a new tenancy will come
into being, even where the dwelling continues to be let to
the same tenant(s).
For the first 6 months of each 4 year tenancy cycle, the
landlord will be free to terminate without giving a reason.
For the following 3.5 years, termination of the tenancy by
the landlord will only be possible where one of the grounds
specified in section 34 of the Residential Tenancies Act 2004
applies. These include matters such as breach of tenancy obligations,
sale, change of use or major refurbishment of the dwelling
(For further information please refer to the P.R.T.B. website
www.prtb.ie ).
The first cycle of a tenancy that has qualified for the statutory
protection is called a "Part 4 Tenancy". Each subsequent
one is called a "further Part 4 Tenancy" and comes
into being on the expiry of the 4 year period unless a termination
notice has been validly served. The terms of each successive
Part 4 tenancy remain the same as the first unless varied
by agreement between the parties. Landlords and tenants are
prohibited from entering into a contract that changes the
provisions contained in Part 4 of the Act unless to give the
tenant greater security of tenure.
A tenant is free to terminate the tenancy at any time, subject
to any fixed term agreement and giving the correct amount
of notice.
The security of tenure protection afforded by Part 4 of the
Act does not apply in certain limited circumstances. Where
a rented unit is part of a property that was sub-divided and
the landlord lives in the remainder of the property, the landlord
can opt out of the Act. A landlord is required to give written
notice of this opt out to the tenant before the tenancy is
entered into. Also, Part 4 does not apply to employment related
and 'section 50' student accommodation.
Protection of sub-tenancies created out of Part 4 Tenancies:
What is a sub-tenancy?
A sub-tenancy usually arises where the tenany does not wish
to occupy the tenancy for the entire term and lets the property
to another person. The tenant in these circumstances is referred
to as the head-tenant and the party allowed into occupation
is the sub-tenant. The head-tenant will generally remain legally
liable for the payment of the rent to the landlord, whether
or not the head-tenant receives this from the sub-tenant.
N.B.: The tenant can only create a sub-tenancy with the landlord's
written consent, which can be refused for no stated reason.
Where a landlord refuses consent to sub-let a fixed term tenancy,
the tenant may terminate the tenancy before the expiry of
the fixed term.
What rights and protections do sub-tenants have?
If the tenant sub-lets, then the sub-tenants rights and obligations
are the same as the original tenany. The sub-tenant inherits
the balance of the head-tenant's Part 4 Tenancy. In general,
the head-tenant has entered a landlord-tenant relationship
with the sub-tenant and the standard rights and obligations
applying to landlords and tenants apply.
How is a sub-tenancy terminated?
The head-tenant may terminate a sub-tenancy in the same way
as any other landlord and the sub-tenant may terminate a tenancy
in the same way as any other tenant.
The landlord may also terminate the sub-tenancy. In this
instance the landlord is required to serve a notice of termination
on the head-tenant. That notice must include a specific requirement
to terminate the sub-tenancy. The landlord must serve a copy
of the notice on the sub-tenant.
A landlord may terminate a tenancy without terminating the
sub-tenancy. On receipt of a termination notice indicating
that the termination of the sub-tenancy is not required, the
head-tenant is obliged to inform the sub-tenant within 28
days of the details of the termination notice. Where a head-tenancy
but not the sub-tenancy is terminated, the sub-tenant then
becomes the direct tenant of the landlord and the Part 4 Tenancy
continues.
Where the head-tenant refers a dispute as to the validity
of a termination notice to the P.R.T.B.'s dispute resolution
service, the head-tenant must notify the sub-tenant of that
referral and the sub-tenant may join in the dispute.
What is the position where a tenancy is assigned?
An assignment arises where the tenant does not wish to occupy
the tenancy for the entire term and transfers the tenancy
to another person who becomes the tenant of the landlord and
the original tenant has no further involvement in the tenancy.
Assignments require the landlord's consent and effectively
involve the creation of a new tenancy. Therefore, the assignee
tenant does not inherit the previous tenant's Part 4 tenancy
and commences their own 6 month qualifying period. |
