Leasing Private Accommodation FAQs
Leasing Frequently Asked Questions (FAQ'S)
1. What types of properties are required?
Generally, one, two and three bedroom houses and apartments are required. A limited number of four bedroom houses are required. Bed-sits will not be considered.
2. What if I want my property back before the end of the lease term?
Under the long term lease arrangement, the lease term will be for a minimum of 10 years. Break clauses after 5 years can be negotiated as part of the lease agreement.
3. Can I sell the property during the term?
Under the long term leasing arrangement the property can be sold by the property owner during the term, on the condition that the lease agreement is transferred to the new owner and the local authority is notified in advance and is in agreement.
Under the Availability Arrangements, in most cases the contract will provide that the terms of the 2004 Residential Tenancies Act (RTA) will apply. The RTA allows a landlord to terminate a tenancy if he/she is intending to sell the property and there is no fixed term tenancy in place.
4. What happens if the tenant engages in anti-social behaviour?
Under the long term leasing arrangements the local authority will be the landlord to the tenants and will have the responsibility to deal with anti-social behaviour issues.
Under the Availability Arrangements, responsibility for dealing with antisocial behaviour remains with the property owner who is the landlord.
However, the local authority will cooperate with and assist the property owner in addressing these issues should they arise.
5. What happens if the tenant damages the property?
Under the long term leasing arrangements the property will be returned to the property owner at the end of the term in good repair order and condition, save for fair wear and tear. The local authority will be responsible for internal maintenance and repairs during the term of the lease.
Where the property owner retains landlord responsibility under the rental arrangements, maintenance and repair will be a matter for them.
Where damage is caused to the property, which is above routine wear and tear, the local authority may be willing to guarantee the equivalent of up to one month’s rent towards the cost of repair/replacement, subject to negotiation with the owner.
6. Can I transfer my existing rent supplement tenant to these new arrangements?
Landlords with existing SWA rent supplement tenants can contact the local authority to discuss the option to avail of the rental arrangements under the Rental Accommodation Scheme.
Contact details are included with this information brochure and are also available online at www.housing.ie/leasing
7. How can I find out if my property is suitable and meets the required standard?
You can contact your local authority or an approved housing body directly and discuss the suitability of your property for long or shorter term lease/rental arrangements.
8. How is current market rent decided?
The local authority will discuss the market rent in the area directly with you at an early stage of the process. Local authorities have good operational knowledge of local rents from their experience operating the Rental Accommodation Scheme.
Some local authorities will engage a valuer to determine rents in an area. The rent review mechanism will be set out in the terms of the agreement negotiated between the parties. This will be either by way of market rent valuation or a linkage to the Consumer Price Index (CPI) rental index.
9. Are the lease payments liable for VAT?
Where the property owner chooses to charge VAT on the transaction (rent/ lease payment), the negotiated rent/ lease payment will be deemed to include VAT at the appropriate rate.