Frequently Asked Questions
There always has been a section in Irish residential leases for Tenants to pay the rates for the local services they use. I just hasn’t been used in a long time! The LPT is refunded by the tenant to the landlord annually - 2.r, p.4
On signing this Lease you are now responsible for your Premises electricity charges. Please register within the next 4 days with an electricity supplier. It is important that you bring the meter reading for your apartment when registering with an electricity supplier. Note that should the account not be registered within four  days the supply may be disconnected from your flat by the current supplier. In this case a reconnection fee will be applied by ESB Networks - 2.m, p.3
If your heater stops working (first check it is switched on at the wall) try replacing the fuse in the wall before calling maintenance - 2.i, p.3
The most common reason for heaters to stop working is clothes being left drying on top causing them to overheat and short-out. To figure out how your storage heaters are supposed to work visit WWW.EN.WIKIPEDIA.ORG/WIKI/STORAGE_HEATER and see Basic Controls - 2.i, p.3
In the same way the Landlord cannot increase the rent during the term of a lease, he also cannot reduce the rent before the term. We can’t even approach the Landlord before the renewal date - 2.a, p.3
We’re happy to return your deposit within a reasonable time of move-out from the Premises, after an inspection and the return of all keys as specified in the Second Schedule - 2.t, p.4
We are currently not set up to take welfare allowance.
All bins are communal for use, but each apartment is responsible for the putting out of one bin. Your bin is numbered with your apartment number and the schedule is up in the hall. Green and brown bins are for recycling - 2.w, p.4
The Landlord only supplies from a set range of furniture including beds, tables, chairs, wardrobes and couches. The Landlord never supplies any appliances like kettles, toasters, cutlery etc. – Third Schedule
All rents are due by standing order. If rents are manually received after the 1st day of each calendar month a late fee is automatically applied by our accounting system to the Tenants account as described in section 5.b of this Lease.
In the past across Dublin City low mains water pressure has caused low water pressure. Unfortunately these things happen and are no fault of the Landlord. The Landlord will always have a plumber available to confirm to Tenants whether this is the case or not.
We’re happy to do any maintenance you need, but if the damage is reported by the qualified trade’s man as being caused by the Tenant the bill is sent to the Tenant directly by the maintenance company - 2.gg, p.4
Let us know as soon as maintenance is needed. Raising problems while in arrears is too late - 2.y, p.4
When it is cold outside condensation can form on indoor surfaces. If this is not cleaned or the apartment not ventilated it can build up and cause mould. It is the responsibility of the Tenant to keep vents clear and prevent the build up of condensation. It is a common problem for mould to build up in bathrooms,kitchens and windows if the room is not ventilated properly either by a mechanical vent or by a window - 2.i, p.3
Please don’t bring bikes indoors, they just leave marks on the walls and carpets and these are not treated as normal wear and tear.- 2.s, p.4
Your neighbours must respect you by keeping noise / music levels low especially after 10pm, and you must do the same for them 2.l, p.3
Be vigilant, keep back and front doors closed and report any suspicious activity to the police. Never allow unknown people into the building.
Don’t overload or put metal / heavy items in the washing machines. These break the machines and they take a while to repair and even longer to replace. Report any Tenants that do this - 2.k, p.3
No food down the sinks and no unsuitable items down the toilets - 2.i, p.3
Please report any defects or snags in the Premises within one month of move-in otherwise it will be deemed to have been caused since the Tenant move in - 2.y, p.4
List of charges for extra services available Here
- Find a replacement / transfer apartment – any amendment to your lease
- Reference letter
- Proof of address letter
- Extra copy of lease
- Replacement key
- Replacement fob
- Replacement clicker
No smoking allowed in the Premises. If there is a smell of smoke at the end of the Tenancy the Tenant must repaint the whole Premises - 2.bb, p.4
Viewings of your Premises start 1 week before your move-out date. You still need to give a notice period, even at the end of your term - 2.ee, p.4
So that you know your responsibilities and the Landlord’s responsibilities.
All people that sign the lease are responsible for the Rent.
The tenant is responsible for finding a suitable subtenant if they plan to move out before the end of their 12 month fixed term. This does not extend the fixed term of the lease, it just amends the existing lease. The rent is still potentially liable to change 12 months after the date on the lease, not from when a subtenant signs.
A subtenant doesn't rent a room in an apartment, they are included in the lease for the whole apartment. If one tenant in an apartment misses rent the other tenants are liable. An eviction notice for rent arrears is served to every tenants in an apartment.
That there is a minimum admin charge of €50.00 [in words: fifty Euros] plus VAT for any administration or alterations whatsoever to your lease agreement after the commencement of your tenancy including the amendment of names on a lease to include subtenants (fee €200) sourced by an exiting tenant. In the instance of a subtenant the admin charge covers the administration of reference checking, ID checking, accounting and snag list inspection. It does not cover the additional PRTB charge of €90, billed separately.
To keep a pet on the premises we need to hold a larger deposit and all carpets must be washed at the end of your stay with us.
It is strictly forbidden to install any sort of pre-pay meter in your rented property.
Condensation / Mould Information and Prevention Addendum
We want to maintain a high-quality living environment for our residents. To help achieve this goal, it is important that we work together to minimize any mould growth in your dwelling. This addendum contains important information for you, and responsibilities for both you and us.
Mould is found everywhere in our environment, both indoors and outdoors and in both new and old structures. Moulds are nothing new—they are natural microscopic organisms that reproduce by spores. They have always been with us. Mould spores (like plant pollen) spread through the air and are commonly transported by shoes, clothing etc. Mould can grow inside a dwelling when excess moisture is present so we must take appropriate precautions to prevent its build-up.
Preventing Mould Begins with You
To minimize the potential for mould growth in your dwelling, you must keep your dwelling clean and clear of damp and condensation—particularly at windows, in the kitchen, bathroom, on carpets and floors. Regular cleaning of surfaces under windows and glass doors prevents the build-up of condensation and the associated damp spots that allows mould to develop. Vacuuming and mopping of floors and cleaning of hard surfaces using a household cleaner are all important to remove the household dirt and debris that harbour mould. Throw away mouldy food immediately. It is common for tenants to mistake condensation for external damp but some simple tasks can prevent the accumulation of condensation. Remove visible moisture accumulations on windows, walls, ceilings, floors, and other surfaces as soon as reasonably possible. Look for leaks in washing-machine hoses and discharge lines—especially if the leak is large enough for water to seep into nearby walls. Turn on bathroom extractor fans before showering and in the kitchen before cooking with open pots. When showering, keep the shower curtain inside the bath, or fully close the shower door. Experts also recommend that after a shower or bath you (1) wipe moisture off shower walls, shower doors, the bathtub, and the bathroom floor; (2) leave the bathroom door open until all moisture on the mirrors and bathroom walls and tile surfaces has dissipated; (3) hang up your towels and bath mats so they will completely dry out. Promptly notify us in writing about any ventilation or heating-system problems you discover. It’s also good practice to open windows and internal doors periodically on dry days (i.e. humidity is below 50%) to help dry out humid areas of your premises. Promptly notify us in writing of any signs of water leaks, water infiltration, or mould.
Avoiding Moisture Build-up
To avoid mould growth, it’s important to prevent excess moisture build-up in your dwelling. Failing to promptly attend to leaks and moisture accumulations on dwelling surfaces, for example under windows, can encourage mould growth, especially in places where they might get inside timber, walls or ceilings. Prolonged moisture can come from a wide variety of sources, such as: • rainwater leaking from roofs, windows, doors, and outside walls; • overflows from showers, bathtubs, toilets, sinks, washing machines; • leaks from plumbing lines or fixtures, and leaks into walls from bad or missing grouting or caulking around showers, bathtubs, or sinks; • washing-machine hose leaks, plant-watering overflows, pet urine, cooking spills, drink spills, and steam from excessive open-pot cooking; • leaks from clothes-dryer discharge vents (which can put a lot of moisture into the air); and • insufficient drying of carpets, shower walls, and bathroom floors.
We can’t fix problems in your dwelling unless we know about them
If you fail to comply with this addendum, you can be held responsible for property damage to the dwelling and any health problems that may result.
This clause in the Lease is to stop noise pollution but if a radio is at the same volume as someone in your office having a normal conversation there is no reason not to have one - 11, p.5
The Lease allows for ordinary office use, one computer per desk space / 75 sq.ft and a few chargers etc. Additional equipment like electrical heaters / air conditioners / dehumidifiers / servers / fans etc. are billed separately - 21.e, p.5
Yes a monthly Term means the Rent can go up with just one months notice, but our business relies on happy customers. If Rents ever do increase it is only to the current market rate and stays competitive. We want you to stay with us! - 6, p.5
All Rents are due by standing order on the 1st of each month. If Rents are received after the 1st day of each calendar month a late fee is automatically applied by our accounting system to the Tenant's account - 3.g, p.4
We’re happy to do any maintenance you need, but if the damage is reported by the qualified tradesman as being caused by the Tenant, the bill is sent to the Tenant directly by the contractor -18, p.5
Be vigilant, keep back and front doors closed and report any suspicious activity to the onsite manager or the Gardaí. Never allow unknown people into the building.
Read the Lease before signing it so that you know both your responsibilities and the Landlord's responsibilities.
All internet connections have some down-time so we encourage heavily internet reliant companies to think about getting their own primary supply.
We don’t supply data cables, printer cables etc.
The Safety, Health and Welfare at Work (General Application) Regulations 2007 allow for a minimum office temperature of 17.5 degrees. Surcharges apply for extra heating from additional heaters. If you suspect the temperature is too low our staff have thermometers onsite. There are surcharges for additional heating so our advice is wear a jumper!
What are my rights? Workplace regulations
I Have a question about my health and my working conditions. Is it legal for an employer to expect employees to work in a shop – a normal city centre retailer – with the door open when it’s below freezing outside?
On these days it’s really cold in the shop as the heating system doesn’t work properly and I’ve lost count of the amount of colds I’ve had this winter.
ANSWER: This year saw the coldest start to winter on record and employers have an obligation to provide employees with a safe and comfortable workplace at all times.
Under Irish health and safety legislation the range of temperature that is considered acceptable for indoor workers goes from 16°C to 17.5°C.
The differences in temperatures are down to the different classifications of indoor work.
The Safety, Health and Welfare at Work (General Application) Regulations 2007 covers the issue of minimum temperatures in the workplace.
There are pretty severe sanctions if employers breach the welfare at work regulations. If there’s a breach of these it means your boss is committing an offence under the 2005 Act, and could be liable on summary conviction to a fine not exceeding €3,000 and/or up to six months’ imprisonment.
Alternatively, if convicted on indictment, an employer could be liable to a fine of up to €3m and/or imprisonment for up to two years.
You write about unacceptably cold conditions in your workplace. The relevant section that will help you is Regulation 7 of the 2007 Regulations.
Regulation 7 imposes a duty on employers to ensure that during working hours the room temperature in areas containing workstations is appropriate for people, having regard to the working methods being used and the physical demands on the employees.
If the office work is stationary, employers must ensure that a minimum temperature of 17.5°C is achieved and maintained at every workstation after the first hour’s work.
For other sedentary work, an employer must ensure that at every work station where a substantial proportion of the work does not involve serious physical effort, a minimum temperature of 16°C is, so far as is reasonably practicable,maintained after the first hour’s work.
Under the law your employer even has to provide a thermometer to measure the work place temperature! Workers are entitled to have some means available to measure the temperature in any workplace inside a building.
The Health and Safety Authority Guide to the 2007 Regulations (the HSA Guide) states that in cases where it is difficult to maintain an adequate overall temperature, it may be necessary to provide extra heating or protective clothing at workstations.
Health and Safety Authority inspectors carry out around 16,000 inspections a year and have the power to enter any premises that is being used as a workplace and ensure employers are compliant with health, safety and welfare legislation.
Mary Kirwan is a barrister. Email her your queries at MKIRWAN@INDEPENDENT.IE