March 6, 2018
February’s Client Newsletter From Lavelle Solicitors
In the February edition of our client newsletter, we discuss Start-Ups Preparing for Investment Are you involved in a Start-Up ? Do you know what you should consider when...
Landlord and Tenant Solicitors
At Lavelle Partners, we provide legal services to landlords and tenants within Dublin and across Ireland. With over 30 years of experience in this area of law, we have handled almost every conceivable challenge in relation to renting and leasing. Our team of landlord and tenant Solicitors will listen carefully to your requirements, whether you need guidance and advice on this area of law, or you are party to a dispute and require representation and will recommend the legal options available to you.
There are a number of laws which provide rights to tenants, including:
As a private tenant, you are entitled to:
Under Part 4 of the Residential Tenancies Act 2004 and the Planning and Development (Housing) and Residential Tenancies Act 2016, security of tenure affords a tenant the right to remain within the rented property for up to six years, if they have lived there for at least six months and have not been served with a notice of termination (note this will be four years if your tenancy commenced before 24th December 2016).
Before security of tenure applies, a landlord can ask a tenant to leave without giving a reason. It should be noted, however, that if you have a fixed-term tenancy, your landlord cannot seek to remove you at all during the period of the agreement, unless you have breached your terms.
Once security of tenure applies, a landlord can only seek to have the tenancy ended early if the tenant has been in breach of the agreement, the property is unsuitable for the needs of the tenant, the landlord intends to sell their property within 3 months, the landlord requires the property for their own use (or for a close family member), the landlord wishes to change the use type of the property, or they plan to undertake substantial refurbishment.
ADR is a method of seeking to resolve disputes between landlords and tenants which does not involve the Courts, such as mediation or arbitration. Under this process, both parties (landlord and tenant) will voluntary agree to seek a resolution to their dispute. An impartial third-party will listen to the case from both sides and help to find a resolution.
ADR methods are often more effective than traditional formal legal litigation, and can take less time, incurs less cost, and may preserve the ongoing relationship between the parties. It is for these reasons we highly advocate for the use of ADR in even the most complex of landlord and tenant matters.
When you speak to one of our property Solicitors, will take the time to listen to your requirements, and will advise you on your options, and expected costs. At all times, you can be assured we will be open, honest and proactive in assisting you with your matter.
For further information on how we can help you with landlord and tenant matters in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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