General Tenants Obligations 2024

General Tenants Oblig ations

General Tenants Obligations

The purpose of this document is to provide general information on terms relating to Tenancy Management Issues and Damages to your property during your stay in Ireland. Damages and Deposits Upon termination of your tenancy your Landlord may submit a damage claim. This is an itemised list of damages the Landlord is claiming compensation for. Legally your Landlord can claim compensation for any damage over and above fair wear and tear, with reference to the appropriate clause in your tenancy agreement. Fair wear and tear differ dependent on the country you are residing in; however, fair wear and tear is a result of reasonable use of the premises by the Tenant. For example, a small scuff in the hallway could be classed as fair wear and tear as this area of the home is a high traffic area; but keep in mind that the same size scuff in the bedroom may not be classed as fair wear and tear as this is not a high traffic area. Below is a list of common damages: 1. Picture Hooks 2. Blu Tac / Stickers on walls 3. Stains / Burns on Carpet and Soft Furnishings 4. Cuts on work surfaces 5. Marks to Walls and Woodwork

6. Stains on Furniture 7. Unreported repairs 8. Pet Damage 9. Missing Items 10. Light Bulb Replacement 11. Garden Maintenance 12. Cleaning 13. Health and Safety

Picture Hooks You will find that the majority of tenancies state that you may not hang pictures. However, if agreed some landlords allow conventional picture hooks to be used, which are to be left in place at the end of the tenancy, or they can ask for you to repair the wall and put it back to the condition it was when you moved in. You should check your Tenancy Agreement to understand what is acceptable. An example of a picture hook is shown below. Please ensure these are used as opposed to nails, screws or raw plugs which if used, will constitute damage.

Blu Tac / Stickers / Sellotape or any adhesive products The use of blu tac, stickers etc cannot be justified and will give rise to a claim in damages. They can be troublesome to remove and will normally leave grease or residue marks which necessitates the need for re painting. Do not use any adhesive products for any reason.

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General Tenants Obligations

Stains / Burns on Carpets and Soft Furnishings If during your tenancy you stain your carpet, or any soft furnishing please try your utmost to eradicate the stain immediately. If left for too long it will stain permanently, and your Landlord will be within his rights to claim for a carpet replacement. Another common claim is for iron burns on carpets. Please avoid ironing on your carpet and use an ironing board. Some hints on what to do when you have a stain or spillage: 1. Soak up spillage with absorbent tissue or cloth 2. Remove solids with a blunt knife 3. Add a little COLD water to stain/spillage and sponge off gently, (never use hot water - this can damage fibre and set the stain.) 4. Blot again with tissues/cloth until the spillage is removed + NEVER allow stains to dry out + NEVER over saturate wet stains - this causes them to spread + NEVER rub or scrub soiled area Work Surface Cuts A common claim is the repairing or replacement of work surfaces due to scratches, nicks, gauges etc caused by sharp utensils. In all instances use a chopping board or protective surface when using a knife or any other sharp object. Marks to Walls and Woodwork When moving items to and from rooms please beware of dragging any items against walls or woodwork. Scuff marks are virtually impossible to repair and therefore need repainting or papering which would result in a claim for the full cost of redecoration. Stains on furniture Surfaces stains are extremely difficult to eradicate without sanding and re-polishing or in the worst case replacing. The most common surface stains are ring marks caused by mugs, plates, pots or candle wax. When using any kitchenware please ensure that the appropriate covering is used such as coasters, placemats or tablecloths. Candle wax on surfaces can be avoided by using suitable candle holders or trays (please ensure that these are fire and heat proof). Another claim which is common is burn marks on surfaces normally caused by pots taken off the stove and put down on the kitchen worktops. Please ensure that when taking a pot off the stove that this is placed on either a trivet or an appropriate heat proof mat. Unreported Repairs Any maintenance or repairs needed throughout your tenancy that are classed as Landlord’s maintenance should be reported to your landlord or their Agents in writing and without delay. Any issues that are left unreported will become the Tenant’s responsibility and the Landlord is within their rights to claim against the Tenant for any costs involved over and above the actual repair. For example, a leak that is left unreported may cause further damage such as mould in which case the Tenant would also be responsible for the removal of the mould. Pet Damage Pet damage can be the highest non-negotiable claim. If the landlord has allowed you to bring a pet(s) with you and your pet(s) cause damage, you as a Tenant have a very limited chance of being able to negotiate the repair/ replacement costs.

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General Tenants Obligations

Should your pet(s) cause any damage it would be advisable to arrange and pay for the cost of repair before your departure as opposed to having to pay the Landlord’s costs, the sum of which you will have no control. Should you decide not to repair any damage caused by your pet(s) you will be responsible for the Landlord’s cost of repair. Missing Items Throughout your tenancy it is generally understood that when a plate is broken, or a fork goes missing it is classed as ‘fair wear and tear’. However, anything above this would need to be replaced. Usually, most tenancies will state that you are responsible for replacing any missing or broken items with a ‘like for like’. We would advise that should you break or lose any items that you try and replace these with a similar article, you can check an items brand by checking the underside of the item in question, if the brand is not evident then check your inventory report which may list the brand. For items such as paintings, ornaments, or items of high value it would be advisable to talk to your landlord or their agents about the replacement before you replace the item in question. Light Bulbs As a tenant you are responsible for the replacement of any light bulbs unless there is an electrical fault which would then become the Landlords responsibility. During your tenancy, please ensure that you replace all light bulbs as and when required. Upon departure from your property, you will also be required to replace any light bulbs that are no longer working. Should these not be replaced you will be charged for the replacement of these, and you will probably also be charged for the fitting of these by a handyman. We cannot control these costs. Before replacement, ensure you have purchased the right wattage, using a higher wattage than required could result in an electrical failure. If you are unsure, remove the light bulb in question and take this to a DIY store. Normally you will have one of two light bulbs within your property (Bayonet or Screw Cap shown below). Some properties have spotlights which require specialist bulbs, to replace these remove the bulb and take this to a DIY store. Bayonet Fitting Screw Cap Fitting

Garden This is dependent on the clauses within your tenancy agreement, but generally you will be responsible for the up keep of the garden and keeping it in seasonal order. This will entail, weeding, sweeping, and cleaning of patio or decked areas, maintaining the lawn, clearing up debris or fallen leaves etc. If you insisted an area being pressure washed upon commencement. Please note that you will be responsible for this upon termination.

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General Tenants Obligations

During time of drought or a hose pipe ban you will still be responsible for the watering of all plants and the general up-keep of the garden. We would advise you to ensure you are aware of your gardening responsibilities upon commencement of your tenancy by referring to the Tenant/Landlord obligations within your signed Tenancy Agreement. Cleaning As an occupier, please ensure you understand your responsibilities with regards to the cleaning of home. This includes but, is not limited to the cleaning of; linen, crockery, surfaces, sanitary ware, normal kitchen appliances (such as, kettle, toaster, cooker, fridge) etc. You are responsible for cleaning most items in your home, should you decide to ignore your cleaning responsibilities you may find that you will cause damage to the item which is beyond repair, and you will be held responsible for the replacement of the item. Items that you will need specialist assistance with include but are not limited to: + Windows (where not safely accessible) + Carpets (where specialist instructions need to be adhered to) Please note your Landlord can deduct the costs of professional cleaning of the premises & any damages from the security deposit held by the Landlord Health and Safety It is your responsibility to alert the relevant parties/authorities should there be a health or safety issue within or around your home. This can include but is not limited to; Gas, Electricity or Water issues. Should you suspect a problem with any of these please do not hesitate to raise the alarm with the appropriate authority. It is imperative that the safety of you and others around you is not at risk. Gas Gas is usually a safe and easy way to heat your house, but it can also be potentially dangerous if a leak occurs, or an appliance is faulty. + Leaks Only 1850 205050 + Gas emergency 1850 205050 + If you require a safety check of your natural gas installation phone 1850 797979 If you smell gas or think that you may have a gas leak somewhere then you should call Bord Gais Emergencies line straight away. 1. Open your windows and doors to let air in 2. Make sure all gas appliances are turned off 3. Turn the gas off at the mains if possible 4. Do not turn lights on or off and avoid using other electrical switches and appliances as this could trigger an explosion 5. Do not smoke, light a match or any other naked flame 6. Ensure you and others in the property leave the property and await National Grid 7. If you need to make a call from a mobile phone – go outside the property first 8. Do not try and investigate the problem or attempt to fix a leak or a faulty appliance + Curtains (dependent on the material) + Linen (dependent on the material) + Chimneys (You will have to instruct a professional chimney sweeper)

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General Tenants Obligations

Carbon Monoxide Safety Suspect a Carbon Monoxide Leak? Call Bord Gais

1850 205050

Carbon monoxide poisoning causes a number of accidental deaths every year when gas appliances are installed incorrectly, badly maintained or poorly ventilated. It is so deadly as you cannot see, smell it or taste it. Although carbon monoxide is invisible and difficult to detect, there are ways that you can see whether an appliance (fires, heaters, central heating boilers, water heaters or cookers) may be dangerous. These include: + The pilot light continually blowing out

+ An orange or yellow flame rather than a blue one + A black, brown or scorched area on an appliance + A musty smell or signs of soot + More condensation than normal on windows

To keep your house safe and check for the presence of carbon monoxide you can use a carbon monoxide detector. These detectors Many different alarms are available, but carbon monoxide Ireland recommend that the alarm: + Complies with European Standard EN 50291 - This should be marked on the box + Carries the CE Mark + Has an 'end of life' indicator - This indicator should not be confused with any 'fault' indicator Carries an independent certification mark – For example a kite mark, this indicates that the alarm has been approved by an accredited testing and certification organisation. You should test your detector every month and replace batteries when necessary. Detectors don't last forever so you replace them as recommended by the manufacturer. Don't ever ignore the detector and if you suspect carbon monoxide is present in your home then you should evacuate everyone immediately. Symptoms of carbon monoxide poisoning can include headaches, fatigue, dizziness, nausea, diarrhoea, stomach pains, chest pains and erratic behaviour. A faulty gas appliance can cause these symptoms and you should be wary if the symptoms worsen when a gas appliance is in use and if the symptoms lessen when away from the house but then return when you are back in the property. Electrical Safety Power - cut The first thing you should do in the event of a power cut is check your trip switch, wiring and appliances. If it seems that there is no fault here, then you should call your suppliers emergency number. Electric Ireland emergency number is 1850 372999 What to do during a Power Cut? + Always have candles or a torch in the house to use as emergency lighting, ensure candles are lit safely and never left unattended + Try and stay in one room and wrap up warm + Leave a light switch turned on so you know when the power has been restored + Unplug electrical appliances and keep use of fridges and freezers to a minimum Check that food has not thawed when power is restored

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General Tenants Obligations

Trip Switch Modern electric circuits are fitted with a circuit breaker fuse system. If a fault develops, a switch is tripped. If you have a trip switch, it will be on or near your fuse box, your fuse box will always be near to your electricity meter. You should always locate your trip switch and fuse box when you first move into a property - before an emergency occurs. Your trip switch should have a 'push to test' or a 'reset' button. Switches can trip for several reasons: + An over loaded circuit - too many electrical appliances used at once + A faulty appliance + Over filled kettle + Faulty connections on appliance leads. + Faulty emersion heater If a switch has tripped because of one of these reasons, you should flick it back on and then re plug items one by one. If the switch trips again, you will know that that item is faulty. Electric Shock Most of us take electricity for granted as an easy way to power our homes but we should also be aware of the dangers. Electric shocks can cause anything from a slight discomfort to severe burns to heart failure. Electric shock can be caused by any of the following: + Faulty appliances + Damaged cords or extension leads + An electrical appliance coming in contact with water + Faulty household wiring Water Leaks For help and information on leaks, bursts, burst mains, water pressure and other water or sewerage related problems your water supplier is Irish Water 1890 278 278 If you have a leak or a problem with sewerage call your landlord immediately. Fair Wear & Tear “Reasonable use of the premises by the Tenant and the ordinary operation of natural forces (i.e., the passage of time).” It is not reasonable for a Tenant or Occupant to cause damage to the premises without preventative steps having been taken to avoid further lost to the Landlord. Dilapidated Describes something old and in poor condition: + “The hotel we stayed in was really dilapidated.” + A dilapidated old car/shed Dilapidation The farmhouse fell into a state of dilapidation Compensate To pay someone money in exchange for something that has been lost or damaged or for some inconvenience

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General Tenants Obligations

Fixtures & Fittings Items attached or within the structure of the property Tenant Responsibilities:

+ To pay promptly to the authorities or to whomever they are due. This would include gas, water, electricity, cable television, telephone and *waste charges relating to the property. *in some apartment developments, waste charges are included in the rent. + To include to pay the total cost of any reconnection fee relating to the supply of gas, water, electricity, cable television and telephone if the same is disconnected. + Stamp duty is payable by the tenant on properties over €40,000 per year at 1% plus 12.50 for stamping at revenue. Condensation and Mould – Tenant Advice If damage is caused to a property because of tenants poorly managing condensation, repair and redecoration costs can be changed against tenancy deposits. To avoid this, here is some advice to help make living in the property a more pleasant experience and to limit any changes to tenants. Condensation

Condensation is water that has been released from the air. Air contains water vapor in varying quantities, how much it can hold depends on its temperature. Warm air holds more moisture than cold air. When moist air comes in to contact with either colder air or a colder surface, the water is released to from condensation on the surface. Condensation is generally noticeable where it forms or non absorbent surfaces, such as windows, mirrors, or tiles. However, it can form on any surface, and it may not be noticed until mould growth or rotting of material occurs. The following sections explain further and give ideas on how to minimise the risk of this happening.

Condensation can occur during anytime of the year. Although, as the weather turns colder, condensation and mould can form more easily. Reports of mould tend to significantly increase during the colder months, from October to March. Over warmer months, issues are less common. Conditions In Which Condensation Occurs The effect of moisture generation is made worse by keeping the moist air in the property - it is theoretically possible to avoid condensation by adequate ventilation. Usually in certain areas of a property (such as bathrooms and kitchens) the warm air contains a lot of moisture, if that air then spreads to cooler parts of the property, it will condense on any colder surface. Ventilation is only effective if consistent throughout the whole envelope of the property. Condensation is encouraged by poor air circulation where stagnant air pockets form (behind furniture and in cupboards) and the first evidence is often the appearance of mould growth. Modern lifestyles mean that many houses remain unoccupied and unheated throughout the greater part of the day, allowing the fabric of the building to cool down. The moisture producing activities are then concentrated into relatively short periods (morning and evening) when the structure is relatively cold while the building is still warming up. A combination of heating and ventilation is the main form of control. A change of air is recommended in all rooms in the house, at the very least, once a day. Firstly, however, you should ensure that the amount of moisture in the air is not excessive.

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General Tenants Obligations

There are four main factors that cause condensation: + Too much moisture produced in the home + Lack of ventilation + Cold surfaces + Insufficient temperature control Fact: A 5-person household puts about 10 kg of water into the air every day (1 kg of water equates to about 1 litre)

+ Breathing (asleep) 0.3 kg + Breathing (awake) 0.85 kg + Cooking 3 kg + Personal washing 1.0 kg + Washing and drying clothes 5.5 kg How To Control Condensation: Look at your lifestyle within the building Produce less moisture by: + Covering boiling pans, opening windows, and closing doors when cooking + Air-dry clothes outdoors – NOT inside the property + Make use of the dryer + Wiping up any water puddles lying on windowsills, etc. + Open windows when ironing + Using a dehumidifier can reduce moisture levels Ventilate Your Home By:

+ Ventilating the room to the outside when using the bath or shower – open a window and close the door + Trying to increase the change of air in the premises by opening windows daily for no longer than 30-60 minutes at a time to avoid over-ventilating the property + Positioning furniture so that it’s a little further away from the walls, so the air has a free flow around the room + Refraining from over-filling cupboards to bursting point - again, allow the air to flow + Ensuring trickle vent flaps on windows are open and air vents are unblocked + Ensuring extractor fans are on and in full working condition, in both kitchens and bathrooms Adequately Heat Your Home By: + Ensuring heating is thermostatically controlled whenever possible at a temperature between 18-21C + Make use of any timer facility on your boiler to control heating + Keep the heating on, at a low setting, all day in colder weather. (This is also more economical than blasting the heating for short periods of time!) + Ensuring that the heating is turned up, this is for a minimum of 3 hours. Any less will worsen the problem as the air will absorb more quickly than walls can heat up. Thus, meaning that when heating is turned off, the air will cool quickly causing rapid condensation and cooling walls further Removing Mould Growth: In the unfortunate case that mould might have appeared, here are the steps to take: 1. Wash the affected area with an anti-mould cleaner or non-ammonia soap/detergent, using hot water 2. Rinse and dry the affected area 3. Use an anti-mould disinfectant or diluted bleach once the area has been thoroughly cleaned to ensure that most microorganisms have been killed 4. Any fabrics/clothing/soft furnishings should be put in the washing machine on as high temperature as possible, without damaging the items

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General Tenants Obligations

Temperature Control: Warm air holds more moisture than cooler air which is more likely to deposit droplets of condensation around your home. Air is like a sponge, the warmer it is, the more moisture it will hold. Heating one room to a high level and leaving other rooms cold makes condensation worse in the unheated rooms. That means that it is better to have a medium-to-low level of heat throughout the property. Key Points to Remember to Help Reduce Condensation: + Reduce the amount of moisture you produce + Improve ventilation in your property + Maintain an adequate temperature in the property Guide to Maintenance This is a guide and is what is recommended by Threshold. Threshold are an independent body who provide information on housing and renting in Ireland. A rented property must meet the basic minimum standards. Under Irish law, your landlord is required to maintain the interior and exterior of a property. They should carry out all necessary repairs in “a timely fashion”. There are no legal guidelines as to what should be provided in a rental property, but items provided should be in good working order and fit for the usage. If you encounter a problem with standards or repairs, you cannot withhold the rent as this could put your tenancy at risk. Please see below for further information. Minimum Standards Regulations From 1st July 2017, the standards that private rented property must meet are laid out in The Housing (Standards for Rented Housing) Regulations 2017. If you feel your property is below standard and your landlord is failing to carry out repairs for which they are responsible you can report this for free to your local authority. Your local authority is responsible for the inspection and enforcement of minimum standards. The Minimum Standards Regulations do not specify timeframes within which a landlord must carry out necessary repairs and maintenance to a rented property.

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General Tenants Obligations

Timeframes for Maintenance and Repairs: Emergency: Should be carried out immediately as there is a danger to human life. Examples of emergency repairs are faulty electricity supply or wiring, flooding in the property due to faulty plumbing, tiles falling off the roof. Suggested timeframe for the carrying out of emergency repairs: Emergency repairs should be dealt with immediately. Urgent: These are repairs that need to be carried out quickly to allow the tenant to enjoy their tenancy and to avoid damage to the house. Examples of urgent repairs are broken fridge, cooker, or shower; heating system not

working (particularly in winter), build-up of mould. Suggested timeframe for urgent repairs: 3-5 days.

Routine : These are medium priority repairs, which do not have significant effect on the day to day enjoyment of the tenancy by the tenant. Examples of routine repairs are condensation due to insufficient ventilation; furniture needs to be repaired or replaced. Suggested timeframe for routine repairs: 14 days. The timeframes are suggested by Threshold, they are a charity in Ireland who give advice to people in rented accommodation. Suggested procedure to follow: 1. If repairs are necessary, inform your landlord in writing and give them a chance to address the problem. 2. If your property does not meet minimum standards, you can make a complaint to your local authority, which are responsible for ensuring rented property meets minimums standards. 3. If the landlord does not carry out the necessary repairs in a reasonable timeframe, you can serve your landlord with a written notice of termination on the ground of failure of the landlord to meet their obligations under the Residential Tenancies Act 2004.

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