Landlord & Tenant
Whether you want to have a Residential or Commercial lease drafted, we at Gaffney Halligan & Co Solicitors can offer you a service which incorporates all the latest changes in legislation in these areas of the law, thus helping you to avoid problems in the event of a defaulting tenant. There have been some very major changes in legislation affecting landlords with particular reference to Residential Tenancies. These radical changes were introduced under the terms of the Residential Tenancies Act 2004. This is a very important piece of legislation setting up a Residential Tenancies board whose job it is to oversee the implementation of all these changes.
Primarily, Landlords must now register all residential tenancies with the Board for a fee, and both Landlord and Tenant are issued with a reference number. Failure to register can lead to a substantial fine. Any residential lease for a period of one year gives the tenant the right to continue in occupation for a period of up to 4 years from the date of his/her initial commencement of occupancy. This then becomes know as a Part Four Tenancy. The tenancy can now only be terminated in certain circumstances such as a default on the part of the tenant or the Landlord requiring the premises for his or her own use or that of his or her family. In addition, if the landlord wishes to sell the property then, the tenancy may be terminated but, proof of sale must be produced within 3 months from the date of termination in the form of a binding contract if the Landlord is to avoid a fine. All disputes between Landlord and Tenant must now be directed to the Residential Tenancies Board.
It is extremely important for landlords to seek advice in the event of trying to deal with a difficult tenant or in the event of a landlord wishing to reclaim a property in order to avoid hefty fines.