Donal P Quinn & Co., Solicitors...

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Property Law

We have extensive experience in the area of residential and commercial conveyancing. Whether you wish to buy, sell or re-mortgage your property we will work diligently on your behalf to provide a reliable and cost-efficient service for you.

Each matter is different and time frames will vary to complete transactions but we will keep you informed at all stages. We can advise you from the outset to completion on all aspects of the transaction including mortgages, insurance, planning permission and stamp duty.

Residential Conveyancing

We have extensive experience in the area of residential conveyancing. Whether you wish to buy, sell or re-mortgage your property we will work diligently on your behalf to provide a reliable and cost-efficient service for you. Each matter is different and time frames will vary to complete transactions but we will keep you informed at all stages. We can advise you from the outset to completion on all aspects of the transaction including mortgages, insurance, planning permission and stamp duty.

Commercial Conveyancing

We have extensive experience in the area of commercial conveyancing. Whether you wish to buy, sell or re-mortgage your property we will work diligently on your behalf to provide a reliable and cost-efficient service for you. Each matter is different and time frames will vary to complete transactions but we will keep you informed at all stages. We can advise you from the outset to completion on all aspects of the transaction including mortgages, insurance, planning permission and stamp duty.

Landlord and Tenant

The Landlord and Tenant Act 2010 has reformed and consolidated the existing landlord and tenant legislation relating to business tenancies. Certain provisions are in effect, similar to the provisions of the UK Landlord and Tenant Act 1988. Previously, delays by landlords in consenting to an assignment of a lease have caused major difficulties.

The Act provides that if a landlord unduly delays in giving consent the Tenant can seek damages as a remedy. A landlord has a period of 21 days to consent or refuse to consent (such consent not to be unreasonably withheld). The period can be extended and the foregoing assumes that the tenant supplies the landlord with the necessary documentation. The Landlord and Tenant Act for the most part does not apply to residential tenancies, agricultural tenancies and ground rents.

Most residential tenancies are governed by the Residential Tenancies Act 2004. The Act provides that subject to certain conditions being met, the landlord is obliged to (a) permit the tenant to have peaceful and quiet possession of the property (b) carry out all repairs to the structure as are necessary to comply with any standards for houses that have been prescribed from time to time under Section 18 of the Housing (Miscellaneous Provisions) Act 1992 (c) to maintain the interior and replace such fittings in order to maintain the property in the condition it was in at the time of the lease and (d) comply with any standards that are prescribed from time to time. However, the tenant is liable for any damage that goes beyond normal wear and tear. Rent must not be greater than the open market rent and may be reviewed upwards or downwards. Landlords must return deposits promptly unless rent is due or there is damage beyond normal wear and tear. Where the tenant has carried out repairs which were the responsibility of the landlord, then the tenant must be reimbursed for the cost of same. It is incumbent upon the landlord to register with the Residential Tenancies Board (RTB). The 2004 Act specifies the rights of each party regarding new tenancies, dispute resolution and penalties for non-compliance.

The Residential Tenancies (Amendment) Act 2021 (the 2021 Amendment Act) was signed into law on 11 December 2021. All of this Act apart from sections 5, 6 and 7, came into force on that day.

The key changes in the 2021 Amendment Act relate to:

  1. Rent setting in Rent Pressure Zones (RPZs) – From 11 December, when setting the rent at the start of a tenancy in an RPZ or when carrying out a rent review in an RPZ, rent increases are capped at 2% per year on a pro rata basis, where HICP inflation is higher.
  2. Tenancies of unlimited duration – all new tenancies created on or after 11 June 2022 will become tenancies of unlimited duration once the tenancy has lasted more than six months and no notice of termination has been validly served on the tenant. A landlord will still have the right to terminate a tenancy on the specific grounds provided in the Residential Tenancies Act 2004 (as amended) (RTA 2004). Transitional measures are provided in the 2021 Amendment Act in relation to the conversion of existing tenancies to tenancies of unlimited duration over time.
  3. Temporary registration fee waiver – from a date to be decided in Q1 2022, all tenancies will be required to be registered annually with the Residential Tenancies Board (RTB). There will be temporary fee waivers for certain tenancies.
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Donal P Quinn & Co.

Unit 1 Glenroyal Centre,
Straffan Road,
Maynooth,
Co. Kildare.

Eircode: W23 F2R9
DX 98001 Maynooth

Telephone: 01 444 7434
E-mail: info@accidentlawyers.ie

GOOGLE MAPS

 

Directions to our office

Travelling from Dublin, take the N4 & follow signs for Sligo / Westport / Galway / N5 / N6. At junction 7, take the R406 exit to Maynooth / Naas. At Straffan Rd Roundabout, take the 4th exit onto Straffan Rd/R406 and turn right.

 

And continue straight for approximately 1.2km and when you see Glenroyal Hotel on the right hand side, take the right at the traffic lights.

 
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