Terms & Conditions
By accessing and/or using the Able Property Services Web Site (“this web site”), you agree to be bound by the terms and conditions set out below. Please take the time to read the terms and conditions carefully. If you have any questions about them please email us at firstname.lastname@example.org.
These Terms and Conditions of Business are between Able Property Services and/or any subsidiaries, associates or separate names hereinafter called the “Agent” and the “Client”, and are deemed to be accepted by the Client.
The Client agrees:
- If requested, to present to the Agent proof of ownership of property. Utility Bills, a Solicitor’s Letter and Insurance Documents are acceptable forms of documents prior to any agreed Tenancy agreement being signed. It is imperative that the Client / Owner entering into the tenancy agreement, or the person signing on behalf of that party, has the legal right to do so. Proof of such authority from Building Societies, Banks, Freeholders, Mortgages, Head Lessees, Insurance Companies etc may be required by the Agent, Tenant or his solicitor before agreeing to enter into a tenancy agreement.
- Letting fees are generally deducted from the first month’s rent paid in advance. Any balance due to Able Property Services must be paid within 14 days of the date of the relevant invoice from the Agent.
- The fee payable to the Agent by the Client for the introduction of any tenant, or for property management, is calculated as a percentage of the gross annual rental income. VAT at applicable rates currently in force will be charged in addition to the fee. Standards adverts are charged at €30 and Premium adverts at €75, inclusive of VAT. In the event of any tenant vacating a property prior to termination of any lease agreement, or in the event of any breach of any lease agreement, the Agent will not be held liable for any damages / loss of rent.
- Where necessary, all works of repair should be completed by the Client prior to commencement of tenancy. It is the Client’s obligation to maintain the aforementioned property throughout the term of the tenancy, subject to any term to the contrary in the management agreement mutually agreed between both parties. The Client should attend to any internal or external decoration, necessary prior to the commencement of the tenancy. It is the Client’s responsibility to ensure that the property is handed over in a clean and tidy condition prior to the commencement of the tenancy, in order to create a standard for the tenants. We strongly recommend that the property is professionally cleaned throughout, including carpets, at the start of every tenancy.
- It is the Client’s responsibility to have all gas appliances, including the central heating system, checked and serviced at intervals of no more than one year. It is essential that operating manuals for all appliances are provided by the Client for tenants’ use.
- Where applicable, the Client should ensure that the garden is in good condition, with all lawns cut, the flowerbeds tidy and any trees pruned. If it is the Client’s intention to keep the garden maintained during the term of the tenancy, then appropriate arrangements should be made with a suitable gardener. If the Client stipulates that the tenant maintain the garden, then adequate tools should be provided for this purpose.
- The Agent shall not be liable to the Client under, or in connection with, this agreement for any indirect or consequential loss or damage, or any loss of, or damage to, profit, revenue, savings, use, contract, goodwill or business, in each case howsoever caused, including without limitation by reason of misrepresentation (whether made prior to or in this agreement), negligence, other tort, breach of contract or breach of statutory duty.
- No variation can be made to these terms without the written consent of Able Property Services.
- We reserve the right to charge interest on all overdue debts at the rate of 2% per month, or part of a month.
- The tenant will be required to pay over a security deposit (usually one calendar month’s rent) against damages and dilapidations at the start of the tenancy. The Client normally holds the deposit in a designated deposit account and returns the deposit to the outgoing tenant when they vacate. If the client has to deduct the cost of any damages or repairs, they must be fully supported by relevant documentation and this is a matter between the client and tenant, the agent is not responsible for the deposit return (unless agreed in advance with the client) and will not enter into any disputes in regard to it. If the extent of the damages are such that estimates have to be obtained or replacement items purchased, then the responsibility for arranging such estimates rests with the Client. The Agent will not attend to such matters on behalf of the Client unless otherwise agreed in advance.
- Able Property Services will, if required, prepare the tenancy agreement. This Agreement is in the form prepared and approved by the Dublin Solicitors Bar Association for use in short-term residential lettings. No variations or additions have been made to the general letting provisions, save those which appear in the special letting provisions and will cover most eventualities, but we suggest that the Client’s own solicitor be given the opportunity to peruse the agreement, as neither the Agent nor their solicitor can take any responsibility whatsoever in relation to the use of the agreement in any particular case. We must stress that the tenancy agreement is a binding agreement between the Client and the tenant.
- We are prepared to forward any post, which is either passed to us or found by us at the property, if required. All postage / administration costs will be passed onto the Client.
- It is vital that the Agent is informed as to whether the Client is an Owner Occupier or Residential Client within the definition of the Residential Tenancies Act 2004, or whether the Client holds the property as an investment.
- It is customary practice for the Inventory to be prepared by the Client. We strongly recommend that an Inventory be carried out regardless of whether the property is unfurnished, in order to avoid any possible disputes over the deposit (ie if no inventory were carried out and the Client wished to make deductions from the tenants’ deposit after they vacated, the Private Residential Tenancies Board (www.prtb.ie) / courts would be likely to favour the tenant, due to the Client not providing an Inventory).
- The Client is obliged under the terms of the tenancy agreement to ensure that necessary repairs are carried out. Should he fail to meet this obligation, with the result that the tenant withholds all or part of the rent, we reserve the right to instruct contractors at our discretion and deduct any costs incurred from the rents received.
- In the event of a property being sold or passed on with the benefit of a tenancy, our fees will remain due and payable by the original Client for the duration of the tenancy, and for any extensions or renewals thereof, regardless of whether the Agent has carried out negotiations.
- It is essential that the Client obtain the necessary consents where applicable from the Head Lessor, Mortgagees etc. Where possible, consents should be applied for, prior to finding a tenant – to avoid delays in granting the tenancy.
- It is the Client’s responsibility to insure the property and his contents for the full period of the tenancy, or any extension thereof, and for any period during which the property may be vacant. We strongly recommend home contents insurance is obtained, even if the property is unfurnished, in order to protect carpets, curtains etc from any damage. We strongly recommend that the Client informs his insurer that the property is being let as non-disclosure may invalid any policy. The Agent has no liability for any loss suffered.
- All utility accounts, namely telephone, gas, electricity and waste, should be paid to the date that the tenancy agreement comes into force.
- The Agent will provide efficient and trustworthy plumbers, electricians, maintenance etc which we will use unless otherwise instructed by the Client. The Agent will not be held libel for any damages caused by any negligence on behalf of our contractors. Any claims against poor workmanship shall be made against the relevant contractor. Details of all relevant contractors can be provided upon request. The Client is responsible for ensuring that safety rules are complied with – in particular that all electrical appliances must be safe for use. Other legislation covers electrical installations, and the safest way of avoiding prosecution for breach of one of the many regulations is to ensure that everything in the rented property is regularly checked and serviced.
- The Client must ensure that their property complies with all fire safety regulations including the provision of fire extinguishers, fire blankets and a minimum of two ten year smoke alarms.
- Where a house is divided into flats, the Client retains control and occupation of all the common ways and must ensure that all parts of the building in common use are maintained in good repair and decoration, are clean and in good order. All staircases, corridors etc must be kept free of obstruction and kept safe. There must be full fire precautions and means of escape in case of fire. If there are any shared kitchens, toilets, bathrooms or showers, these must be kept in proper working order, clean and properly lit.
- The Client is responsible for a gas safety check, which should be carried out prior to any Tenant moving into a property.
- The letting service will be as outlined in our website. When an applicant wishes to proceed, we will notify the Client accordingly. If the applicant’s offer is accepted, we will apply for references (normally landlord, employer, photo I.D., bank statement). Able Property Services will verbally check all references provided.
- Our management service is in addition to our letting service, and is detailed on our website. Property inspections are carried out at the beginning of any tenancy and at the termination of any tenancy. The Client will only receive a report on inspection if there is anything untoward to declare. When managing a property, it is vital that the Client supplies us with a full set of keys to hold in the office, to enable us to carry out management inspections, gain access to the property in case of emergency or to carry out repairs. If, during the Tenancy, running repairs become necessary, then we will arrange for these to be carried out with the Client’s consent. If however, emergency repairs are required, Able Property Services reserves the right to proceed immediately with emergency repairs, the cost of which will fall to the Client. If any problems occur during the course of any tenancy which may require major renovations, we can arrange, at the Client’s expense, for a surveyor to inspect and submit a report and thereafter, if authorised, to arrange and supervise for any works as necessary. This work will be subject to an additional fee, normally equal to 15% of the gross value of the works. If Able Property Services manages a property but does not collect the rent on behalf of a Client, the Client must provide us with prompt payment in order to pay necessary contractors if and when works to the property are required. If prompt payment is not forthcoming, Able Property Services reserves the right to deduct the cost of the contractors’ costs directly from the tenant’s monthly rental income.
- If a Client withdraws from letting their property after an offer has been agreed and a holding deposit taken from the tenant, the Client will be charged an abortive fee of €400 plus VAT.
- Our office hours are Monday to Friday from 9am to 5.30pm, breaking for lunch from 1pm to 2pm. We hold keys to all our managed properties. These keys are held in case our contractors require access to any managed property and are available for collection during normal office hours. We are not a key holding service and do not provide a 24-hour key collection service.
- In case of alarm activation, and without any reply from tenants, we shall not provide for an after-hours deactivation service. The Agent will arrange to switch off activated alarms during office hours. This service is not available as part of our management service, and is charged at a minimum of €100 plus VAT per alarm activation.
- All additional works undertaken on behalf of the Client in respect of any managed property or non-managed property not specified on our website is chargeable, with the fee calculated on a case-by-case basis. Fees shall be paid upon receipt of rent monies or upon receipt of invoice. It may not always be possible to obtain the Client’s consent to such work and, in these cases, the Agent will make a decision whether to proceed with such works if said works are deemed to be urgent and / or necessary.
- All fees, including management fees and contactor fees, are due upon receipt of rent monies. Failure by the tenant to pay rent shall not be seen as an excuse not to pay our fees. Our management fees will continue to be levied at the normal rate despite non-payment of rent by the tenant.
- Our letting and management service includes notification to the relevant utility company of the transfer of Electricity and Gas utilities from the Client’s name, or previous tenant’s name into the new tenant’s name where possible and allowable by the relevant utility companies. We cannot and do not transfer any phone, waste disposal or cable utility accounts. Able Property Services cannot be held responsible for failure of any utility company to act on our instruction to transfer utility accounts.
- The failure by Able Property Services to enforce, at any particular time, any one or more of the terms of this agreement shall not be deemed a waiver of such rights, or of the right to subsequently enforce the terms of this agreement.
- If any provision, clause or part-clause of this agreement is held to be invalid, void illegal or otherwise unenforceable by judicial body, the remaining provisions of this agreement shall remain in full force and effect to the extent permitted by law.
This agreement shall be governed by and construed in accordance with the laws of Ireland, and the parties hereby submit to the non-exclusive jurisdiction of the Irish Courts.
You hereby agree to indemnify and keep indemnified Able Property Services, its successors and assigns and each of its respective directors, officers, employees and agents from and against all liability, damages, losses, claims (including legal fees) resulting in any way from your use of the information and material posted on the Able Property Services web site or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the Able Property Services web site, your connection to the Able Property Services web site or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Able Property Services web site is done at your own discretion and risk and that you waive any right to bring any claim or action against Able Property Services or its successors, assigns, directors, employees and agents for any loss, damage or injury arising from your access to or use of the Able Property Services web site.
We have taken care to ensure that the material and information contained on this web site is as accurate as possible. However, we do not give any representation or warranty, express or implied, in relation to the accuracy or completeness of the said information or the reliability of any advice, opinion, statement or other information displayed or distributed through the Able Property Services web site. All users should take independent professional advice if they require information in relation to any matter addressed on this web site.
Except as expressly set out in these terms and conditions, all representations, warranties, terms and conditions whether express or implied in relation to this web site and/or the information contained herein are hereby excluded to the fullest extent permitted by law. Due to the fact that we cannot guarantee that our web site will be fault free or that the information contained on this web site will be correct, we do not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of this web site or the information contained therein (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with this web site). Able Property Services does not make any warranty that the web site is free from infection by viruses or anything else that has contaminating properties.
Nothing on this web site should be construed as constituting an offer, acceptance or contract or any part thereof. Certain links, including hypertext links, in our site will take you outside our web site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked web site, its operator or its content. We are not responsible for the content of any web site outside our web site.
All rights in the design, text, graphics and other material on our web site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our web site solely for your personal use. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.
All intellectual property rights and other rights, including trademarks, domain names, name and logos, belong to Able Property Services or other third parties. Users and visitors acquire no proprietary interest in any of the service, content, materials or other rights and may not use or reproduce them in any way that infringes the intellectual property rights in them for any reason.
We reserve the right at any time without notice to revise the content of our web site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.