Free Residential Lease Download
What is it?
This is a residential tenancy agreement. It is an agreement between a landlord and a tenant and is commonly called a lease. This lease can be downloaded, printed and used and modified (subject to a few restrictions, see small print below) by a landlord, tenant or agent.
Why do we give it away for free?
We're nice guys! It is our contribution to the property managment sector to encourage best practice in that field. We think that it is a fair lease for both the landlord and tenant, that it is easy to read and that it is compatible with the Residential Tenancies Act 2004.
Please note: Topfloor will only answer questions from our EXISTING clients regarding the Topfloor Tenancy Agreement and its use. Everyone else is free to use it but if you have any questions, please consult your own solicitor.
Why are there two types of tenancy agreements ?
Following our interpretation of the Residential Tenancies Act 2004, we have prepared two tenancy agreements for use by the property management industry or any landlord/tenant.
Fixed Term. This is the standard tenancy agreement that most of you are familiar with. It is for a fixed term, generally twelve months. If you agree a fixed term, neither party may terminate this lease prematurely unless a breach of conditions has occurred.
Part 4. This agreement represents the minimum in security of tenure that is offered under the Act and is for UP TO four years. Under the terms of this lease a landlord may regain possession of the property within the first six months without specifying grounds, but once a tenancy has lasted six months, the landlord will only be able to terminate the tenancy if any of the following apply:
- the tenant does not comply with the obligations of the tenancy
- the dwelling is no longer suited to the occupants accommodation needs (e.g. overcrowded)
- the landlord intends to sell the dwelling in the next 3 months
- the landlord requires the dwelling for own or family member occupation
- the landlord intends to refurbish the dwelling
- the landlord intends to change the business use of the dwelling
In these instances the notice the landlord must give is as below. The Tenant may terminate at any stage but the notice that must be given is also below:
|Duration of Tenancy
||Notice by Landlord
||Notice by Tenant
|Less than 6 months
|6 or more months but less than 1 year
|1 year or more but less than 2 years
|2 years or more but less than 3 years
|3 years or more but less than 4 years
|4 or more years
All tenants who have been in a property for more than 6 months are entitled to a Part 4, but may only avail of it at the end of the Fixed Term and once they give notice of their intention.
The small print
Before downloading the Topfloor Lease (either Part 4 or Fixed Term), you must read and agree to the following conditions:
The letting agreement may only be used subject to the copyright at the foot of each lease. Essentially, under the terms of the copyright, the public may use and amend the leases as they see fit. However there are some restrictions if you wish to modify and distribute the lease. See the GNU Free Documentation Licence for details of these restrictions. For most people this will mean that the Copyright, Disclaimer and Licence sections on the front page can't be touched and that all modified versions of these documents are also made freely available under the GNU Free Documentation Licence.
Great care and attention to detail has been given to the drafting of Topfloor's 'Fixed Term Tenancy Agreement' and Part 4 or 'Month to Month Tenancy Agreement', but Topfloor Systems Limited nonetheless accepts no responsibility whatsoever for any possible defects in the leases or any liability that may arise from any such defects if they do exist. The leases do not purport to be a legal interpretation of the above legislation and each and every user of the leases should ensure that they are satisfying the requirements of any legislation in force at any time, and in particular the Residential Tenancies Act 2004.
While Topfloor welcomes general enquiries on our services, Topfloor will not enter into consultation or correspondence with any party (except exisiting Topfloor clients) in connection with the free downloading or use of its leases.
The acts of downloading and use of the lease signifies that the user fully agrees to be bound by these terms and conditions.