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 represented by 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.
Regardless of the presence of a lease document, the tenancy is regulated by legislation.
Why do we give it away for free?
We're nice guys! It is our contribution to the property management sector to encourage best practice and help landlords and tenants understand their rights and obligations under complex legislation.
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:
Please note: Everyone else is free to use it but we do not answer any questions about it.
What is the difference between a lease and a tenancy?
A tenancy exists in Law regardless of a lease. The Lease is simply the written terms of the tenancy.. ‘no pets’, ‘no smoking’ etc.
As well as terms and conditions, the lease sets the initial rent. The rent set can be ‘market rent’ or if located in a RPZ, is set by formula.
Subsequent changes of rent throughout the tenancy are on foot of a Notice of Rent Review and NOT by way of subsequent leases.
Prior to the Legislation being enacted, the lease contract set the term of the tenancy and established the rent for that term. This is no longer the case. You cannot limit the length of a tenancy through a lease.
You cannot state that the tenancy is 12 months in length, when in fact, the tenant after six months of occupation is entitled to stay for UP TO six years and beyond if they are not denied a Further Part 4.
In short, you cannot contract a tenant out of their rights.
What is Part 4 of the Act about ?
Part 4 of the Residential Tenancies Act represents the minimum in security of tenure that is offered under the Act.
Under the terms of this lease a landlord may regain possession of the property within the first six months without specifying grounds.
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.
|Duration of Tenancy
|Less than 6 months
|Not less than 6 months but less than 1 year
|Not less than 1 year but less than 3 years
|Not less than 3 years but less than 7 years
|Not less than 7 years but less than 8 years
|Not less than 8 years
The small print
Before downloading the Topfloor Lease, you must read and agree to the following conditions:
The letting agreement may only be used in a private capacity by a member
of the public and may not be used for commercial purposes by property
managers, agents, landlords of more than one property 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 Lease, 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 to 2020.
While Topfloor welcomes general enquiries on our services, Topfloor
will not enter into consultation or correspondence with any party
(except existing 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.