Right: Freddie Alexander, Rutherfords; Stuart Creavin, Creavin & Co Far right: Darach Connolly, Darach Connolly Solicitors; Ken Morris, Daly Lynch Crowe & Morris
Left: Neil Dunne, Byrne Wallace; Caroline Matson, Byrne Wallace Far left: David Soden, David Soden Solicitors; Noreen Kavanagh, Matheson
that the rate of interest represents a genuine preestimate of the landlord’s losses. 3. Clause 1.4 deals with the payment of insurance. It is important here to either set out the amount payable if it is in respect of an entire building, or the percentage of the total premium that the tenant is responsible for, if the premises is comprised within a building or an estate. Alternatively, if it has been agreed that a fixed insurance premium is payable for the duration of the letting, this fixed amount can be inserted here. 4. Careful consideration should be given in relation to whether or not the tenant is responsible for the payment of any service charge. Once again, if the premises is comprised within a building or an estate and a service charge is payable, consideration needs to be given to how this is reflected at Clause 1.7. As it is a short-term letting, if a cap or a fixed amount has been agreed for the duration of the letting, this can be inserted instead. 5. It is important to give consideration as to what the tenant’s repair obligations will be and the clause adjusted accordingly. As it is a short-term letting, we believe that in most cases, repair of the interior will be the extent of the tenant’s obligation. The tenant
will also have an obligation to maintain the interior of the premises in good decorative condition. In some cases, a Schedule of Condition could be incorporated into the letting agreement. Once again, it is important to understand how the tenant intends on handing back the premises and how the landlord wants to take it back. Attaching a Schedule of Conditions sets a bar for a decorative standard that the property must be in when the tenant hands it back but there is no fair wear and tear exception, unless one is expressly included. 6. Clause 3 deals with insurance. It includes an obligation on the tenant to ensure that he/she has public liability insurance in place. You may also want to include an obligation on the tenant to insure their own contents. 7. Point 4.14 deals with the tenant’s yield up obligation. If a Schedule of Condition has been attached to the letting agreement it would be prudent to refer to it in this clause, and to state that the tenant is not under any obligation to hand back the property in any better condition than is set out in the Schedule of Condition. 8. Tax is dealt with at Clause 5. It is extremely
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