Legals for Rentals and Maintenance Works. Who pays for them?

Legals for Rentals and Maintenance Works. Who pays for them?

There is much confusion over this subject when a property is let, please see here for clarification on the matter…

Within the period of a rental contract, two different types of works need to be differentiated: necessary work or maintenance and improvements.

The landlord needs to make all those repairs needed to maintain the house in habitable conditions unless the deterioration has been caused by the tenant, or the house has been damaged by force not attributable to the tenant such as fire or flood. The landlord cannot increase the rent in these cases.

Small repairs due to wear and tear by ordinary use should be paid by the tenant.

If there are some needed repair works to be done to the house and they cannot be postponed until the letting period finishes, the tenant will have to tolerate them. If the period lasts more than 20 days, the tenant has the right to decrease the rent proportionally to the part of the house which is not usable due to the work.

If there are works that are urgently needed to avoid serious damage, then these can be carried out by the tenant provided they are fully communicated to the landlord. The tenant will have the right to reimbursement of payment for these urgent works.

At the end of the contract often the landlord asks if the tenant is obliged to repaint/update the property (return it to the original condition), or is common wear and tear an accepted part of renting the property out and the responsibility of the landlord (on a standard simple contract)? If the need for painting is just out of common wear and tear, there is no obligation for the tenant to repaint the house, but if the need for painting is because of an incorrect use of the walls, it might be the obligation of the tenant to paint, or pay for repainting.

Please also see our website for details of letting your property with Comaskey. Contact [email protected] or 966773026

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