The Guarantor Tenancy Agreement is a vital legal document used in the Irish residential rental market when a landlord requires additional security beyond the standard tenant commitments. This typically occurs in situations involving student rentals, first-time renters, or tenants with limited credit history or income. The agreement, compliant with Irish residential tenancy law, combines a standard residential lease with comprehensive guarantor provisions, ensuring that a third party (the guarantor) legally commits to fulfilling the tenant's obligations if the tenant defaults. The document needs to balance the landlord's need for security with fair and reasonable terms for both tenant and guarantor, while ensuring compliance with the Residential Tenancies Act 2004 and subsequent amendments. It includes detailed sections on financial obligations, property maintenance, termination procedures, and the specific extent and duration of the guarantee.
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1. Parties: Identification of the landlord, tenant(s), and guarantor(s) with full legal names and addresses
2. Background: Context of the agreement, including property details and purpose of the guarantee
3. Definitions: Definitions of key terms used throughout the agreement
4. Term of Tenancy: Duration of the tenancy, start date, and any renewal provisions
5. Rent and Payment Terms: Rent amount, payment schedule, deposit details, and payment methods
6. Guarantor Obligations: Core obligations of the guarantor, including financial responsibilities and extent of guarantee
7. Extent of Guarantee: Specific terms of what the guarantee covers and duration of the guarantee
8. Property Use and Occupation: Terms regarding proper use of the property and occupancy rules
9. Landlord Obligations: Responsibilities of the landlord including maintenance and statutory obligations
10. Tenant Obligations: Key responsibilities of the tenant including property care and behavior requirements
11. Deposit Protection: Terms regarding the security deposit, its protection and return conditions
12. Termination Provisions: Conditions and procedures for ending the tenancy and guarantee
13. Notices: Requirements for serving notices between all parties
14. Governing Law: Confirmation that the agreement is governed by Irish law
1. Pet Provisions: Include when pets are allowed in the property, specifying conditions and additional deposits
2. Break Clause: Include when early termination options are being provided to any party
3. Rent Pressure Zone Provisions: Include if the property is located within a designated Rent Pressure Zone
4. Multiple Guarantors: Include when there is more than one guarantor, defining joint and several liability
5. Subletting Provisions: Include if subletting might be permitted under certain conditions
6. Special Maintenance Requirements: Include for properties with unique features requiring specific maintenance
7. Utilities and Services: Include when there are specific arrangements for utility payments or services
8. Insurance Requirements: Include when specific insurance requirements are imposed on tenant or guarantor
1. Schedule 1 - Property Inventory: Detailed inventory of furniture, fixtures, and fittings with condition report
2. Schedule 2 - Property Photos: Photographic evidence of property condition at start of tenancy
3. Schedule 3 - Guarantor Financial Information: Required financial information and proof of guarantor's ability to meet obligations
4. Schedule 4 - House Rules: Specific rules and regulations for the property if applicable
5. Appendix A - Prescribed Information: Statutory information required under Irish residential tenancy law
6. Appendix B - Energy Performance Certificate: Current energy performance certificate for the property
7. Appendix C - Safety Certificates: Relevant safety certificates for gas, electricity, and other installations
8. Appendix D - Reference Forms: Standard forms for obtaining references for both tenant and guarantor
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