Fixed Term Residential Lease Agreement

Date of Agreement: 21'1 Aiii,ust 2023

Landlords Name: Lonadale Limited
Landlords Address: 34 William Street. Limerick, V94 CPP7
Property Address: Apartment 4 Wood Quay, Ennis, Co. Clare, V95 EN88

Tenants(s) Mine Barbosa de Sousa and Thiago Marques da Silva

Tenants(s) Phone Number: +353 852556515 (Aline) +353 830 133281(Thiago)

Tenants(s) current Address: Apartment 3 The Elms, 3 Kilrush Road, Ennis, Co.Clarc, V95
KN30
Tenant's PPS Number: 2205340SA (Aline) 92341960A (Th iago)

Term of Lease: 12 months

Rent Amount € per calendar €1,200
month:

Security Deposit: €1,200

Payment Method: Bank Transfer

Landlord's Bank Details: Lonadale Limited, A/C 83218100, S/C 90-43-09

Definitions:
In this agreement unless the context otherwise requires, words importing the
masculine gender only, include the feminine. Covenants importing the
singular number only, include the plural number and vice versa and where
there are two or more persons included in the expression "the Tenant" and
"the Landlord" shall be deemed to be made by such persons jointly and
severally.

Whereby it is agreed as follows:

The Landlord agrees to let and the tenant agrees to take the premises for the
term and subject to the rent and as to the manner of payment thereof
specified in this agreement together with the furniture effects and fittings
specified in the inventory of contents.

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THE TENANT AGREES WITH THE LANDLORD AS FOLLOWS:

1, To pay the agreed rent without any deductions, at the times and in the
manner specified in this agreement.
Failure to pay the rent may result in financial difficulty for the landlord,

2. To pay the landlord a security deposit of €1,200.00. This deposit

cannot be used in any way or at any time towards fulfilling the tenants
obligations to pay the stated rent as outlined in this agreement. The
security deposit is refundable at the end of the tenancy subject to the
tenant fulfilling their obligations as outlined in this agreement. The
deposit may be withheld in full or part if there are damages to the
property in excess of normal wear and tear or if there is a breach of the
tenant's obligations under this agreement.

3. Not to assign, sublet or part with possession of the property or to let

any person other than those stated in this agreement to live at the
property without the landlord's written consent

4. Not to keep dogs, cats or any other animals in or on the premises

without the landlord's written consent.

5. To use the property as a private residence only and not to take in

paying guests or to conduct or permit to be conducted any business or
trade in or form the property

6. Not to use the property for any illegal purpose

7. Not to do or allow to be done any act which may be a nuisance, danger

or annoyance to the landlord or occupiers of adjoining or neighbouring
premises.

8. To keep the gardens and other external areas including driveways and
paths neat and tidy.

9. To permit the landlord or his agent at all reasonable times to enter the
premises to examine and inspect the condition thereof.

10.To permit the landlord or his agents (including workmen) to enter the
premises at all reasonable times to conduct repairs or renovations for
which the landlord may be liable. The landlord is not responsible for
repairs caused by the negligence of the tenants e.g. failure to regularly
clean filters on appliances such as washing machines and
dishwashers.

11.Unless otherwise stated it is the tenant's responsibility to cut the grass fefi
and to dispose of grass cuttings in an appropriate and legal manner.
Grass cuttings must not be dumped in the garden.

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12.To keep the property and its contents in a good and dean condition,
normal wear and tear accepted. Not to make any alterations
whatsoever to the property or to carry out any redecoration without
the prior written consent of the landlord,

13.Not to fix or stick any items to the interior walls, doors and ceilings or
any surface without the landlord's written consent.

14.Not hang washing out of windows or balconies

15, Not to affix a satellite dish or any other item to the exterior of the
premises without the landlord's written consent.

16. The tenant is responsible for the provision of adequate Insurance

cover for their own contents and belongings. The landlord shall have
no liability for any loss, damage or injury whatsoever.

17.To forward to the landlord without delay any notice or post received for
the landlord's attention or concerning the property.

18.To pay and discharge all applicable bills in respect of utilities and other
services including but not limited to gas, electricity, television licence,
refuse charges, cable television, telephone and internet, water
charges or any other services used on consumed on the premises
which are the responsibility of the tenant. Either currently or in the
future.

19.To make use of a covered bin for the storage of refuse and to avail of
the services of the local authority or authorised private contractor for
the legal disposal of same. The tenant is responsible for all refuse
charges.

20. Not to leave the property vacant for more than 30 consecutive days
and to notify the landlord in advance of any extended periods of
absence.

21. To keep the furniture and fittings in good reasonable repair and
condition. (Normal wear and tear accepted). Not to remove any
furniture or fittings from the premises. To repair or replace any items
which may be broken or damaged with articles that are to the
satisfaction of the landlord.

22.10 keep hallways and staircases free from obstruction and not to store
bicycles inside the property.

23. To notify the landlord promptly in writing of any repairs, damage or

defect which may require the landlord's attention. This includes any
breakdown of appliances. Failure to do so may result In the tenant
being liable for any subsequent damage. It is not permitted for tenant's

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 to engage the services of repair personnel or trades people at the
landlord's expense without the prior agreement of the landlord,

24.To ensure that the smoke detectors are working at all times, to test
them on a regular basis, replacing batteries where required and not to
disconnect or in any way impede the safe functioning of smoke alarms
or any other safety appliance or feature including ventilation grills.

25.Not to do or to allow to be done anything which may render the

landlord liable to pay more than the ordinary rate of premium for
Insurance or which may make void or voidable any insurance policy.

26.To replace broken glass in doors and windows damaged during the
duration of this agreement if said damage is caused by the tenant.

27.At the end of the tenancy to leave all furnishings and contents in the
same locations in which they were positioned at the beginning of the
tenancy

28.To take all reasonable precautions to prevent damage by frost or burst

pipes, this includes ensuring that the property is adequately heated
during periods of extended absence for example over the Christmas
period.

29. During the last month of the tenancy to permit the landlord (or his
agent) to erect signs or notices advertising the property to let. To
permit the landlord, or his agent to enter the premise by prior
appointment, for the purposes of showing the property to prospective
tenants.

30.At the end of the tenancy to surrender the property, its furnishings and
contents, in good and reasonable condition (normal wear and tear
excepted). To clean the property throughout including flooring and
appliances. This includes cookers, fridge sanitary ware and all fixtures
and fittings. Failure to do so shall entitle the landlord to deduct the cost
of cleaning from the security deposit.

31.At the ends of the tenancy, not to leave any refuse in or on the
premises. The cost of disposal of same will be deducted from the
security deposit.

32.At the expiration of the tenancy to provide with landlord with all utility
account numbers for the purposes of transferring accounts into the
landlord's/ new tenants name(s)

33.10 discharge all outstanding utility bills at the expiration of the tenancy.

34. The property is fitted with a fire blanket, fire extinguisher and carbon
monoxide alarm. The tenants agree not to remove damage or interfere
with the functioning of same.

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THE LANDLORD AGREES WITH THE TENANT AS FOLLOWS:

1. That the tenant paying the rent and adhering to the terms of this
agreement shall be entitled to quiet and peaceable enjoyment of the
property

2. The landlord shall register the tenancy with the Residential Tenancies
Board (RTB formerly known as the PRTB) as required by the Residential
Tenancies Act 2004

3. The landlord will maintain in good order and repair the structure of the
property and will carry out repairs for which the landlord is responsible
subject to the conditions regarding notification etc as outlined under tenant
obligations

4. The landlord shall insure the property and the landlord's contents but
excluding the tenants contents

5. To return to the tenant at the expiration of the tenancy the security

deposit without interest less any sums that may be retained by the
landlord on foot of breaches of the terms of this agreement. This includes
amounts due to the landlord in respect of rent arrears or damages in
excess of normal wear and tear.

6. To make good any damage caused to the property by any person allowed
access by the landlord under the terms of this agreement.

THE LANDLORD AND TENANT AGREE:

That this is a fixed term tenancy agreement and termination of the tenancy
by either party must be in accordance with the terms of the Residential
Tenancies Act 2004 and Residential Tenancies (Amendment) Act 2015

1. Any notice to be served on the tenant by the landlord shall be sent by

ordinary post to the tenant at the property or left at the property addressed
to the tenant.

2. That the landlord or tenant may terminate the tenancy if there has been
breach of obligations by the landlord or tenant.
„leg)c
3. The landlord may terminate the lease if any of the circumstances
contained in section 34 (outlined below) of the Residential Tenancies Act
2004 occur.

05-

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 1. The tenant has failed to comply with any of his or her obligations in
relation to the tenancy (whether arising under this Act or otherwise)
and, unless the failure provides an excepted basis for termination—

(a) the tenant has been notified of the failure by the landlord and that
notification states that the landlord is entitled to terminate the tenancy
if the failure is not remedied within a reasonable time specified in that
notification, and
(b) the tenant does not remedy the failure within that specified time.

2. The dwelling is no longer suitable to the accommodation needs

of the tenant and of any persons residing with him or her having
regard to the number of bed spaces contained in the dwelling and the
size and composition of the occupying household.

3. The landlord intends, within 3 months after the termination of the

tenancy under this section, to enter into an enforceable agreement for
the transfer to another, for full consideration, of the whole of his or her
interest in the dwelling or the property containing the dwelling.
4. The landlord requires the dwelling or the property containing the
dwelling for his or her own occupation or for occupation by a member
of his or her family and the notice of termination (the 'notice") contains
or is accompanied, in writing, by a statement—
(a) S pecifying—
(i) The intended occupant's identity and (if not the landlord) his or her
relationship to the landlord, and

(ii) The expected duration of that occupation,

and

(b) That the landlord, by virtue of the notice, is required to offer to the
tenant a tenancy of the dwelling if the contact details requirement is
complied with and the following conditions are satisfied—

(i) the dwelling is vacated by the person referred to in subparagraph

(a) within the period of 6 months from expiry of the period of notice
required to be given by the notice or, if a dispute in relation to the
validity of the notice was referred to the Board under Part 6 for
resolution, the final determination of the dispute, and

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(ii) the tenancy to which the notice related had not otherwise been
validly terminated by virtue of the citation in the notice of the ground
specified in paragraph 1, 2, 3 or 6 of this Table.

5. The landlord intends to substantially refurbish or renovate the

dwelling or the property containing the dwelling in a way which
requires the dwelling to be vacated for that purpose (and, where
planning permission is required for the carrying out of that
refurbishment or renovation, that permission has been obtained) and
the notice of termination (the "notice") contains or is accompanied, in
writing, by a statement—

(a) specifying the nature of the intended works, and

(b) that the landlord, by virtue of the notice, is required to offer to the
tenant a tenancy of the dwelling if the contact details requirement is
complied with and the following conditions are satisfied—

(i) the dwelling becomes available for reletting, arid

(ii) the tenancy to which the notice related had not otherwise been
validly terminated by virtue of the citation in the notice of the ground
specified in paragraph 1, 2, 3 or 6 of this Table.

6. The landlord Intends to change the use of the dwelling or the

property containing the dwelling to some other use (and, where
planning permission is required for that change of use, that
permission has been obtained) and the notice of termination (the
"notice") contains or is accompanied, in writing, by a statement—
(a) specifying the nature of the intended use, and

(b) that the landlord, by virtue of the notice, is required to offer to the
tenant a tenancy of the dwelling if the contact details requirement is
complied with and the following conditions are satisfied—

(i) the dwelling becomes available for reletting within the period of 6
months from expiry of the period of notice required to be given by the
notice or, if a dispute in relation to the validity of the notice was
referred to the Board under Part 6 for resolution, the final
determination of the dispute, and

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 (ii) the tenancy to which the notice related had not otherwise been
validly terminated by virtue of the citation in the notice of the ground
specified in paragraph 1, 2 or 3 of this Table.

The required notices and declarations will be served in accordance with the
Residential Tenancies Act 2004 and The Residential Tenancies (Amendment)
Act 2015

4 The information required under the Housing (Rent Book) Regulations 1993
is outlined in the first schedule of this agreement and that this agreement
constitutes the Rent Book for the purposes of those regulations.

That the landlord may terminate the tenancy in accordance with the
Residential Tenancies Act 2004 The Residential Tenancies (Amendment) Act
2015 due to anti-social behaviour by the tenant, or behaviour permitted by
the tenant within the property.

111

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FIRST SCHEDULE
Statement of information required under the Housing (Rent Books)
Regulations, 1993

Information for landlords and tenants

1.This statement of information is included in the rent book in accordance with the Housing
(Rent Books) Regulations, 1993. It does not purport to be a legal interpretation.
2. The tenant of a house is entitled to quiet and peaceable enjoyment of the house
3.Notice of termination Of a tenancy must be in writing and must be made in accordance with
the provisions of the Residential Tenancies Acts 2004 and 2009."
4. The landlord is prohibited from impounding the goods of a tenant to secure recovery of rent
unpaid.
5. The landlord is obliged to provide a tenant with a rent book for use throughout the term of
the tenancy. The landlord must enter the particulars relating to the tenancy in the rent book,
and, in the case of a new tenancy, complete the inventory of furnishings and appliances
supplied with the house for the tenant's exclusive use.
6. The landlord is obliged to keep the particulars in the rent book up to date. Where the rent or
any other amount due to the landlord under the tenancy is handed in person by the tenant, or
by any person acting for the tenant, to the landlord, the landlord must, on receipt, record the
payment in the rent book or acknowledge it by way of receipt. Payments not handed over
directly, for example those made by bankers order or direct debit, must, not more than 3
months after receipt, either be recorded by the landlord in the rent book or acknowledged by
way of statement by the landlord to the tenant.
7. The tenant is obliged to make the rent book available to the landlord to enable the landlord
to keep the particulars in it up to date.
8. The landlord of a rented house is obliged to ensure that the house complies with the
minimum standards of accommodation laid down in the Housing (Standards for Rented
Houses) Regulations 2008 ( S.I. No. 534 of 2008) and S.I. No. 462/2009 - Housing
(Standards For Rented Houses)(Amendment) Regulations 2009. The Regulations do not
apply to houses let for the purpose of a holiday, housing authority demountable houses and
communal type accommodation provided by the Health Service Executive and certain
approved non-profit or voluntary bodies. With the exception of Article 8 Food Preparation,
Storage and Laundry, the regulations also apply to houses let by housing authorities. The
standards relate to structural condition, the provision of sanitary, heating and refuse facilities,
food preparation, storage and laundry, availability of adequate lighting and ventilation, fire
safety and the safety of electricity and gas installations,
9. The duties of a landlord referred to in paragraphs 5 to 8 above may be carried out on the
landlord's behalf by a duly appointed agent. Any reference in this statement to 'house'
includes a flat or maisonette. '
10.Copies of the Housing (Rent Books) Regulations 1993, the Housing (Standards for
Rented Houses) Regulations 2008 and the Housing (Standards for Rented Houses)
(Amendment) Regulations 2009 may be purchased from the Government Publications Sale
Office, Sun Alliance House, Molesworth Street, Dublin 2 or from the housing authority.
11 Responsibility for the enforcement of the law relating to rent books and standards rests
with the housing authority for the area in which the house is located. The responsibility for
dealing with landlord / tenants disputes rests with the Private Residential Tenancies Board
(PRTB)

Name and Address of local Authority: South Dublin County Council

Name:
Address:
Telephone:

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SECOND SCHEDULE SPECIAL LETTING CONDITIONS
Note: Any conditions must comply with the Residential Tenancies Act 2004

AOr 4.0

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 _ _
Landlord(s) Signature

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Signed in the presence of:

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Tenant(s) Signature:
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- Signed in the presence of:

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Date of this Agreement:
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APPENDIX — Additional Information for landlords and letting agents.
Not part of the lease agreement, provided for information only
The leaflet is a general guide only and not an interpretation of the law and
does not necessarily make reference to all relevant provisions, SOURCE:
PRTB

TERMINATION OF
FIXED TERM TENANCIES
UNDER TIIE RESIDENTIAL TENANCIES ACT 2004
SOURCE: PRTB

PART 4 TENANCY

Once a tenant has remained in occupation of a dwelling for a period of 6 months, he

or she acquires the benefit of a Part 4 tenancy under the Residential Tenancies Act
2004 (the "Act").

A Part 4 tenancy entitles the tenant to remain in occupation for a period of four years
in total,' unless a valid notice of termination is served on him or her. For further
details on Part 4 tenancies see a "Quick Guide to the Residential Tenancies Act", at
unov.prib.ie.

2 FIXED TERM TENANCIES

Landlords and tenants often enter into a tenancy for a fixed term period. For example
a landlord or tenant may agree that the tenancy will be for a period of two years.
Usually, the terms of a fixed term tenancy are contained in a lease agreement. A
written lease agreement is not necessary however, for a fixed term tenancy to exist, as
the Act provides that a fixed term tenancy may also be oral or implied.2

I. See, Section 28 of the Act.

2. See, Section 5 of the Act.

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 3 FIXED TERM TENANCIES AND PART 4

The existence of a fixed term tenancy does not preclude the operation of Part 4.3 Part
4 runs with a fixed term tenancy, so that the continuous occupatioh by a tenant under
a fixed term tenancy for a period of 6 months, means the tenant shall, as in normal
course, become entitled to the protections of a Part 4 tenancy. in cases of fixed term
tenancies however, the rights under Part 4 only apply to the extent that they benefit
the tenant over and above the rights afforded to him or her under the terms of the
fixed term tenancy.

4 TERMINATION

Part 4 Tenancies

A landlord may terminate a Part 4 tenancy, in accordance with the provisions of the
Act, where any of the circumstances set out in Section 34 of the Act arise. For
instance a landlord, may terminate a tenancy, in circumstances where he or she wants
to live in the dwelling concerned.4

A tenant can terminate a Part 4 tenancy at any time and without reason, provided lie
or she gives the requisite notice and complies with the provisions for termination of a
tenancy under the Act, which includes the service of a valid notice of termination.

6. EXPIRY OF THE FIXED TERM

If a tenant wishes to remain in occupation after the fixed term, the tenant must notify the
landlord of his or her intention, This must he done not later than one month before the expiry
of the fixed term tenancy nor any sooner than three months before it expires. If the tenant
fails to do so and the landlord has suffered damage as a result, the landlord may refer a
dispute to the Private Residential Tenancies Board.

Once a fixed term tenancy comes to an end, in circumstances where the tenant remains in
occupation and the landlord subsequently wishes to terminate the tenancy, the landlord can
rely on the provisions of Section 34 to terminate the tenancy, as the fixed term has come to
an end.

SOURCE:PRT

3. Section 54 provides that parties to a tenancy, cannot contract out of the

provisions of Part 4.
4. Paragraph 4 of the Table at Section 34 of the Act.

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