(1) THE LANDLORD: KERRY LEE STUDENT VILLAGE LTD.
of OAKPARK, TRALEE, COUNTY KERRY.
(2) THE TENANT:
(4) THE RESIDENTIAL UNIT:
ALL THAT AND THOSE Unit No. Kerry Lee Student Village,
Oakpark, Tralee, County Kerry to be held under the terms herein in
common with the other occupiers of the Unit with exclusive occupation
of Room Number or with exclusive occupation of the said Room
Number in common with one other student with exclusive use of Bed
(6) THE TERM: the Academic Year – 1st day of September 2007 to the 24th day
of May 2008.
(7) THE TERM COMMENCEMENT DATE: 1st September 2007.
(8) RENT: 38 Weeks to the 24th of May 2008
(9) Utilities Contribution (Refuse, Public Services, Internet Access, Cable
(10) PAYABLE (For Rent and Utilities)
15 Weeks Rent
on or before the 3rd day of August 2007 and
Balance on or before the 23rd day of November 2008.
(11) SECURITY DEPOSIT:
(a) ESB Deposit EUR210.00
Refundable at the end of the Academic Year once all ESB bills have
been settled in full.
(b) Security/Damages EUR200.00
Refundable at the end of the Academic Year less damages/missing
(c) Utilities ,N o n - R e f u n d a b l e EUR220.00
(d) Deposit for Lost Keys EUR10.00
(a) The Landlord is the owner of the Residential Unit which is located at
Kerry Lee Student Village, Oakpark, Tralee, County Kerry and which
forms part of a Residential Development for Third Level Students under
Section 50 of the Finance Act 1999 and the Tenant wishes to reside in
the Residential Unit occupying part thereof along with other students of
I.T.T. for the term. This Agreement is entered into for the purposes of
documenting the rights and duties between the Landlord, the Tenant and
(b) the Landlord lets and the Tenant takes the Residential Unit for the Term
at the Rent payable as above and with a Security Deposit.
(c) The agreement incorporates the special and general letting provisions
printed overleaf and the first and second schedules.
SPECIAL LETTING PROVISIONS
1. Unless otherwise notified by the Landlord, all communication with the
Landlord shall be made through the Management Company or their duly
authorised agent and all applications of the Tenant hereunder shall be
performed where the context so admits or requires through the
Management Company or their Managing Agents.
2. Immediately before handing over possession of the Residential Unit and
any part thereof on termination of this Agreement to thoroughly clean
all of the furniture, fittings and contents set out in the First Schedule
hereto and the Residential Unit and to deliver the same in a sound and
clean condition, fair wear and tear excepted, provided always that
breach of this condition shall, without prejudice to any other remedy or
relief available to the Landlord enable the Landlord to deduct the cost of
cleaning, replacing, repairing or decorating the same from the Security
3. Time shall be of the essence for the punctual payment of all sums due
under this Agreement by the Tenant to the Landlord. The Tenant agrees
that at the option of the Landlord, an administrative charge of EUR
10.00 shall be levied on the Tenant for each written demand sent, should
payment by the Tenant be in arrears for 10 days or more.
4. The Tenant shall strictly observe and comply with any regulations and
notices issued from time to time by the Landlord for observance by the
5. The Tenant agrees not to affix, hang or stick to the interior or interior or
exterior walls or windows of the Residential Unit, or any part thereof,
pictures, posters, advertisements, signs or other things or not to use any
adhesive material which might damage or discolour the same or the
6. The Tenant agrees that the Residential Unit and each part thereof on the
contents set out in the First Schedule hereto are at the commencement of
this letting in good, clean, lettable condition.
7. The Landlord shall not be responsible to the Tenant for any loss or
damage or consequential loss or damage to the Tenants contents due to
the non-availability of the Residential Unit or any part thereof or any
service which arises outside matters beyond their reasonable control or
power of the Landlord.
8. The Tenant shall be jointly and severally liable with other students
occupying the Residential Unit to comply with the terms and conditions
9. The Landlord will be liable for all exterior and structural repairs to the
premises and will provide or cause to be provided the services as set out
in the third Schedule hereto.
10. The Guarantor agrees to join in this Agreement at the request of the
Tenant and in consideration of the letting herein to jointly and severally
guarantee to the Landlord compliance with the terms of this Agreement
by the Tenant as per the terms of the Guarantee set out in the Fourth
11. It is agreed between the Landlord and the Tenant shall occupy the
premises hereinbefore described together with other students as part of a
letting under Section 50 of the Finance Act 1999 as set out in the
Relevant Guildelines and shall comply with the Rules and Regulations
in relation to the Development at Kerry Lee Student Village under the
foregoing legislation. The letting of this Residential Unit is exclusively
for students of Tralee I.T. Tenants warrants that he is and shall remain a
student of Tralee I.T. and upon demand by the Landlord shall furnish
due verification from Tralee I.T.
12. The Tenants, as students of Tralee I.T. are subject to Tralee I.T. Bye-
Laws whereby disciplinary procedures applicable to Tralee I.T. itself
may also be applied to the Development.
13. During the terms of this Agreement, any damage to fixtures or fittings
set out in the First Schedule hereto or the breakdown of same must be
promptly reported to the Landlord.
14. Any covenant by the Tenant not to do any act or thing includes an
obligation not to permit or suffer such act or thing to be done and to use
his or her best endeavours to prevent such act or thing being done by
15. Reference to any right of the Landlord to access or to enter upon the
Residential Unit or any part thereof shall be constructed as extending to
all persons authorised by the Landlord including the Management
Company, the Managing Agents, professional advisers prospective
purchasers or prospective tenants, contractors, workmen and others.
GENERAL LETTING PROVISIONS
1. DEFINITIONS AND INTERPRETATION
In this Agreement: -
1.1. ACADEMIC YEAR – "Academic Year" shall mean the period from
the 1st day of September to the 29th day of May of each and every year
for the Relevant Period.
1.2. APARTMENTS – "Apartment" means the Apartments now or at any
time forming part of the Apartment Estate being part of the
Development and the word Apartment shall mean any one of such
1.3. AUTHORITY given to a person to enter the Residential Unit after
giving notice, extends, in case of emergency only, to entry after giving
less notice than specified or without giving any notice.
1.4. BED SPACE – "Bed Space" shall mean one of a total number of 50 bed
spaces in the Development.
1.5. DEVELOPMENT – "Development" means the Lessor's Development
situate at Kerry Lee Student Village, Oakpark, Tralee, County Kerry
being more particularly part of the lands contained in Folio 19894
1.6. GUARANTOR – "Guarantor" shall mean the person or persons named
herein as Guarantor and where more than one person is included in the
expression "Guarantor". The Guarantee (set out in the Fourth Schedule
hereto) given and made by such persons shall be deemed to be made
jointly and severally.
1.7. D W E L L I N G H O U S E S – "Dwellinghouses" shall mean the
Dwellinghouse now or at any time forming part of the Housing Estate
being part of the Development and the word "Dwellinghouse" shall
mean any one of such Dwellinghouses.
1.8. INTEREST means a rate per cent per month for the time being
chargeable under the Taxes Consolidation Act 1997, Section 1080 and
1082 (or other such monthly rate of interest as may from time to time be
chargeable upon arrears of income tax) or as the Landlord may from
time to time elect at the rate of 1% per month or part of a month.
1.9. JOINT AND SEVERAL means whenever there is more than one
tenant occupying a Residential Unit , all their obligations can be
enforced against them jointly and severally which may result in each of
them individually being legally liable to the Landlord for the Tenant's
obligations under this agreement.
1.10. LANDLORD – "Landlord" shall mean the person referred to herein and
shall where the context so admits or requires include his heirs,
executors, administrators and assigns. The Landlord may act through
the Management Company or their duly authorised agent and the
definition of "Landlord" herein shall be extended to include these
1.11. MANAGING AGENTS – "Managing Agents shall mean agents
appointed by the Lessor/Management Company for the purpose of
providing the Services set out in the Third Schedule hereto.
1.12. MANAGEMENT COMPANY – "Management Company" means
Kerry Lee Management Company Limited and includes any company
which has for the time being undertaken the obligations imposed on the
1.13. I.T.T. shall mean the Institute of Technology, Tralee.
1.14. OWNER – “Owner” in relation to a Residential Unit means in the case
of a Residential Unit sold by leasehold demise the holder for the time
being of the term created by that demise and in the case of a Residential
Unit sold by way of freehold conveyance shall mean the holder of the
freehold and “ownership” in relation to such a Resdiential Unit shall
have a corresponding meaning;
1.15. OTHER STUDENT – shall mean other persons as may be let by the
Landlord, the Management Company or their agents to occupy the
premises during the Academic Year
1.16. PERMITTED USE – “Permitted use” shall mean the use of the
Demised Premises as a private resident or such other use as the Lessor
or Management Company may consent to. Provided however that for
the Relevant Period, the Apartment shall be used only for student
accommodation as envisaged under Section 50 of the Finance Act 1999
and as set out in the Guidelines for Residential Developments for Third
1.17. REGULATIONS – “Regulations” means the regulations made from
time to time by the |Management Company or Managing Agent for the
orderly convenience and proper operation, management and
maintenance of the Development as a whole or any part or extension
thereof. For the Relevant Period, those Regulations required under the
Relevant Guidelines for Residential Developments for Third Level
Students under Section 50 of the Finance Act 1999 shall also be deemed
to be included in the Regulations.
1.18. RELEVANT GUIDELINES – “Relevant Guidelines” means the
Guidelines on Resdiential Developments for Third Level Students as
issued pursuant to Section 50 of the Finance Act 1999.
1.19. RESIDENTIAL UNITS – “ Residential Units” collectively mean the
Apartments and Dwellinghouses now or at any time forming part of the
Development and the word Resdiential Unit shall mean any one of such
Apartments or Dwellinghouses.
1.20. RIGHT OF ENTRY – given to the Landlord to enter the Residential
Unit extends to anyone the Landlord authorizes in writing to enter, and
includes the right to bring workmen and appliances onto the Residential
Unit for the stated purpose.
1.21. ROOM – “Room” shall mean any one of the rooms in the Development
which is to be exclusively occupied by one or more students.
1.22. SERVICES – “Services” shall mean the Services set out in the Third
Schedule, Parts 1 and 2.
1.23. STUDENT – “Student” shall mean a person who is a registered student
of and is pursuing a course of study on a full time basis at I.T.T.
1.24. TENANT includes whoever for the time being is entitled to occupy the
Residential Unit under this Agreement.
GENERAL LETTING PROVISIONS
2. THE TENANT AGREES WITH THE LANDLORD: -
2.1. To pay the rent at the time and in the manner herein specified, the first
payment being required prior to occupation in order to validate your
application at latest 6th August 2006 and all sums within seven days of
2.2. To pay interest (as herein defined) on any rent outstanding form more
than seven days after it falls due.
2.3. To pay the Security Deposit as security for payment of the rent and
compliance with the terms of the Agreement which said sum is subject
to payment and compliance with the terms of this Agreement shall be
refunded on expiration of the Agreement.
2.4. To pay promptly all accounts for the supply of electricity.
2.5. Not to reduce any payment of rent by making any deductions from it or
by setting any sum off against it.
2.6. To repair, maintain or decorate the Residential Unit or the contents set
out in the First Schedule hereto or the replacement of the contents
(provided always that in the event of the Residential Unit being shared
with another person duly authorized by the Landlord to occupy the same
or any part thereof then the Tenants liability hereunder shall be joint and
several with that person).
2.7. To repair, maintain and decorate the Residential Unit or the contents set
out in the First Schedule hereto or the replacement of the said contents
and notice in writing is given by the Landlord to the Tenant within 14
days after the giving of such notice or such other periods ad the notice
may specify. On failure of the Tenant to comply with such notice, the
Landlord will carry out the same and recover the costs thereof on
demand from the Tenant together with 5% handling charge.
2.8. To keep the interior of the Residential Unit and any part thereof
including the glass and all windows and all locks, electric and other
fittings and installations and all additions there to and all drains, sanitary
fittings, appliance and pipes in good tenantable repair, order and
condition and to keep the Landlord effectually indemnified against any
claims in respect thereof and to pay any damaged done to any drain,
sewer, gully or trap caused by the negligence of the Tenant his guests,
servants or agents.
2.9. To keep the contents set out in the First Schedule hereto in good
tenantable order and condition and to replace such of the same ass may
be broken, destroyed or damaged with other articles of equal value to
the satisfaction and approval of the Landlord and not to remove the
contents or any part thereof from the Residential Unit nor lend or part
with possession of same either directly or indirectly to any person
whomsoever without the previous consent of the Landlord.
2.10. Upon receiving reasonable notice from the Landlord to allow the
Landlord at all reasonable times, to enter the Residential Unit to inspect
its condition or to carry out repairs or renovations which it is the
Landlord’s duty to do.
2.11. Upon receiving notice in writing from the Landlord, to allow anyone
who reasonably needs access in order to inspect, repair or clean
neighbouring Residential Units, or any sewers, drains, pipes wires or
cables serving neighbouring Residential Units to enter the Residential
Unit at any reasonable time.
2.12. Unless the Landlord previously approves in writing, not to alter the
Residential Unit in any way nor add to it (and this includes any wiring
or cabling there) nor to allow anyone else to do so nor to erect any
television or radio aerial or satellite dish there.
2.13. Not to act in a way which will or may result in the insurance on the
Residential Unit or the building of which the Residential Unit is a pat
being void or voidable or in the premium for it being increased, nor to
allow anyone else to do so.
2.14. Not to hold an auction sale on the Residential Unit nor allow anyone
else to do so.
2.15. To use the Residential Unit as a resident only for the named tenant in
accordance with Section 50 of the Finance Act 1999 and the Guidelines
thereto and any Regulations herein referred to.
2.16. Not to use the Residential Unit or any part of it nor allow anyone else to
do so for activities which are dangerous, offensive, noxious, noisome,
illegal, or which are or may become a nuisance or annoyance to the
Landlord or the owner or occupier of any neightbouring Residential
2.17. To keep the hall, passages and staircase (if any) leading to the
Residential Unit free from obstruction.
2.18. To dispose of the waste in accordance with the Regulations and not to
place any dust or refuse in or about the Residential Unit or any part
2.19. Not to keep any pets in the Residential Unit.
2.20. Not to hang any washing out of the windows or balconies of the
2.21. Not to expose any bottles, containers or other articles in the area of the
windows of the apartment/dwellinghouse.
2.22. Not to allow anything to obstruct the drainage system.
2.23. Not to display any notice or advertisement either on the outside of the
Residential Unit or visible from outside it.
2.24. To comply with all regulations made from time to time by the
management company (if any).
2.25. To give the Landlord promptly a copy of any notice received concerning
the Residential Unit.
2.26. Not to assign, sublet, share or part with the possession of the whole or
any part of the Residential Unit and not to part with or share possession
of the Residential Unit or part thereof with any person (save with such
persons as the Landlord may from time to time as duly authorised in
2.27. Not under any circumstances to part with possession of any keys to the
premises or any security card for the purpose of gaining access to the
property and to report any loss thereof immediately to Kerry Lee
The tenant shall be liable to Kerry Lee Student Village Ltd. for the cost
of the replacement of any card (EUR25) so lost or destroyed. If the
key/card is lost more than once, the tenant may be charged for the costs
of a new replacement lock, for security reasons.
2.28. At any time during the Tenancy on formal written notice, to allow the
Landlord accompanied by not more than tow persons at any one time to
enter the Residential Unit to view it and to carry out an inspection and
issue recommendations as to repair, maintenance and decoration.
2.29 Not to cover wall vents/fans in toilets and kitchens, as these are required
for ventilation under the Building Regulations. Ventilation is also
necessary to avoid build up of moisture and mould growth, particularly
in kitchen and bathroom areas. All windows should be opened each day
for a short period to allow proper ventilation of the
2.30 When the tenancy ends to return possession of the Residential Unit to
the Landlord, leaving the Residential Unit in the state which this
agreement requires the Tenant to keep it and in accordance with any
recommendations as to repair, maintenance and decoration issued by the
2.31 To pay all expenses which the Landlord reasonably incurs in: -
(i) the preparation and service of any notice and of any proceedings
under the Landlord and Tenant Law Amendment Act, Ireland
1860 and the Conveyancing Act 1881;
(ii) the recovery or attempted recovery of arrears of rent or other
sums payable under this agreement;
(iii) procuring that any failure by the Tenant to comply with this
agreement is remedied.
2.32. Not to do or omit anything to cause any services to the residential unit
to be disconnected.
2.33. To insure his personal belongings which are specifically excluded from
the Landlord's obligations under Paragraph 3.4. and to indemnify and
keep indemnified the Landlord against all claims of every nature
howsoever in respect of loss or damage to such belongings.
2.34. Not to hold or allowed to be held any party, event or entertainment in
the said Residential Unit.
2.35. No to carry out in the Residential Unit any profession, trade or business
2.36. To store all bicycles, scooters, equipment or other items which may
obstruct or cause damage to the Residential Unit or the Development
and the storage space allocated for the same.
2.37. To comply with and observe all Rules of the Management Company in
respect of the Common Areas and Open Areas, roads, footpaths and
open spaces and access routes in the Development and not to obstruct
the same or car parking spaces therein or to litter or dispose of the
refuse on or within the Common Parts and Open Areas and to comply
with the Rules and Regulations of the Management Company or their
Agent in relation to the Development.
3. THE LANDLORD AGREES WITH THE TENANT: -
3.1. So long as this agreement continues and the Tenant complies with its
terms to allow the Tenant to occupy the Residential Unit without
interference by the Landlord.
3.2. To do repairs to the Residential Unit which the Housing (Standards for
Rented Dwellinghouses) Regulations 1993 require.
3.3. When the tenancy ends to repay the security deposit to the Tenant
without interest after deducting all sums due to the Landlord under the
terms of this agreement or as a result of any of its terms being broken.
3.4. to make good or have made good any damage caused to the Residential
Unit by any person allowed access under this Agreement.
4. THE PARTIES AGREED: -
4.1. When the Tenant: -
(i) is seven days late in paying any rent, even if it was nor formally
(ii) has not complied with any obligation in this lease;
(iii) becomes bankrupt or makes any arrangement or composition
with his creditors; the Landlord may end this tenancy. He must
first give the Tenant not less than 4 weeks written notice ending
on any day. this Tenancy shall end on that day but this will not
cancel any outstanding obligations which the Tenant owes the
4.2. any notice required to be given to the Tenant under this agreement shall
be duly served if sent by registered post addressed to the Tenant at the
4.3. The Tenant agrees and admits that the Residential Unit together with the
contents set out in the First Schedule hereto are at the commencement of
this Agreement in good order and condition.
4.4. The parties agree that this Agreement was agreed to in the Town of
Tralee and that the applicable law shall be the Laws of the Republic of
4.5. The parties agree that this Agreement has not been entered into in
reliance wholly or partly on any statement or representation made by or
on behalf of the Landlord except any such statement or representation
that it expressly set out in this Agreement. The Tenant and the
Guarantor respectively acknowledge that this Agreement comprises the
sole understanding and agreement between the parties hereto.
5. HOUSING (RENT BOOK) REGULATIONS 1993: -
5.1. The Landlord confirms and the Tenant acknowledges that the
information required under the Housing (Rent Books) Regulations, 1993
made under the housing (Miscellaneous Provisions) Act, 1992 is set out
in the Second Schedule and that this agreement constitutes the Rent
Book for the purposes of those regulations.
(Inventory to be attached)
To be Provided
SIGNED SEALED AND DELIVERED
IN THE PRESENCE OF: -
SIGNED SEALED AND DELIVERED
IN THE PRESENCE OF: -