The Guarantor Joint Tenancy Agreement is essential for residential lettings in Ireland where multiple tenants share a property and additional financial security is required. This document is commonly used in situations such as student lettings, young professional house shares, or where tenants have limited rental history or credit standing. It combines standard residential tenancy provisions with specific guarantor obligations, ensuring that all parties understand their responsibilities and liabilities. The agreement complies with Irish residential tenancy law, particularly the Residential Tenancies Act 2004 and its amendments, while addressing the unique aspects of joint tenancies and guarantor obligations. It's designed to protect the interests of landlords while ensuring fair and transparent terms for both tenants and guarantors.
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1. Parties: Identifies all parties to the agreement: the landlord, all joint tenants, and the guarantor(s)
2. Background: Sets out the context of the agreement, including property details and the purpose of the guarantee
3. Definitions: Defines key terms used throughout the agreement
4. Term and Rent: Specifies the duration of the tenancy and rent payment details
5. Joint Tenant Obligations: Details the obligations of the joint tenants, including joint and several liability
6. Guarantor Obligations: Specifies the extent and nature of the guarantee, including payment obligations and duration
7. Property Use and Maintenance: Outlines conditions for property use and maintenance responsibilities
8. Deposit: Details about the security deposit, its handling and return conditions
9. Insurance Requirements: Specifies required insurance coverage for both tenants and property
10. Termination Provisions: Conditions and procedures for ending the tenancy and guarantee
11. Notices: Requirements for serving notices between parties
12. Governing Law: Confirms Irish law governs the agreement and jurisdiction for disputes
1. Break Clause: Optional early termination provisions, included when parties want flexibility to end the tenancy early
2. Rent Review: Include when the term is longer than one year and parties want to establish rent review mechanisms
3. Guarantor Replacement: Procedures for replacing a guarantor, included when this possibility needs to be addressed
4. Multiple Guarantors: Additional provisions when there is more than one guarantor, defining their respective obligations
5. Subletting Provisions: Include if subletting might be permitted under certain conditions
6. Property Improvements: Include if tenants are allowed to make improvements to the property
7. Pets Clause: Include if pets are allowed or to explicitly prohibit them
1. Schedule 1 - Property Inventory: Detailed inventory of furniture, fixtures, and fittings
2. Schedule 2 - Property Condition Report: Detailed description of property condition at commencement of tenancy
3. Schedule 3 - Guarantor Financial Information: Required financial information and documentation from guarantor(s)
4. Schedule 4 - House Rules: Specific rules and regulations for the property
5. Appendix A - Prescribed Information: Statutory information required under Irish rental legislation
6. Appendix B - Utility Responsibilities: Breakdown of utility responsibilities and payment arrangements
7. Appendix C - Guarantor Declaration: Specific declarations and confirmations from the guarantor(s)
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