call us TEL +353 (0)65 68 68686 9 Francis Street, Ennis, Co. Clare Ireland.

Information

YOUR LICENCED PROVIDER

Arthur & Lees Auctioneers Limited are Licenced to trade under the Property Services Regulatory Authority.  Property Services Provideer’s Licence Number 001566.

Ronan Arthur : 001566 – 001814

Tomás Lees : 001566 – 002998

 

PRIVACY POLICY

Existing & Prospective Customers

At Arthur & Lees Auctioneers Ltd. we are committed to protecting your privacy in accordance with the General Data Protection Regulations & the Data Protection Act 2018. This policy applies when we are acting as a controller of personal data that is where we have determined the purposes and means of the processing of that personal data. it applies where we process personal data relating to our existing customers & also prospective new customers.

If we make changes to this notice we will notify you by updating it on our website. Arthur & Lees Auctioneers Ltd. will be known as the ‘Data Controller’ of the personal data you provide to us and we will sometimes refer to ourselves in this notice as “we” or “us”. By Data Controller, this means Arthur & Lees Auctioneers Ltd., who determines the purposes and way in which any personal data are, or will be processed.

We will process your contact details for the purposes of communication with you and ensuring any products or services exchanged between us satisfy agreed requirements and the regulations pertaining to maintaining records. The legal basis for this processing is that it is necessary to achieve our legitimate interest , namely the supply of our services and maintaining a business relationship with you.

We will retain any personal data collected from yourself whilst we are actively working with you no more than 10 years after trading ceases unless we are instructed otherwise by you.

All of our customer data processing is in house and is not transmitted in anyway outside of the European Union (EU).

As you are providing us with your personal data, it is important to us that you are aware of the following rights that you have in relation to our processing of that personal data.

-You can be provided with a copy of any personal data concerning you that we process, unless that would affect the freedom and the rights of others. You can also be provided with information on how personal data is processed by us.

-You can have us rectify any personal data of yours that we hold that is inaccurate or incomplete. In certain circumstances, you can also ask us to erase or restrict the use of any of your personal data the we process.

-You can object at any time to our processing of your personal data on grounds related to your particular situation.

-You can object at any time to our processing of your personal data for direct marketing purposes.

You can exercise any of the rights listed above by contacting us by using the details at the bottom of this notice. If you are unhappy with any aspect of how we processed your personal data or your request to exercise a right, you can lodge a complaint with the Information Commissioner’s Office.

Arthur & Lees Auctioneers Ltd. is a company registered in Ireland and whose office is 9 Francis Street, Ennis, Co. Clare V95 AN20, Ireland. We are contactable by email at info@arthurandlees.ie

 

STAMP DUTY INFORMATION

Stamp Duty In Ireland
Stamp duty in Ireland is a tax payable to the Government based on the documents used in the transfer of property. The amount of stamp duty payable is determined by the type, size & value of the property & the purchaser’s status (i.e. first-time buyer, investor, etc.)

Budget 2011 – Stamp Duty The Minister for Finance announced the following changes in relation to stamp duty in his Budget speech on 7 December 2010.

New Rates for Residential Property A new lower rate of 1% will apply to instruments where the consideration attributable to residential property does not exceed €1,000,000. A higher rate of 2% will apply to the excess of the consideration over €1,000,000. In conjunction with the introduction of the lower rate of 1%, which will apply to the entire amount of the consideration up to €1,000,000, the current exempt threshold of €127,000 has also been abolished

.Apportionment In the case of a mixed property the consideration must be apportioned, as provided for in section 45(2) or section 52(5) of the Stamp Duties Consolidation Act 1999, on a just and reasonable basis between the residential and non-residential elements of the property.

A surcharge can arise under section 16 of the Stamp Duties Consolidation Act 1999 where the apportionment is not just or reasonable.

Aggregation : Aggregation continues to apply in determining the stamp duty liability where a transaction forms part of a larger transaction or of a series of transactions involving residential property. The stamp duty liability is calculated on the basis of the aggregate consideration for the entire residential property and the duty is then apportioned between the separate properties which are transferred by separate instruments and the apportionment is pro rata to the consideration for each property.

Relief and Exemptions abolished.

The following reliefs and exemptions have been abolished.

• Section 83A of the Stamp Duties Consolidation Act 1999 – this exemption applied where a site was transferred by a parent to a child for the purpose of building a house for occupation by the child.

• Section 91A of the Stamp Duties Consolidation Act 1999 – this exemption applied to the purchase by an owner-occupier of a new house or apartment where the floor area did not exceed 125 square metres.
• Section 92 of the Stamp Duties Consolidation Act 1999 – this relief applied to the purchase by an owner-occupier of a new house or apartment where the floor area exceeded 125 square metres.

• Section 92B of the Stamp Duties Consolidation Act 1999 – this exemption applied to a first time purchaser who acquired a house or apartment for owner-occupancy.

• Consanguinity Relief provided for under Schedule 1 of the Stamp Duties Consolidation Act 1999 – this relief will no longer apply to residential property but will continue to apply to non-residential property.

Effective Date : The above changes will apply to instruments executed on or after 8 December 2010 subject to the transitional arrangements referred to below.

Transitional Arrangements : Transitional arrangements will apply where, as a result of the new rates or the termination of the reliefs or exemptions, a taxpayer is disadvantaged compared to the stamp duty treatment applicable prior to 8 December 2010.

The transitional arrangements will apply where an instrument is executed on or after 8 December 2010 and before 1 July 2011 solely in pursuance of a binding contract which had been entered into prior to 8 December 2010. To avail of the benefit of the transitional arrangements, the instrument should contain the following certificate: “It is hereby certified that this instrument was executed solely in pursuance of a binding contract entered into prior to 8 December 2010”.

Contact Details Enquires regarding the stamp duty Budget changes should be made to: The Stamping Office Stamping Building Dublin Castle Dublin 2 Locall: 1890 482582

CONDITIONS OF AGENCY WITH ARTHUR & LEES AUCTIONEERS LIMITED
• Our appointment is as selling agent for six months following which the appointment will be renewed on a month to month basis.

• The vendor is responsible for fees and agreed advertising and outlay.

• Advertising and outlay is payable on invoice.

• Fees are payable on the signing of contracts and are payable in the event of a contract being signed a prospective purchaser introduced by us either directly of indirectly or by way of a “For Sale” board (if erected) of if the contract is signed by the purchaser with whom we had negotiations during the period of this agreement of thereafter. All negotiations must be carried out through the agent.

• In the event that the agency is withdrawn the vendor is liable to pay €200 costs plus any outstanding monies due to the agent.

• The agent will not incur expenditure on behalf of the vendor without prior agreement.

• The agent will not bind the vendor to an agreement without instructions.

• All care will be taken in the preparation of sales brochures and advertising but the agent does not accept responsibility for claims arising from inaccuracies contained therein. Copies of sale particulars are available on request and proofs will be supplied to the vendors.

• The vendor authorises the agent to collect a deposit and to issue a receipt.

 

PROPERTY MANAGEMENT SERVICE.

Property Management Services.

Letting a property can be a complex business; arranging viewings, vetting tenants, gathering references, organising lease agreements, transferring utility bills, chasing rent along with meeting your legal requirements.

Why not let us do it for you.

Our live tenant database includes a balanced mix of young professionals, corporate clients and families looking to rent for both long term and short term periods, enabling us to find an ideal tenant for your property.

Assessment : We will meet you at your property, to advise on a current market rental value. We will also advise on any works that are required to maximise potential rents.

Advertising : We will place your property on our current residential list. We will also place weekly advertising with the    local newspapers and display the property on our website www.arthurandlees.ie and on www.daft.ie. We also have a database to match suitable properties to specific tenant requirements.

Viewings : All viewings will be attended by either Ronan or Tomas.

References : All lettings are subject to references at the Landlords approval. Any potential tenants must provide our offices with a work reference, a bank reference and a previous Landlords reference. All of these references have to be provided before any lease is signed.

Negotiation : We will negotiate the best possible price for the Landlord and will revert back to you before making any decision.

Payment Method : All rents are payable by standing order or by payment to our offices. On signing the lease agreement one months rent plus a security deposit is paid. We deduct our fees from the first months rent and will lodge the balance to your account accompanied with a statement. We hold the security deposit and return it after a final inspection of the property ensuring all utility bills are paid and the property is in good condition. Each month we lodge the rent to the Landlords account accompanied with a statement.

Utilities : Utility bills are transferred into the tenants name by our offices. The tenant is also liable for refuse collection.

Lease : Our lease agreements are in accordance with the Law Society of Ireland guidelines. Lease agreements are for a minimum of 6 months but may sometimes vary depending on prior agreement. We will arrange a lease signing at our offices between both parties before releasing keys.PRTB : Tenancies now have to be registered with the Private Residential Tenancies Board. This involves a fee of €90 per lease agreement. It is the responsibility of the Landlord to register with the board, however if we are managing the property we will register the tenancy on the Landlords behalf.

 Lease Renewals : We offer lease renewals for an additional fee of €75.00 per lease agreement.

Inspections : During the tenancy we will inspect the property every 2 months and report back to the Landlord. At the termination of the tenancy we carry out a through inspection of the property and contents.

Maintenance & Cleaning Services :  Plumbing, Electrical works and general maintenance are all taken care of by our office. We have a dedicated team of tradesmen to hand. We are also able to provide cleaning services at the commencement and termination of tenancies, if required.

Enquiries : All tenant enquiries will be resolved through Arthur & Lees Auctioneers Limited

Fees : Detailed and up front schedule of fees available through Arthur & Lees Auctioneers who can be contacted on 065 68 68686

 

RTB -Residential Tenancies Board

What is the tenancy registration system?

It is a requirement on all landlords to register details of their tenancies within one month of their commencement. The information on the register will be used to provide aggregate data on the private rented sector. Personal details such as the tenant name, landlord name, rent, etc. will not be made public.

What dwellings are exempt from the tenancy registration system?

  • Business premises, even where partly residential
  • A dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies (i.e. formerly rent controlled dwelling occupied by the “original tenant” or his/her spouse) or to which Part II of the Landlord and Tenant (Amendment) Act 1980 applies (i.e. long occupation equity lease tenancies)
  • A dwelling let by a local authority or voluntary housing body
  • A dwelling occupied under a shared ownership lease
  • A holiday let
  • A dwelling in which the landlord is also resident
  • A dwelling in which the spouse, parent or child of the landlord is resident and there is no written lease or tenancy agreement
  • A dwelling that is occupied rent free
  • If a dwelling is available for renting but has not yet been let, there is no requirement to register.

What happens if I don’t register?
Until such time as a tenancy has been entered onto the RTB’s register of tenancies, the RTB is precluded from dealing with any dispute relating to the tenancy that may be referred to it by the landlord. The registration requirement applies only to ongoing tenancies so it is important that the registration process be completed as quickly as possible in case any difficulties arise in relation to the tenancy.

 

What is the RTB doing about unregistered landlords?
The steps being taken by the RTB to pursue compliance with the registration requirement are in accordance with the provisions of the Residential Tenancies Act 2004 and, in particular, sections 144 and 145. They include the issue of notices to landlords and/or occupiers of the dwellings in question, and the prosecution of offenders for non-compliance with the registration requirement. Details of these notices are set out below.

– Landlord 1st Notice – section 144(2)
The steps being taken by the RTB to pursue compliance with the registration requirement are in accordance with the provisions of the Residential Tenancies Act 2004 and, in particular, sections 144 and 145. They include the issue of notices to landlords and/or occupiers of the dwellings in question, and the prosecution of offenders for non-compliance with the registration requirement. Details of these notices are set out below.

– Landlord 2nd Notice – section 144(3)
Where the landlord fails to respond to the 1st notice, within the 14 day period or a response was received within the 14 day period which did not result in the RTB changing their opinion on the registration requirement applying, a notice is served on the landlord stating that the landlord is required to register within 14 days and failure to register within this timeframe will result in the landlord being guilty of an offence under the Residential Tenancies Act 2004. – Occupier’s Notice – section 145(4)

Where the landlord’s name or address is not supplied, a notice is served on the occupiers requiring them to supply within 14 days any information in their possession that could lead to the RTB ascertaining the identity of the landlord or of his/her address. That notice also states that failure to respond within the 14 days will result in the occupier being guilty of an offence under the Residential Tenancies Act.

What happens if a landlord or occupier does not comply with the RTB’s notices about not registering?
If the landlords and occupiers fail to comply with the provisions of the Residential Tenancies Act 2004 as outlined above, the RTB will exercise the power open to it under the Act in relation to prosecutions. However this process may take time as in order to maximise success and effective enforcement, it is essential that the information available to the RTB is accurate and that the RTB operates in accordance with the appropriate procedures. This is because the successful conviction of the landlord or tenants of criminal offences under sections 144 or 145 respectively requires a high standard of proof and a correct name and address is vital to this process.

Are landlords eligible for tax relief on interest paid on borrowing to purchase investment properties? 
Landlords should be aware that the Finance Acts have been amended to explicitly provide that compliance with the registration provisions contained in the Residential Tenancies Act registration provisions is a condition of eligibility for mortgage interest relief on residential properties. It is a matter for individuals to satisfy themselves that they are in compliance with the Residential Tenancies Act. The RTB will not routinely provide letters confirming exemption from the Act. The RTB propose to supply the Revenue Commissioners with information on unregistered tenancies of which it becomes aware so that, as well as facing criminal prosecution, the landlords in question will lose any mortgage interest relief relating to the dwelling.

The following link relates to the Revenue Commissioners’ requirements with regard to the registration of tenancies:
http://www.revenue.ie/en/practitioner/ebrief/2007/tax-briefing.html

Why have I not received a letter from the RTB acknowledging my application to register?
Confirmation letters are being issued to landlords and tenants in all registrations processed by the RTB generally on a 2 weekly basis.  However, the registration process can take upwards of 6 weeks depending on the volume of applications on hand at any given time.

What do I do with the confirmation letter?
Landlords and tenants must quote the registration number given in the letter in any future correspondence with the RTB. In addition, landlords may use the confirmation letter as a receipt for payment of the registration fee, where appropriate. Landlords may be requested to provide this confirmation letter to the Revenue Commissioners when seeking mortgage interest relief on residential properties.

What do I do if my tenant leaves my rented property?
If your tenant(s) leaves the rented property then it is deemed to be the end of the tenancy. You will need to register with the RTB the new tenancy within one month of the new tenants moving in.
If at least one of the tenants remain in the rented property and the other tenants are replaced by new tenants, then this would be considered an update of the tenancy details. If there is a change of rent you are required to notify the RTB and when doing so, you are required to advise of any other change of the tenancy details that have arisen in the interim – no fee is payable when providing an update of tenancy details. The tenancy registration form, which is downloadable from this website, can be used for this purpose also.

I lease my property to a management company who in turn rent out the property to individual tenants;  I have no relationship with the tenants of the management company. Do I need to register?

In the above scenario there are two actual tenancies and they both need to be registered. Under the RTA, the landlord is legally obliged to register the tenancy where the dwelling is leased to the management company and the management company is legally obliged to register the tenancy with the individual tenant(s). Each tenancy will then have a unique RT number assigned to it. The above applies in all arrangements where the dwelling is sublet and is ultimately a residential dwelling other than for those dwellings excluded in Article 3 of the RTA (a list of excluded dwellings is provided above in this question.)

What happens if I change the Rent?
The landlord must inform the Board of a change in the rent payable in respect of a dwelling within one month of the change occurring.

What happens if one of the tenants moves out and is replaced by a new tenant?
Landlords should at the same time notify the Board of any other change to the registered tenancy details e.g. a replacement tenant. No fee is payable for informing the Board of these changes.

What is duration of the registration?
Once a tenancy is registered it remains a registered tenancy for as long as the tenancy remains in existence. Once the tenancy is terminated, any new tenancy created in respect of the dwelling must be registered with the Board.

Why am I being asked to Re-register my tenancy?
Under the provisions of Part 4 of the Act if the tenancy has not previously been terminated it will be deemed to be terminated when it has lasted 4 years and a new tenancy will then commence between the parties. This new tenancy must be registered with the Board and the registration fee paid.

What do I do if the dwelling ceases to be let?
If the dwelling ceases to be let, the Board should be notified so that the record can be removed from the register – no refund of the registration fee is payable in such circumstances.

Enforcement of registration requirements.
The registration of a tenancy is a legal requirement on the landlord. Landlords failing to register a tenancy may be guilty of an offence and upon conviction shall be liable for a fine of up to €3,000 and/or up to 6 months in prison, along with a daily fine of €250 for a continuing offence.

What is the published register?
The Board maintains a published register, which is available for public inspection at the Board’s office. However, the published register will not contain any information that could lead to the disclosure of the identity of the landlord or tenant(s) or the rent payable

 

BER Certification

A BER is similar to the energy label for a household electrical appliance like your fridge. The label has a scale of A-G. A-rated homes are the most energy efficient and G the least efficient.

From the 1st of January 2009 a BER certificate is compulsory for all homes being sold or rented. If you are buying or renting a new house or apartment now, you are entitled to a BER – so do ask the seller/landlord or their agent for it.

All new homes (even when not for sale) must have a BER certificate before they are occupied as detailed under S.I. 666 under http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/

BER assessments performed on new dwellings will also help determine compliance to Part L of the Building Regulations. BERs will be carried out by specially trained BER assessors, registered by Sustainable Energy Ireland (SEI).  A list of BER Assessors is available on the SEI website .

It is an offence for persons not registered with SEI as BER assessors to purport to carry out a BER assessment service for the purposes of the Regulations. To see what a Building Energy Rating Certificate looks like please click here .

Who needs a BER?
A seller must provide a BER to prospective buyers or tenants when a home is constructed, sold or rented under the following circumstances:
– New homes where planning permission was applied for on or after the 1st of January 2007;
– All homes for sale or rent on or after the 1st of January 2009.
All new homes (even when not for sale) must have a BER certificate before they are occupied as detailed under S.I. 666 under http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/
BER assessments performed on new dwellings will also help determine compliance to Part L of the Building Regulations.

How Long will a BER Remain Valid?
A BER for a building will be valid for 10 years from the date of its being issued, unless there is a material change in the building in the meantime which could affect its energy performance – for example an extension to the building, a significant change to the building fabric or a change in the heating system or fuel used.
Therefore if a property which has received a BER is placed on the market within 10 years of that BER being issued, and the property has experienced no relevant alteration in the meantime, then that same BER may be used by the building owner for the purposes of meeting their obligations under the Regulations.

What are the BER Implementation Dates in Ireland?
The requirement to provide a BER is being introduced on a phased basis as follows:
New dwellings: The regulations apply to new dwellings for which planning permission was applied for on or after 1st January 2007. All new homes (even when not for sale) must have a BER certificate before they are occupied as detailed under S.I. 666 under http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/ BER assessments performed on new dwellings will also help determine compliance to Part L of the Building Regulations.
New Non-Domestic Buildings: The regulations apply to new non-domestic buildings for which planning permission was applied for on or after 1st July 2008. Transitional BER exemptions will apply to new non-domestic buildings for which planning permission is applied on or before 30th June 2008 provided the new non-domestic buildings involved are substantially completed by 30th June 2010.
Existing Buildings: (dwellings and other buildings) when offered for sale or letting on or after 1st January 2009.
Large Public Service Buildings: A public body shall, in relation to a large building occupied by it on or after 1 January 2009, secure and display a BER certificate in a prominent place clearly visible to the public.

 

The Society of Chartered Surveyors Ireland.

The Society of Chartered Surveyors Ireland is the independent professional body for Chartered Surveyors working and practicing in Ireland. Working in partnership with RICS, the pre-eminent Chartered professional body for the construction, land and property sectors around the world, the Society and RICS act in the public interest: setting and maintaining the highest standards of competence and integrity among the profession; and providing impartial, authoritative advice on key issues for business, society and governments worldwide.

Advancing standards in construction, land and property, the Chartered Surveyor professional qualification is the world’s leading qualification when it comes to professional standards. In a world where more and more people, governments, banks and commercial organisations demand greater certainty of professional standards and ethics, attaining the Chartered Surveyor qualification is the recognized mark of property professionalism.

Members of the profession are typically employed in the construction, land and property markets through private practice, in central and local government, in state agencies, in academic institutions, in business organisations and in non-governmental organisations.

Members’ services are diverse and can include offering strategic advice on the economics, valuation, law, technology, finance and management in all aspects of the construction, land and property industry.

All aspects of the profession, from education through to qualification and the continuing maintenance of the highest professional standards are regulated and overseen through the partnership of the Society of Chartered Surveyors Ireland and RICS, in the public interest.

This valuable partnership with RICS enables access to a worldwide network of research, experience and advice.

The Society of Chartered Surveyors Ireland was formed as a result of a merger between the Society of Chartered Surveyors (SCS) and the Irish Auctioneers & Valuers Institute (IAVI) in April 2011.

 

DISCLAIMER

Arthur & Lees Auctioneers for themselves & for the vendor of any property whose agents they are given notice that (i) the particulars are set out as a proof for the guidance of intending purchasers, and do not constitute nor constitute part of an offer or contract. (ii) All descriptions, dimensions, references & necessary permissions for use & occupation & other details are given in good faith and are believed to be correct, but any intending purchaser or tenants should not rely on them as statements or representation of fact but satisfy themselves by inspection or otherwise as to the correctness of each item: (iii) No persons in the employment of Arthur & Lees Auctioneers Ltdhas the authority to make or give any representation or warranty whatever in relation to any property.