FYI long term Leasing Agreement SDCC

K

KOW

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Earlier in the year I was informed by SDCC that they were not continuing with the long term leasing agreement.
I have a property with the 10yr lease expiring on October 31st this year.
Email today asking would I be interested in another 10yr long term lease.
 
Hi KOW,

Based upon your experience, would you mind listing what in you opinion are the benefits and drawbacks for a landlord who may be interested in looking at this?

Thanks
 
Basically I handed over the keys nearly 10yrs ago.
SDCC lodged 80% of the going rent into my bank account each month.
They took care of maintenance etc.
Hate to admit it but was only in the apartment a couple of months back and looks okay. Needs a good freshen up.
No hazzle no phone calls. Worked well for me.
 
Review every two years. Never any trouble with that. Increase every two years I think in line with consumer price index for that period.
 
For clarity this is from a converstation i had with a friends son which led to various other conversations with other people I know as it will apply to me in a few years with an LTL coming up to an end. So hopefully I can pass on what ive learned so far here as this thread started me off checking this out a few months ago.

My friends son just renewed his LTL with Fingal coco after the 10 year lease was going to expire in November this year.
They contacted him and asked him to renew for 10 years. It wasnt painless for him all that time as the tenant they had was an absolute nightmare to everyone else in the apartment complex until they died. The MC and neighbours were threatening to sue my friend son for years and the council were full of promises about dealing with the tenant but they never did when asked. The tenant died about 4 years ago and there was a new tenant and its been fine since but my friends son asked for new conditions from the council to renew and he got them, so renewed.

He originally had a 10 year lease at 80% of the original market rent, reviewed every 3 years. It was increased based on the HCPI once every 3 years. But the market rent far overtook the HCPI increases over the years with the result that the current rent they are paying him is about €500 less than if he let it to a new tenant now (i just checked my market rent on my LTL and it is indeed far below what current market rent would be even after the cocos increases so far, so check yours too). So he asked for it to be rebased and to have 85% of that from the council every month reviewed every 2 years based on the current market rate and not just the HCPI based increase and for assurances that if he ever requested that any tenant be removed after complaints form the MC that the council immediately remove them.

They said no at first but as the time got closer they came back to him and he got his requested new lease for 10 years. So now the base that they are working off is €500 more than what they were working off last year and he also now receives 85% of that into his bank account every month instead of 80%. They did offer him 25 years but he wanted to leave it at 10 years.

Talking to someone else I know who used to work in Kerry coco (not in the department that deals with leasing it has to be said, but in the know) he told me that of course they are trying to renew these leases before they come up for renewal because it would cost them a fortune to have to remove someone from a property (even if the tenant cooperated), fix the place up to the state it was given to them in and then find new homes for the people in them already, with the supply decreasing as the LTLs all come to an end and landlords leave the market.

Some councils are even offering to buy the properties but people would be mad to accept that with a property that is coming up to being empty and can go on the open market without a rent cap or tenant in it. You would be mad to let a council be the only bidder on that.

Also some councils are suffering because, lease is up, they cant move their current tenant because either they wont move or there is nowhere for them, so cant give property back to the owner, so then savvy owners are just saying well until you give it back the rent (to the council) is now 150% of current market rate as its a lease to the council, not an individual, so feel free to hand it back if you dont like the new rent, but until you give it back, thats the new rent.
 
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JamieB_ said:
Also some councils are suffering because, lease is up, they cant move their current tenant because either they wont move or there is nowhere for them, so cant give property back to the owner, so then savvy owners are just saying well until you give it back the rent (to the council) is now 150% of current market rate as its a lease to the council, not an individual, so feel free to hand it back if you dont like the new rent, but until you give it back, thats the new rent.
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How enforceable is this? Would the lease not stipulate the implications if the council fail to yield up?
 
No idea tbh. There is nothing about it in my lease anyway, but my lease is just the standard one the council gave me at the time. I should have negotiated on it but it never even crossed my mind at the time. All this is just conversations ive had. Havent been through it myself ... yet anyway.
But if a company leases property from you and doesnt give it back at the end of the lease then I dont see why you cant punish them financially for holding on to your property after they are not entitled to it any longer tbh. It definitely cant be the same one sided treatment as a tenant keeping your property for themselves where you just have to bend over and take it.

Imagine a shop owners lease for their shop is up. They wont be just hanging on to the shop when its due to go back to the owner who has other plans for it that are now up in smoke. Or even a farmer leasing your field decides that his cows are going to stay there after the lease is up. It would be interesting to see what happens in those cases.
 
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JamieB_ said:
Imagine a shop owners lease for their shop is up. They wont be just hanging on to the shop when its due to go back to the owner who has other plans for it that are now up in smoke. Or even a farmer leasing your field decides that his cows are going to stay there after the lease is up. It would be interesting to see what happens in those cases.
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Well in commercial leases the tenant usually has the right to extend as they choose, regardless, lease disputes and overholding in commercial contracts are not rare and often end up in the courts for resolution. That same legal route will be open to you should the council overhold on a lease.
 
Hi guys,

My 10 years finished last month and I'm having awful trouble with SDCC over the handback.

Just happened across this thread when googling any information I could to see if anybody else was having an issue, and I just created this account now, so if the mods need to move my post into a new thread - please do?

I'll give you guys an outline of where I am with them now - apologies for the lengthy text, but I'm just trying to capture a true state of affairs. I'd appreciate any feedback or suggestions you may offer.

Just to note, that the house has now been vaccant since last month – 23/09
  • 20/09/2015: Let 2-bed end of terrace house to SDCC
    • 10 year / 80% market rate / review every 2 years
  • 12/12/2022: SDCC contact me:
    • "Clúid Housing, the management agents who manage the property on behalf of SDCC have been in touch regarding repairs required to your property. An inspection is required to assess the property".
    • I meet SDCC Inspector and inspect house. Family of 5 in it. Tenant outlined leaks, mould, water ingress and whatever else.
    • Was told by Inspector that they'd be in touch with next steps. (Under contract I'm on the hook for anything structural which is fine)
    • No further contact this year.
  • Feb 2023 – May 2024: Despite numerous attempts – all my email, phone calls, letters, requests for access to the property to have my own independent inspection during this period all go unanswered and unacknowledged.
  • May 2024: Finally get an acknowledgement from SDCC - all very apologetic and promise to follow up with date for independent inspection. None ever occurs.
  • 18/12/2024: Registered letter re the above goes unanswered.
  • 16/01/2025: SDCC finally respond and agree to my request for an in-person meeting, during which;
    • I inform them that my personal circumstances had changed since initial issue arose (12/20222) in that my marriage ended and that I was/am renting a room since 12/2023
    • I inform them of my concerns, lack of co-operation and possible breach of lease agreement on their part and that this was concerning/urgent as it will be where I will be back living at leases' end.
    • All noted on their part though no clear action follows
  • 22/07/2025: SDCC send a letter to my former marital home (despite giving them my updated address May 2024) regarding renewal of the lease and a list of hoops I'd need to jump through in advance. The letter was posted 27/06 - but took a month for my Ex to then forward it to me at new address (And this after I already told them back in May that I'll be needing the place back for myself).
    • I reply, in writing, confirming I will not renew the lease and require vacant possession on or before 21 September 2025. I also highlight the misdirected letter of 27 June and request assurance that all future correspondence will be sent to my correct address.
  • July 2025 – Sept 2025: No contact or acknowledgment.
  • 16/09/2025: Nothing from SDCC despite lease ending in 4 days time, so I initiate contact again looking for clarity.
    • SDCC respond that client is handing back keys 22/09 and I can view property 23/09.
    • Following day SDCC cancel viewing and reschedule for Friday 26/09
  • 26/09/2025: After viewing I inform SDCC of what I'd consider needed urgent attention:
    • “Without going into full detail here, I’ve identified a number of pressing issues at 36A Birchwood Heights following re-entry. These include the utility meters being changed to pre-pay without my consent, and the house alarm and sensors having been removed, leaving the property insecure. There are also potential health hazards that need to be addressed urgently, including uncollected household refuse and food left in the fridge/freezer with no electricity supply, creating a risk of contamination and pests. For context, I’ve attached a couple of photos taken on Friday which illustrate the situation. What is the earliest an SDCC inspector can meet me on site so we can address this directly?”
And just to speed things up a bit now, I received no response, so:
  • 15/10/2025: I sent registered letter to Director of Housing escalating the issue and asking for a response.
  • 16/10/2025: I receive a letter acknowledging my correspondence and that they will have the appropriate people investigate
  • 22/10/2025:I receive an email from an individual directly involved in the matter – a named person in my complaint - saying:
    • "A full review of the matter is taking place..... blah blah blah......
    • .....we will come back to you with an update.........
    • ........we appreciate your patience while we carry out this process..... blah blah blah...
I couldn't believe that after escalating, SDCC were now asking a person directly involved to effectively investigate themselves! I hand delivered a letter to the office of the Director of Housing - pointing this out 23/10.

I acknowledged the individual's email last Friday and asked what has been done with the property over the past month, and when can I expect keys.

Then over the weekend I emailed a TD's office asking to intervene and while I was at it; I put in a FOI request for copies of any and all records, correspondence, emails, internal notes, meeting minutes, reports, inspection records, or communications — whether electronic or written — relating to the lease and return of my property.... etc.

Frankly, no private landlord would be permitted to operate with this level of disregard.

So that's it. I'm still renting a room, and I've no idea if SDCC will continue to pay rent on my house and I've no idea when I'll get my house back. Meanwhile, as of yesterday the house is still vacant and nothing has been started in the slightest.

It's not like I can keep a deposit because there was none to begin with, and this contract didn't need me to sign-up with the RTB so no point trying there either.

Any point in getting solicitor involved now do you think?, though can't imagine the courts can do a whole lot I'm guessing?
 

Attachments

Do you have keys? Can you just move back in yourself? Could you just write to the person in SDCC summarising all that has happened, telling them that you urgently need the house yourself, the lease has ended and that you are moving back in?

Maybe then contact a solicitor and see if you can sue them for the damage done by their tenants (obviously take pictures etc.)

La Haine said:
Frankly, no private landlord would be permitted to operate with this level of disregard.
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This is so true - the government and their agencies can do as they want with no consequences
 
You might want to remove the address from the post above.

I assume your contract says that they have to give it back to you in the same state it was given to them. So get you solicitor telling them that until they hand it back in the same condition they received it you are still charging them rent, but now at double the price that it was before as your lease has ended.
 
JamieB_ said:
I assume your contract says that they have to give it back to you in the same state it was given to them. So get you solicitor telling them that until they hand it back in the same condition they received it you are still charging them rent, but now at double the price that it was before as your lease has ended.
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Yeah, you can't do that.

They're overholding. You take eviction proceedings, and you sue them for the cost of reinstating the property to the condition in which it was handed over to them.
 
Update. My lease expired on November 1st 2025.
Same tenants remain in situation,
Decided few months previous to go with another 10 yr lease and informed the council.
Finally after months requesting an inspection one was carried out that is after lease expired.
Lucky me extractor fan in bathroom needs replacing and window handles etc for repair. All else in order.
In order for new lease sparks needs to inspect and sign off on electrics and new BER cert.
While I have lined up people to carry out the minor works. Very slow access to apartment to finish off minor works.
Rent continues but there is no way a new lease will be completed this side of Christmas.
Will keep all informed.
 
That seems crazy to me. The councils tenants are still in your property yet they expect you to do the repairs and get certs? I would be giving the council a choice, just extend the lease and they are responsible for everything, or hand it back empty and in the same condition you got it, as stated in the lease. See which one they choose.
 
Thanks JamieB. It is totally crazy. My rationale is as follows. The tenant in situ is a decent person who keeps the property well and has actually made a few improvements. She wishes to stay on long term.
I am a landlord of 23yrs and past experience not matter how good a tenant is any change over involves a few grand. Importantly time and hazzle.
A new BER cert and other bits and bobs that are required to bring up to code might cost 1k.
Outside of that I will not be undertaking any work.
 
There are different types of leases with the council.
Previously I had the property with them under RAS scheme where I was required to carry out repairs and register property in my name with PRTB.
Long term rental scheme I am not responsible for repairs/maintenance and do not register with PRTB.
 
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