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Part 4 with the new €100 tax

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  • 09-12-2011 3:16pm
    #1
    Darlughda
    Closed Accounts Posts: 1,886 ✭✭✭


    So, whats the story with being in a property, without a lease, 6 months have passed.
    So, Part 4 tenancy occurs. Landlord never appeared with lease. So, now I am hitting my seventh month with no lease.

    What happens now if he introduces a rent increase to incorporate the new €100tax, or with a lease?


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    #2
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    Residential Tenancies Act wrote:
    20.-(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur
    (a) more frequently than once in each period of 12 months, nor
    (b) in the period of 12 months beginning on the commencement of the tenancy.
    (2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.
    (3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from (a) the last review of the rent under the tenancy, or (b) the commencement of the tenancy, if, in that period—
    (i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and
    (ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.
    .


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    #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Darlughda wrote: »
    So, whats the story with being in a property, without a lease, 6 months have passed.
    So, Part 4 tenancy occurs. Landlord never appeared with lease. So, now I am hitting my seventh month with no lease.

    What happens now if he introduces a rent increase to incorporate the new €100tax, or with a lease?

    You contradict yourself - So, Part 4 tenancy occurs then you go on to say: So, now I am hitting my seventh month with no lease.

    You are quite right that you have a Part 4 tenancy agreement - it is unwritten and unsigned but you have the full backing of the laws as defined in the Residential Tenancies Act 2004, Part 4 (that is why it is called a Part 4 tenancy agreement!).Both your and your landlord's obligations are also defined in the Act.You should download a copy of the Act and therein you will also find about rent increases (as "not even wrong" has correctly quoted). However, it is the Landlord's responsibility to pay the new €100 tax but he will probably at some stage incorporate it into the rent you pay.

    However, it may be worthwhile to check if your tenancy is registered with the PRTB - an unwritten and unsigned lease rings bells for me. Having said that, it is more to your advantage if the tenancy is not registered as the landlord cannot make a claim against you, but you can against him. However, if he is not registered, he is defrauding the State and you are paying for that in your taxes.


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