Moving out - advice please (worried about bond)

MonaPizza

I signed a one year lease over a year ago and it has since expired, in august. I have always been on time with the rent. When I moved in the place was nice but need a bit of cleaning and decorating, which I did myself. Also many appliance started to break down which the landlord repaired or replaced pretty promptly. So you could say I was a model tenant. So since my year lease was up in August I have simply continued to pay the rent as usual. Is this the normal thing to do? I would think so if you're happy enough to stay in a place then why not? I figured the year lease stipulation is simply to give the landlord a bit of security from fly-by-night merchants who just up sticks after a month or two and he has to put it on the market again and again.

Anyway I recently received a text message from the landlord telling me that the lease is up and asking if I wanted to renew it. This was 2 months after expiry. Also that the rent was going up by 100 a month. The place is already expensive enough as it is so I don't want to renew a year long contract for the new price. There are still a few things wrong with the place. Extractor fan has died and one or two other things. This increase didn't even come a month before the next rent due date. I will be moving out but would prefer to stay another month or two while I'm searching. So do I have to pay the increased rent? Do I have to sign a new 1 year lease or put my stuff on the footpath at the end of the month?

Pretty cheeky to text me with this crappy news and so suddenly too with little notice.
Also the place is actually in better nick than when I moved in but I still get the feeling that the landlord will try to dick around with the security deposit.
What is my protection there?

Thanks

djimi

Im not sure that a text message counts as the required written notice of a rent increase, and even if it does you are entitled to 28 days before the increase takes effect.

If you do not wish to pay the increased rent then you are free to give notice and leave (42 days written notice for a tenancy lasting 1-2 years). In this time you can continue to pay the old rent amount until you leave.

At no stage can a landlord insist that you sign a new lease; its your choice if you want to remain on a part 4 tenancy; something that you are entitled to do for up to 4 years. I would advise that you read up on the part 4 tenancy for your own benefit.

The landlord is entitled to review the rent once in a 12 month period, and can increase so long as it remains in line with the market average (defined as the rent that the landlord could expect to get should they put the property back on the rental market). If the rent increase would bring the rent over this amount then you could challenge the increase with the PRTB. You will most likely be waiting a number of months before the case is heard, during which time you can remain in the property and continue paying the old rate of rent. If the PRTB rule against you however you would be liable to pay the difference from the date as per the written notice of rent increase.

Its up to you whether you wish to challenge the increase or not; €100 probably doesnt bring it outside of market rates unless its very high to begin with.

In terms of getting your deposit back there isnt much you can do really (short of not paying your last months rent, which is illegal). Provided you give sufficient written notice and leave the place in good state of repair and cleanliness, there is no reason to think that you wont get your deposit back. If the landlord starts trying to be funny then again you can take a case with the PRTB. It is a slow process but the only one available for matters like this.

D3PO

djimi wrote: »

Im not sure that a text message counts as the required written notice of a rent increase, and even if it does you are entitled to 28 days before the increase takes effect.
.

given I recently saw a PRTB case where a text message was accepted as valid notice to a tenant I would suggest a text regarding the increase in rent is valid.

odds_on

Rent increases by a landlord must have certain information and dates:
1. It must be in writing
2. It must be at least 28 days before the rent increase takes effect.
3. it must state the amount of the new rent.
4. It must state the date from which the new rent will take effect.

If the tenant feels that the new rent is higher than the "market rent" he should make a claim with the PRTB before the rent new rent takes effect -i.e. the tenant has at least 28 days to make the claim.

In the case of a claim the tenant should be able to show that other similar nearby properties are not achieving the same rent.

If the OP decides to vacate, he should ask for a pre exit inspection several weeks before the vacating date, so that any issues may be pointed out by the landlord, giving the tenant time to remedy the issues. Do not leave it to the last moment or when actually vacating as this is liable to cause problems.

djimi

D3PO wrote: »

given I recently saw a PRTB case where a text message was accepted as valid notice to a tenant I would suggest a text regarding the increase in rent is valid.

Fair enough. I would have thought it to be the least reliable method of written communication, but if the PRTB are happy to accept it then so be it!

The_Conductor

Is there any reason that you are fearful that you may not get your deposit back? Seems like you have a reasonable relationship with your landlord. Rents have gone up in the last year- whether or not an additional 100 a month is reasonable or not- I can't tell- I don't know where the property is, what other similar units are renting for- or indeed, if the landlord were to seek new tenants, what they may be likely to pay.

It would appear that the PRTB are now accepting text communications, in lieu of their stated 'written notification'- so it would appear to be a valid notification of rent increase. The landlord is entitled to review the rent annually- and the review does not need to correspond with the rental period, or indeed, the lease period.

If you do like the property, have been a good tenant, and get on well with the landlord- how about going back to the landlord with a counter offer- aka- you're willing to sign a lease for another 12 month period providing the rent remains the same, or increases by say 50, but not the 100. It would save the landlord on advertising/agency costs, and of course there could be a short period of vacancy where the unit wasn't generating rental income. If you have been a good tenant- it certainly is worth your while to sit down and talk to the landlord- its not in either your or their interests for you to simply up sticks and leave.

quietsailor

djimi wrote: »

Fair enough. I would have thought it to be the least reliable method of written communication, but if the PRTB are happy to accept it then so be it!

yet texting would be more reliable and importantly provable than a verbal communication - that's why I'd prefer to text or email any contact with a tenant or tradesperson working on my house -> there is a trail of evidence that can't be denied by either side

odds_on

quietsailor wrote: »

yet texting would be more reliable and importantly provable than a verbal communication - that's why I'd prefer to text or email any contact with a tenant or tradesperson working on my house -> there is a trail of evidence that can't be denied by either side

Certain documents require the author's signature - a Notice of termination, for example. Therefore, even an email may be considered as invalid.

However, a notice of rent increase does nor require the author's (landlord's signature) thus a text is permissible.

djimi

quietsailor wrote: »

yet texting would be more reliable and importantly provable than a verbal communication - that's why I'd prefer to text or email any contact with a tenant or tradesperson working on my house -> there is a trail of evidence that can't be denied by either side

A text could be easily denied by either side in fairness; I have often not gotten text messages that have been sent to me, for a variety of reasons such as problems with the network and problems with the phone.

I agree that it is worth more than verbal communication, but thats not really saying much! If you want something to have undeniable traceability then send it via registered post. Nothing else could be considered a foolproof and traceable method of communication (with the exception of maybe an email with a read receipt, but who ever clicks Yes to those?!!).

quietsailor

i agree that registered post is the most "undeniable" but I remember threads here on boards (not in the Accom forum) where the recipient refused to accept the letter so in that case it can't be proved a letter was delivered to the correct person.

It's madness, there is no absolute proof

djimi

I think in tenany law it allows for a notice to be pinned in an area where it cannot be missed by the tenant (ie pinned to the front door) as written notice that cannot be denied.

odds_on

quietsailor wrote: »

i agree that registered post is the most "undeniable" but I remember threads here on boards (not in the Accom forum) where the recipient refused to accept the letter so in that case it can't be proved a letter was delivered to the correct person.

It's madness, there is no absolute proof

You can post it personally through the letterbox of the house/apartment/property with a witness watching. You can also photograph the posting of it through the letterbox. It does not actually have to be sent by An Post.

In England there is a recorded delivery, where the recipient does not have to sign but the post office guarantees that a letter has been delivered. I Thought An Post had a similar service, but I fail to find its name on their web site.

djimi

odds_on wrote: »

In England there is a recorded delivery, where the recipient does not have to sign but the post office guarantees that a letter has been delivered. I Thought An Post had a similar service, but I fail to find its name on their web site.

I think that it is something that was offered by An Post but they stopped it for whatever reason.