Rent increase in new lease agreement

keisha30

hi ,
kinda similar problem here .
our lease ended 26th of October , before that we have contacted the agency many times regarding a new lease .
First we wast told that someone gonna contact us , then when we rang them again , we was told that whoever is looking after this , is on holidays and will contact us when he gets back ...
ok so we was waiting . of course nobody contacted us . Till yesterday .
We got a letter saying that they can rent apartment to us for another year , but they're increasing rent by €150 !
And if we wish to renew the tenancy agreement , the lease renewal will be dated from the lease expiry . or else we have 28 days to move out . We are shocked . also we can not afford that apartment anymore .
Is there anything what we can do right now ?
Thanks

Thomas D

You don't have to commit to a 12 month lease. Follow my guide to reduce the rent increase.

http://www.boards.ie/vbulletin/showthread.php?t=2057095045

The_Morrigan

OP I've moved your post to your own thread.
/Mod

The landlord is well within their rights to request an increase after the first 12 months of tenancy. Is the increase in line with rents in the area?

Scortho

They can raise the rent so long as it's in line with market rates.
They can't make you sign a new lease however, as your entitled to stay there under part 4.
If you wish to dispute the increase you can take a case with the prtb, however if they find in favour of the landlord the increase will be backdated and you'll have to pay the difference

djimi

keisha30 wrote: »

We got a letter saying that they can rent apartment to us for another year

How big of them. Its not optional on their part; once you are there for 6 months you are entitled to remain for up to 4 years. You do not need to sign a futher lease.

keisha30 wrote: »

but they're increasing rent by €150 !

They are entitled to review the rent once in a 12 month period, provided that the increased amount remains within market rates (ie it cannot be higher than what the landlord would get for the property from a new tenant should they put it back on the market).

€150 sounds high, but its impossible to say for sure without knowing what you are paying now and the area that you are living in.

Your options with this are to accept the increase, decline it and move out (giving the appropriate notice as per part 4 tenancy law; you will have to pay the increased amount while you remain in the property), or dispute it through the PRTB, which will take months to sort, during which time you can remain paying the current rate but if you lose the case then you will have to backpay the difference.

With a rent increase you are entitled to 28 days written notice of the increase. If you have not recieved this (a letter saying that they intend to increase the rent without a date on which this increase will take effect is not valid) then you can basically ignore it until they notify you properly.

keisha30 wrote: »

And if we wish to renew the tenancy agreement , the lease renewal will be dated from the lease expiry

The lease renews from the date you sign it. Its not their call to backdate it.

keisha30 wrote: »

or else we have 28 days to move out
Thanks

Under no circumstances (with the exception of anti-social behaviour) can they ask you to leave with 28 days notice, and certainly not for any of the reasons that you have described. If they with to terminate the tenancy using one of the valid reasons in the part 4 tenancy (landlords needs the property for themselves, wishes to sell etc) then they must give you 42 days notice. If you do not agree to the rent increase and wish to terminte then you must give them 42 days written notice. Under no circumstances can they penalise you for not signing the lease, nor can they penalise you for disputing the rent increase with the PRTB; if they try to evict for either of these reasons then it would be an illegal eviction and you would have a very strong case against them.

Daith

djimi wrote: »

Under no circumstances (with the exception of anti-social behaviour) can they ask you to leave with 28 days notice, and certainly not for any of the reasons that you have described. If they with to terminate the tenancy using one of the valid reasons in the part 4 tenancy (landlords needs the property for themselves, wishes to sell etc) then they must give you 42 days notice. If you do not agree to the rent increase and wish to terminte then you must give them 42 days written notice. Under no circumstances can they penalise you for not signing the lease, nor can they penalise you for disputing the rent increase with the PRTB; if they try to evict for either of these reasons then it would be an illegal eviction and you would have a very strong case against them.

Hey sorry for a quick hijack but kinda related. My lease is up in Feb 01/Jan31 I guess. If I move out on day lease finishes then that's it yeah? However if I stay even a day later then I've entered a Part 4 agreement and would have have to give 28 days (or appropriate notice) is that correct? I was just want to ensure I finish the lease without anything extra.

D3PO

Give notice regardless. If your not renewing let the EA / LL know in writing in advance. Its a grey area but if you have your i's dotted and your t's crossed your far better off.

djimi

D3PO wrote: »

Give notice regardless. If your not renewing let the EA / LL know in writing in advance. Its a grey area but if you have your i's dotted and your t's crossed your far better off.

Agreed. Notice isnt required when moving out at the end of an expiring lease, however in your case it would not hurt to give 28 days written notice (or 35 if you want to be seen to be keeping with the terms of the part 4 tenancy), just to be sure that there is no confusion.