Landlord to increase rent

The_Conductor

okagbue wrote: »

Hi Guys
So I am in private rented accommodation with my lease up in July. I just received a call from the letting agency advising from next month my rent will be increasing by €300. Now I told them that this is not legal especially in the middle of a lease. The girl said that as far as they are concerned it is. I said that I would only be paying the rent I am paying now until July and she said that that would put me in arrears and the landlady will be writing to me giving me notice.

Am I right in what I am thinking that they cannot give me notice. There are no other issues. Rent up to date, paid on time etc.

I want to send an email to the agency but can anyone advise me on the correct lingo to use.

OP- the landlord can review the rent annually- at any stage in the tenancy (doesn't have to be the start or renewal date of the lease)- but no more frequent than annually. Any proposed increase must be in keeping with local rates- aka if similar units in the vicinity are generating the proposed rent, and the last increase was at least 12 months previous- its legitimate- if these two conditions are not met- its not legitimate.

If the two conditions are not met- and the letting agency are refusing to budge- lodge an appeal with the PRTB- and you will win (note- while the appeal is open, you pay the current rent- however if the appeal is decided against you- the higher rent applies from the date at which it was notified to apply). If the two conditions are not met- you're home and dry on this one.

murphaph

beauf wrote: »

None of this has anything to do with the op topic.

The lack of any clear protection for LLs and tenants over many years causes most problems.

I think any right thinking person would be in favour of more protection for good tenants and landlords and no protection for bad tenants and landlords. From a landlord's perspective I see the PRTB's formation as addressing tenant's issues much more so than landlord's issues. The PRTB will not seek an injunction on behalf of a landlord with a destructive tenant, but they will seek one for a tenant who has been illegally evicted. This is a double standard that must be addressed.

I'd happily work within a system of strong tenant's rights so long as that system protected me (in a reasonable amount of time!!) from delinquent tenants. There are good landlords and good tenants out there that deserve each other and bad tenants and bad landlords that deserve each other equally. The system should be set up such that these groups find each other and it can be done (although I have no faith in the PRTB doing it) but is probably hard to implement without being able to positively identify tenants and landlords and this means some sort of standardised ID card....something "the continentals" have no problem with but something Paddy and John Bull cannot come to terms with at all.

djimi

The_Conductor wrote: »

OP- the landlord can review the rent annually- at any stage in the tenancy (doesn't have to be the start or renewal date of the lease)- but no more frequent than annually.

Im not sure that this is correct, and Threshold certainly do not agree with you on this. I did some research into this a few months back, and the general consensus was that a lease renewal is a rent review; if the rent is not changed on the renewed lease then it cannot change until that lease has expired. And thats leaving aside the fact that a lease is a legal agreement to pay X amount of rent over a 12 month period (and as such should not be allowed to be altered unless both parties agree to it).

The_Conductor

djimi wrote: »

Im not sure that this is correct, and Threshold certainly do not agree with you on this. I did some research into this a few months back, and the general consensus was that a lease renewal is a rent review; if the rent is not changed on the renewed lease then it cannot change until that lease has expired. And thats leaving aside the fact that a lease is a legal agreement to pay X amount of rent over a 12 month period (and as such should not be allowed to be altered unless both parties agree to it).

This is slightly at odds with the 2004 Act.
However- if you sign a lease specifying a rent to be paid periodically for a particular term- you then have a contractual agreement with the landlord.
Going by the Act- this could be reviewed once every 12 months- unless of course the landlord abdicates the right to review it, a right that exists in the Act, by virtue of how they word the lease. Stranger things have happened.

One way or the other- the physical lease is in addition to any rights the tenant has under the Act, and cannot diminish any rights defined in the Act. A landlord is however free to give away any or all of their rights- knowingly, or through poor drafting, of the lease.

I can't see anywhere in the Act where it infers the renewal date of the lease, is a rent review?

djimi

The argument that was made is that a renewed lease is a document drawn up and signed by the landlord, and if the rent amount is drawn into the lease (as it is in pretty much any lease I have seen) then that was the chance for the landlord to increase or decrease the rent. By the act of writing the rent amount to the lease it has been reviewed, even if the rent remains the same.

If the lease does not specify the amount of rent to be paid over the period of the lease then I suppose in that case it could open to a review during the lease. I probably should have specified this initially; I just assume (perhaps wrongly) that the rent amount is going to be written into the lease.

okagbue

Hi All

Thanks for your help on this. To be honest I am paying under the market rate at the moment. Most 3 beds in the area are about €1100 and I pay €950 so I was expecting an increase when my lease was up just not €300

The main thing that worried me was the fact that they said the increase was effective immediately but now I know how to approach the agency I don't feel so stressed...

I have had issues with the agency with things like taking ages to fix heating, promisong the earth moon and stars when I moved in and then nothing getting them lol.

Michael D Not Higgins

okagbue wrote: »

Hi All

Thanks for your help on this. To be honest I am paying under the market rate at the moment. Most 3 beds in the area are about €1100 and I pay €950 so I was expecting an increase when my lease was up just not €300

The main thing that worried me was the fact that they said the increase was effective immediately but now I know how to approach the agency I don't feel so stressed...

I have had issues with the agency with things like taking ages to fix heating, promisong the earth moon and stars when I moved in and then nothing getting them lol.

You said previously that they increased your rent already last summer. What was the increase?

okagbue

it was from 900 to 950

scotchannie

Hi
OP have you thought that the landlord might be wanting you to move out so he/she has decided to increase the rent beyond your means, and thus you will move out and she can have the apartment back to let out at the higher rate to some other gullible person...

just a thought.. :eek:

okagbue

Yea I have thought of that but I am going to put up a fight haha!!

Michael D Not Higgins

okagbue wrote: »

it was from 900 to 950

What area are you renting and where did you get your average rent figure for the area? In fairness, I think you've got a watertight case. Your rent review was less than 12 months ago and you have a lease to cover that. They can't collect any additional rent while you have an outstanding decision with the PRTB.

scotchannie wrote: »

Hi
OP have you thought that the landlord might be wanting you to move out so he/she has decided to increase the rent beyond your means, and thus you will move out and she can have the apartment back to let out at the higher rate to some other gullible person...

just a thought.. :eek:

They can't get them to move out if they lodge a complaint with the PRTB and they can't collect the additional rent before a decision is made. I think it's poor form from either the landlord or the letting agency. If they wanted the OP gone, they should have at least checked the law first.

beauf

scotchannie wrote: »

...to let out at the higher rate to some other gullible person...

Why is the OP and potentially someone else who rents the property "gullible" ?

TheDoc

beauf wrote: »

Why is the OP and potentially someone else who rents the property "gullible" ?

Prospective tenants are acting mental at the moment, and doing silly things under pressure.

Mentioned in another thread, but I was at a group viewing for a house last week. The advertised renting price was €1100, and the viewing had six couples. We walked through the hall into the living room and someone said "We'll take it". Immediately another coupled responded offering €1200

We were walking out when the auction had hit 1700 a month.

People are acting ****ing mental at the moment, and with supply so low, I'm not surprised if landlords do hike prices to try make a feq quid. Personally I'd be happier getting in a longterm tenant for a fixed price, rather then take a gamble on a few extra quid short term. But sure that's what people do, see $$$ signs and do silly things.

beauf

They would be gullible is the LL was asking above the market rate. But if theres a bunch of people all willing to offer the asking, or above. Then that is the market rate. I'd think long and hard about pricing out a good tenant. But a difference of €600+ a month is massive.