Landlord wants to raise the rent

tmc86

Hi All,

Hopefully someone will be able to give me an idea of where my housemate and I stand in relation to our situation;

We signed a one year rental agreement in August 2012 running to August 2013 via an agency.

I contacted the agency in August re a contract renewal as we hadn't heard from them. The agent asked us if we were happy to stay and we said we'd be interested but there's a few things that need sorting to which he said he'd contact the landlord.

Didn't hear anything back and we've now been living there paying rent since then. So all in all 18months.

Out of the blue this week the agency rings saying the landlord wants to up the rent by €100. Whilst this is less than I thought it would be out of principal and the cheek of both agency and landlord we obviously don't want to agree. (rent is due next week so he obviously wanted to try and get us to agree in time)

My question is where do we stand with a lease? (yesterday the agency offered to backdate the tenancy to August)

Can a landlord up the rent mid way through a lease agreement or does it have to be negotiated at time of signing?

Thanks

The_Conductor

The landlord can review the rent once a year- it doesn't have to be at the signing of a lease, and as you didn't sign a formal lease last August, you effectively have a Part 4 tenancy, come what may. As you haven't had a rent-review since you commenced residency in August '12- the landlord is well within his (or her) rights to review the rent now. Note- any reappraisal must be in keeping with the market rate for the area- aka he can't jack it up above the going rate.

djimi

Landlord can review rent once in a 12 month period, once the tenancy is not covered by a fixed term lease that states the rent amount. The notice must be given in writing, no less than 28 days before the increase is due to take effect.

You do not need to sign a further lease in order for a rent increase to take effect; just staying in the property and not contesting the increase is enough to signal that you accept it. There is no legal obligation on you to sign a further lease, and ther landlord cannot insist on it for any reason, nor can they terminate the tenancy if you dont sign a lease.

The things that need sorting are really a seperate issue from the rent increase; you cannot refuse the rent increase on the grounds that there are issues that you would like sorted. You can of course use it as a negotiating tool (we will agree to the increase if you agree to fix X Y and Z), however there is nothing to say that the landlord has to agree to those terms.

foggy_lad

Sounds like ye are there on a part 4 tenancy rather than a lease since ye heard nothing back from the agent or landlord. The landlord is entitled to review and raise the rent every 12 months if there is no lease in place but the increase should be within the market rate for the area and type of property.

tmc86

Great, thanks very much for the prompt replies all.

I've just read up on the part 4 tenancy and that clarifies where we are, seems like we are well protected that way.

I will ask for the rent increase in writing and we will send him our list of maintenance issues to negotiate. They are aware is list is coming!