Three rent increases in a month

The_Morrigan

grumpydwarf wrote: »

I am worried if I dispute the increase the letting agent will give me notice to leave and the 28 days for disputing the increase ends the day before the six months end. I hope if I dispute the increase by letter the receivers (as owners) by the time they get around to looking at it I will have entered into Part 4 (the receiver is PWC). The PRTB website said to notify the landlord, not the letting agent.

Have you contacted the letting agent to find out why they sent you three letters in such a short space of time?

djimi

grumpydwarf wrote: »

I am worried if I dispute the increase the letting agent will give me notice to leave and the 28 days for disputing the increase ends the day before the six months end. I hope if I dispute the increase by letter the receivers (as owners) by the time they get around to looking at it I will have entered into Part 4 (the receiver is PWC). The PRTB website said to notify the landlord, not the letting agent.

They have no grounds to ask you to leave. They cannot penalize you for disputing the rent increase.

davo10

The_Morrigan wrote: »

...because the landlord can not terminate the fixed term lease while it is still active unless the tenant has been in breach of the lease.

http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy

Technically this means he can only serve notice to quit on six months +1 day and if the tenant has already given notice to stay and operate under part 4, instead of renewing the lease for another 6 months or more, then the landlord must adhere to the termination provisions for a Part 4 tenancy.

Yes but that is termination during a lease eg tenant has 12 month lease and LL wants to terminate after 8 months. In this case OP has 6 month lease, does not have Part 4 yet and lease is coming to an end. LL is not terminating, he may be giving notice that it will not be renewed.

OP I took it from your post that 6 month lease was ending next week, now you are saying if you apply to PTSB that after 28 days, lease will end a week later, does that mean lease is actually up in 5 weeks time?

I'm a little confused by this, the issue of rent increase seems to be a nailed down wrongful act by the LL but until the Part4 kicks in, I don't see how OP has a right of tenancy beyond midnight on the last day of the lease.

The_Morrigan

odds_on wrote: »

Under which section of the RTA or other law, does it say that a landlord cannot serve a notice of termination during a fixed term lease provided the NoT expires during a subsequent Part 4 tenancy?

To be honest odds_on, I don't understand your question.

djimi

davo10 wrote: »

Yes but that is termination during a lease eg tenant has 12 month lease and LL wants to terminate after 8 months. In this case OP has 6 month lease, does not have Part 4 yet and lease is coming to an end. LL is not terminating, he may be giving notice that it will not be renewed.

OP I took it from your post that 6 month lease was ending next week, now you are saying if you apply to PTSB that after 28 days, lease will end a week later, does that mean lease is actually up in 5 weeks time?

I'm a little confused by this, the issue of rent increase seems to be a nailed down wrongful act by the LL but until the Part4 kicks in, I don't see how OP has a right of tenancy beyond midnight on the last day of the lease.

One thing that you dont seem to understand is that from a landlords point of view a tenancy does not just expire; they must give proper notice of termination. There is no such thing as a landlord saying to a tenant that they will not be renewing the lease; that means absolutely nothing legally (other than the tenant will roll onto a part 4 unless the tenant decides to leave).

grumpydwarf

davo10 wrote: »

OP I took it from your post that 6 month lease was ending next week, now you are saying if you apply to PTSB that after 28 days, lease will end a week later, does that mean lease is actually up in 5 weeks time?

The notice of first letter of increase ends the day before the lease ends; the other two letters notice periods are after the lease ends.

The_Morrigan wrote: »

Have you contacted the letting agent to find out why they sent you three letters in such a short space of time?

No - Im too afraid incase they give me notice to leave. They already told me they will take away my carpark if I don't pay the extra money. Plus one of the agents is often in the apartments as his girlfriend lives here and he has screamed and yelled at me in the elevator and carpark

djimi

grumpydwarf wrote: »

No - Im too afraid incase they give me notice to leave. They already told me they will take away my carpark if I don't pay the extra money. Plus one of the agents is often in the apartments as his girlfriend lives here and he has screamed and yelled at me in the elevator and carpark

If you have this in writing then get onto the PRTB and raise a case against them. That basically amounts to extrortion and is highly illegal.

davo10

grumpydwarf wrote: »

The notice of first letter of increase ends the day before the lease ends; the other two letters notice periods are after the lease ends.


No - Im too afraid incase they give me notice to leave. They already told me they will take away my carpark if I don't pay the extra money. Plus one of the agents is often in the apartments as his girlfriend lives here and he has screamed and yelled at me in the elevator and carpark

When does the lease you signed end, next week or 5 weeks?

The_Morrigan

grumpydwarf wrote: »

The notice of first letter of increase ends the day before the lease ends; the other two letters notice periods are after the lease ends.


No - Im too afraid incase they give me notice to leave. They already told me they will take away my carpark if I don't pay the extra money. Plus one of the agents is often in the apartments as his girlfriend lives here and he has screamed and yelled at me in the elevator and carpark

Fabulous behaviour from a professional.

Ring them, tell them that you've received three different letters and ask them to clarify the situation - you can't bury your head in the sand and ignore this.

Also, contact these guys and make a complaint about the behaviour of the agent - http://www.npsra.ie/website/npsra/npsraweb.nsf/page/index-en

If he behaves in that manner again in the complex call the Gardai.

grumpydwarf

djimi wrote: »

If you have this in writing then get onto the PRTB and raise a case against them. That basically amounts to extrortion and is highly illegal.

I don't He just yelled and screamed at me in the carpark.

The first notice ends on 13 March; the lease ends on 15 March.

davo10

djimi wrote: »

One thing that you dont seem to understand is that from a landlords point of view a tenancy does not just expire; they must give proper notice of termination. There is no such thing as a landlord saying to a tenant that they will not be renewing the lease; that means absolutely nothing legally (other than the tenant will roll onto a part 4 unless the tenant decides to leave).

You are right Djimi, this is the thing I do not understand. I understand Part4 tenancy rights, I understand that you have to be there for at least 6 months. I don't understand what stops a LL from giving the required notice to a tenant who has a 6 month contract before the 6 month mark that the tenancy will not be renewed after the 6 month term and before the Part 4 kicks in.

The link provided by Morrigan would seem to refer to termination of a lease by a LL before it's expiration and after the tenant has acquired Part 4 rights.

I'm not saying you are wrong, I'm just looking for a definitive explanation as this will aid OP when he/she talks to LL.

I'm also a little confused about the references to a receiver, has OP been informed of a change in LL's identity and bank details?

djimi

To be perfectly honest, if it were me I would be looking for any way I could find to move out of that property. Life is too short to deal with pricks like that and there are plenty of decent landlords our there who know the law and are prepare to respect their tenants.

sunnysoutheast

davo10 wrote: »

You are right Djimi, this is the thing I do not understand. I understand Part4 tenancy rights, I understand that you have to be there for at least 6 months. I don't understand what stops a LL from giving the required notice to a tenant who has a 6 month contract before the 6 month mark that the tenancy will not be renewed after the 6 month term and before the Part 4 kicks in.

The link provided by Morrigan would seem to refer to termination of a lease by a LL before it's expiration and after the tenant has acquired Part 4 rights.

I'm not saying you are wrong, I'm just looking for a definitive explanation.

Would the notice period and end of the six month lease not coincide, both being at midnight at the end of the sixth month?

I have seen the question of whether a LL can issue a valid NoT during a fixed duration lease argued a few times now without ever seeing anything definitive. Personally I don't see why they can't.

djimi

davo10 wrote: »

You are right Djimi, this is the thing I do not understand. I understand Part4 tenancy rights, I understand that you have to be there for at least 6 months. I don't understand what stops a LL from giving the required notice to a tenant who has a 6 month contract before the 6 month mark that the tenancy will not be renewed after the 6 month term and before the Part 4 kicks in.

The link provided by Morrigan would seem to refer to termination of a lease by a LL before it's expiration and after the tenant has acquired Part 4 rights.

I'm not saying you are wrong, I'm just looking for a definitive explanation as this will aid OP when he/she talks to LL.

Because for the notice to expire to coincide with the end of the lease it would have to mean that the final day of the notice occured during the fixed term lease (on the final day), and this is not legal. The earliest point at which the tenant could legally be asked to leave the tenancy is at 00:00 on the day after the 6 month lease expires, at which point they have acquired part 4 rights.

To be honest, if someone can provide a link that disproves what I am saying then I am more than happy to be proven wrong!

davo10

sunnysoutheast wrote: »

Would the notice period and end of the six month lease not coincide, both being at midnight at the end of the sixth month?

I have seen the question of whether a LL can issue a valid NoT during a fixed duration lease argued a few times now without ever seeing anything definitive. Personally I don't see why they can't.

I 100% agree, I read these threads because as a LL they are informative and I love when posters can provide a link to definitive answers to problems which regularly occur for both tenants and LL's. I wish three was a Government website with examples of all these problems and the answers which referenced the associated legislation. It would cut out a lot of guessing and misinterpretation of the info that is available.