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Request increase in deposit

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  • 19-03-2014 3:47pm
    #1
    GGTrek
    Registered Users Posts: 834 ✭✭✭


    I inherited from the previous owner of a property I bought a tenant on RA that pays the rent in arrears. I am quite fine with the arrangement since the Department of Social Affairs pays the rent directly to my account on a weekly basis and the tenant pays the balance of the rent regularly at the end of each month.

    His fixed term 12 months lease expires on 9th of May and then it becomes a month to month lease (i.e. a part 4 tenancy). The lease states that "EUR .... payable monthly and as arranged and agreed with the tenant by the landlord for the period of 12 months and thereafter from month to month to be terminated by one months notice to expire on any day not necessarily a gale day".

    My questions:

    1) Am I right to assume that since 6 month in his lease have already expired he is already in a part 4 tenancy?

    2) If point 1 is false, my intention is to give him a notice of termination and propose a new lease where more deposit is required since he is paying in arrears. Since he is a good tenant I am not very willing to increase the rent, but I have been stung lately by another RA tenant not paying his last month of rent before quitting and leaving the apartment very dirty (deposit would not cover his last month rent + cleaning)

    3) If point 1 is true then my only option is to give him a notice of rent review, can I ask for a bigger deposit in a rent review or only ask for a bigger rent?

    4) Could anyone recommend a good letting/management agent that manages properties in the Dublin 7 area. You can PM me if forum rules do not allow advertising. Please avoid recommending agents that also act as estate/sale agents, their company needs to be focused only on lettings.

    Thank you


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    GGTrek wrote: »
    1) Am I right to assume that since 6 month in his lease have already expired he is already in a part 4 tenancy?

    Yes, this is the case. After 6 months, part 4 rights are automatically acquired.
    GGTrek wrote: »
    3) If point 1 is true then my only option is to give him a notice of rent review, can I ask for a bigger deposit in a rent review or only ask for a bigger rent?

    I am not aware of anything in the tenancy act that says that the tenant is obliged to agree to a larger deposit as part of a rent review.


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