Tenant ignoring rent increase letters

2rkehij30qtza5

Hi, I've a tenant renting my property for the last 3 years @ €850 per month. Rents in the area are now fetching €1,200 per month for the exact same property. My tenant is on a Part 4 and has never had a rent increase in 3 years since he started renting. I sent him a letter last month indicating a rent increase to €1,000 per month, which is still below market rate. I rang him and he answered and said he couldn't talk but would ring me back. He never did. I called to the house a few times but he won't answer the door. The letter clearly states the rent increase was due the following month. I actually would have negotiated with him and dropped it to €950 per month but he is completely ignoring me and has just paid this months rent but at the 'old' rate of €850 per month! I've no idea what to do! I would rather him get out so I can get someone else in who will pay market rate. I'm registered with prtb etc so no issues there. Maybe I should approach them? Anyone else encountered a similar experience and what did you do? Thanks

professore

Start eviction procedure? If as you say you can get 1200 for it then that's the thing to do.

Penny Tration

As he didn't dispute the increase, I'd be sending a 14 day notice of arrears letter to him (by registered post so you have proof he received it),followed by a notice of termination if he doesn't pay within the 14 days.

2rkehij30qtza5

professore wrote: »

Start eviction procedure? If as you say you can get 1200 for it then that's the thing to do.

But can I evict him if he is still paying rent...albeit not the rent I am currently asking of him?

shruikan2553

green_screen wrote: »

As he didn't dispute the increase, I'd be sending a 14 day notice of arrears letter to him (by registered post so you have proof he received it),followed by a notice of termination if he doesn't pay within the 14 days.

Exactly this. If he isnt disputing it with the PRTB then he is behind in rent. Just follow the procedure for a person who isnt paying rent as it is the same,

Penny Tration

Cash Thousands Gentleman wrote: »

But can I evict him if he is still paying rent...albeit not the rent I am currently asking of him?

You can't just up and evict him, no. You need to follow legal procedure. It doesn't matter that he's paying 'some' rent, he's not paying full rent and has not disputed the increase.

Do you have proof of him having received the letter? If not, I'd advise cutting your losses this month, send it again, but send it by registered post.

average_runner

If lease is up just kick him out.

Penny Tration

average_runner wrote: »

If lease is up just kick him out.

Don't do this. You can't just kick him out. He is on a part 4 tenancy.

2rkehij30qtza5

green_screen wrote: »

Do you have proof of him having received the letter? If not, I'd advise cutting your losses this month, send it again, but send it by registered post.

No..not from An Post. But I hand-dropped another one in the letter box though so he definitely got it!

Mad4simmental

I bet you wer glad of the $800 3 years ago! You up rent on a new lease not when you feel like it.

2rkehij30qtza5

Mad4simmental wrote: »

I bet you wer glad of the $800 3 years ago! You up rent on a new lease not when you feel like it.

He is not on a lease. He is on a part 4. I asked him to start new lease too so he is on a lease. Rents have increased. What he paid 3 years ago is of no relevance to what market rates are now. I am actually entitled to have increased the rent once every year but didn't even though rents went up every year in the area.

cson

Mad4simmental wrote: »

I bet you wer glad of the $800 3 years ago! You up rent on a new lease not when you feel like it.

The market bears what the market bears. OP has probably lost circa €2k in the last year if CMV of rentals in the area is 1200.

irishmover

Mad4simmental wrote: »

I bet you wer glad of the $800 3 years ago! You up rent on a new lease not when you feel like it.

Don't be ridiculous.

Penny Tration

Mad4simmental wrote: »

I bet you wer glad of the $800 3 years ago! You up rent on a new lease not when you feel like it.

No, you can raise the rent once in a 12 month period, in line with market rates. The tenant does not have to sign a new lease.

Galwaygirlee, dropping it in the door means you know he got it, but that isn't proof for thr prtb that he got it, if it comes down to you having to fight to get him out.

metroburgers

Cash Thousands Gentleman wrote: »

I sent him a letter last month indicating a rent increase to €1,000 per month, which is still below market rate. I rang him and he answered and said he couldn't talk but would ring me back

No..not from An Post. But I hand-dropped another one in the letter box though so he definitely got it!

Sorry, but imo this isn't proof he received it, you need to send registered post to prove tenant is informed of rent increase...

TheDriver

And u can't get them to sign a new lease....

quietsailor

TheDriver wrote: »

And u can't get them to sign a new lease....

If your talking about a fixed term lease that's even better from the Op's view - now there is no fixed term and the tenant isn't paying the rent or hasn't disputed it with the PRTB so the LL is entitled to evict and can do so legally.

If they do dispute it and you're on a Part 4 with them you're entitled to get them to vacate the house for other reasons - moving back in yourself or a family member moving in, major work on the house.

Op - talk to An Post, there are levels of registered post, one needs to be signed for, another is proof of delivery, no signature needed - called Express Post.

1. Follow the letter of the law on the PRTB site exactly - they have blank template letters you can download for the different notices.
2. Don't backdate ANYTHING.
3. Do you have texts/emails of when you informed the tenant of the rent increase?
4. Start a timeline of what you've done so far, get all the proofs you have and organise them neatly.

Funky G

OP - Just send a reg letter and get the ball rolling. They only cost about €5.25 afaik. No harm in keeping your solicitor and the PRTB in the loop.

In going forward, you should have been keeping an eye on your area with regards to market increases. No doubt your tenant would have left if the rates in your area went down. They would have been out the door at their own accord.

At least the tenant is paying you some money. If the end of the lease is up - no doubt that your tenant has Part 4 rights - its common practice to look at the rent rate at the end of the lease. Not sure if you can just raise the rents at a moments notice because you took your eye of the ball. No doubt more seasoned veterans here would answer it better but I would always review rents towards the end of a lease.

Have a read of this if its any help

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

handlemaster

When you send the registered letter ask for 1200. He will either ignore this or ask why you had up again either way. Just get rid.

Bigcheeze

Registered letter might not work. He may refuse to sign for it. Anyone who has any experience of dodging bills knows that registered letters are always bad news.

metroburgers

handlemaster wrote: »

When you send the registered letter ask for 1200. He will either ignore this or ask why you had up again either way. Just get rid.

Interesting way to get the tenant to acknowledge the original request for €1,000/month. Perhaps the Op would be better to ask for 14 pounds of Flesh and some tic tacs, or whatever the equivalent in euro is...

rubberdiddies

OP isn't running a charity and is entitled to the new level of rent.

I think you are being very fair in being willing to accept 950 when market value is 1200

If the tenant hadn't ignored the OP there would be no need for other tactics.

If it were me I personally at this stage, because he has ignored you increase it to €1100, however I get the impression this isn't you.

Best advice above is to start afresh and send a letter, registered or guaranteed delivery etc. also follow it up with a text and a phone call/voicemail.

Give him the benefit of the doubt and he may start to pay the new rate. Failing that you have a number if legal options available to you. Consult the PRTB

TheDriver

only problem is that you are only permitted one rent increase per year which has been communicated to the tenant so it could weaken your case by doing another increase already

foggy_lad

Op you mentioned that you called to the property a number of times, you should not do this again without first giving notice and agreeing a time and date with the tenant.

As for giving notice of the rent increase, you should put the letter into an envelope and tape this to the door and door frame so that the door can't be opened without disturbing the notice. Take photographs of the notice and have another person with you as a witness. Give 7 days for the tenant to respond then issue a notice of arrears and post one copy through the letterbox and tape a copy to the door and take pictures as before.

If then notice of arrears is ignored then proceed to the eviction notice in the same way the other notices were posted.

Remember that if you call to the door or ring the doorbell you are breaking the rules by denying the tenant peaceful occupation of the premises but you Rw allowed post notices through the letterbox and on the door itself.

metroburgers

TheDriver wrote: »

only problem is that you are only permitted one rent increase per year which has been communicated to the tenant so it could weaken your case by doing another increase already

That point wasn't about raising rent again, it was to incite a response from the tenant.

Fr. Ned

OP, If the tenant is messing you around just up the rent to the market price.
If he doesn't want to pay it, rent it to someone who does.

No Pants

Cash Thousands Gentleman wrote: »

I asked him to start new lease too so he is on a lease.

Has the tenant signed a new lease yet?

mdebets

foggy_lad wrote: »

Op you mentioned that you called to the property a number of times, you should not do this again without first giving notice and agreeing a time and date with the tenant.

As for giving notice of the rent increase, you should put the letter into an envelope and tape this to the door and door frame so that the door can't be opened without disturbing the notice. Take photographs of the notice and have another person with you as a witness. Give 7 days for the tenant to respond then issue a notice of arrears and post one copy through the letterbox and tape a copy to the door and take pictures as before.

That's not going to work. You only have proof that you posted it, not that the tenant received it. Neighbours, visitors or passers-by could have taken the envelop without the tenant ever going to see the letter (or so he could claim if he wanted to).

The_Morrigan

Mad4simmental wrote: »

I bet you wer glad of the $800 3 years ago! You up rent on a new lease not when you feel like it.

Constructive posts only please

fash

I'd try the 1100 rent increase too. If the tenant acknowledges the 1000 rent increase, the 1000 is backdated to that notice.
Also easier to accept whichever of the 2 figures the tenant is willing to accept.

Procedure:
1100 rent increase delivered personally by hand, take a witness.
Fails to pay following month (or pays the 1000 only), give written warning that failed to pay.
Then 2 week notice, then 4 week notice of termination

chopper6

Maybe the tenant's wages havnt increased in line with "market value".