Advice needed. Rent increase

RVN10

Hi guys , just a quick question if you could answer please?

Im living in a 2 bed house since start of January on a month by month lease , the landlord called around a couple days ago to let us know of a rent increase of 150 effective in the next 28 days. Just wanted to check is it possible for our rent to be increased within first 12 months ?

murphaph

RVN10 wrote: »

Hi guys , just a quick question if you could answer please?

Im living in a 2 bed house since start of January on a month by month lease , the landlord called around a couple days ago to let us know of a rent increase of 150 effective in the next 28 days. Just wanted to check is it possible for our rent to be increased within first 12 months ?

No it can't be increased until January at the earliest.

RVN10

I was basically told if i could not afford this ,then I need to give the landlord 28days notice. So pay it or get out.

quadrifoglio verde

RVN10 wrote: »

I was basically told if i could not afford this ,then I need to give the landlord 28days notice. So pay it or get out.

Take a case with the prtb. If you've been there less than 12 months then he cant increase the rent.

RVN10

And they can not do this regardless if i'm on a month by month basis ? They do also have any grounds to ask me to leave if prtb side with me ?

the world wonders

RVN10 wrote: »

And they can not do this regardless if i'm on a month by month basis ? They do also have any grounds to ask me to leave if prtb side with me ?

You have been there for more than six months so you now have Part 4 rights and can only be asked to move out in certain limited circumstances (e.g. landlord wants to sell the property or wants to move a relative in).

It is illegal for a landlord to increase rent more often than once every 12 months:

http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html#sec20

20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—


(a) more frequently than once in each period of 12 months, nor


(b) in the period of 12 months beginning on the commencement of the tenancy.

RVN10

Thanks for the help guys , he also had the cheek to say we should be lucky that he wasnt increasing it by 250 to keep up with current market

The Spider

I'd like to see some people who've actually gone through the PRTB process and won comment on some of these threads, there always seems to be a lot of advice thrown out about run to the PRTB do this do that.

I've never once seen anybody come on and say, "the same thing happened to me so this is what we did, and this worked."

Be careful of advice from people who seem to know a lot of theory but no practice.

The_Morrigan

The Spider wrote: »

I'd like to see some people who've actually gone through the PRTB process and won comment on some of these threads, there always seems to be a lot of advice thrown out about run to the PRTB do this do that.

I've never once seen anybody come on and say, "the same thing happened to me so this is what we did, and this worked."

Be careful of advice from people who seem to know a lot of theory but no practice.

Spider, the PRTB & threshold are the go to resources for tenancy problems - what do you expect people to advise posters?


OP, the world wonders is correct in their post, the landlord can't just threaten you with rent increases outside the scope of the RTA 2004.
Ring Threshold for chat, they can advise you how to deal with the landlord before you may need to lodge a complaint with the PRTB.

Mrs OBumble

OP, the landlord cannot legally increase your rent within the first 12 months. But he can try to do so illegally.

Also, you cannot legally rent a place "month by month". As others have said, after the first six months are over there are particular laws that apply to how much notice the landlord had to give you AND how much you have to give the landlord. The longer you stay for, the longer the notice period becomes (eg I've been in my place over 4 years, so have to give 8 weeks notice, unless the landlord agrees to less, and the landlord would have to give me I think 16 weeks unless I agree to less).

You need to think about how difficult the landlord could make things if he/she wants to apply an illegal rent increase. Because tenancy is a civil matter the guards cannot help if the LL is breaking the law. Threshold give advice, and the PRTB are the "complaints board" - but neither of then will be there on the day if the LL changes the locks, for example. So you need to think long and hard about whether the fight is worth it or not.

salamanca22

The fact is the landlord cannot legally increase the rent in the first year of tenancy and after that can have a rent review every 12 months. So the soonest that the landlord can apply a rent increase would be January 2015.

If they so decide to increase the rent it cannot exceed the market rate for the area you are living in so have a look at daft and see what the current prices are. Take about 10% off as asking rents are rarely the actual paid rents unless you are living in dublin city. You can also see the PRTB rent index here where you can see average rent rates for your area.

If you think the new rent is not in line with market rates you can apply to the prtb to adjudicate the dispute and in the meantime you will continue to pay the current rate you have always been paying however be warned if the prtb decide the new rate is fair then you will be paying back rent back to the date on the notice. I.E the first month the rent was meant to increase.

Here is my advice re the landlord trying to raise the rent before the time they are legally allowed to do so. First off have a chat with your landlord stating your rights as a part 4 tenant and a lease holder that the rent cannot be increased in the first 12 months of the tenancy and that you refuse to negotiate any rent increase before then. Tell the landlord that you are open to negotiations after the 12 months but until then you will disregard any talk or notice regarding it.

If the landlord tries to bully you into the rent increase even after all this then it is time to get in contact with both threshold and the PRTB who will help you as best they can. You can not be evicted as long as you keep paying your rent. If the landlord tries to strong arm you out of the abode then the prtb will fine them a lot of money and you will be awarded a settlement.

Good luck.

on_my_oe

The Spider wrote: »

I'd like to see some people who've actually gone through the PRTB process and won comment on some of these threads, there always seems to be a lot of advice thrown out about run to the PRTB do this do that.

I've never once seen anybody come on and say, "the same thing happened to me so this is what we did, and this worked."

Be careful of advice from people who seem to know a lot of theory but no practice.

I did, and I laid out all the other associated issues I'd had, including (what I perceived to be) threats.

Three days before the hearing, the letting agency decided to discuss it with me (which I'd previously requested) - net result, no increase.

I then called the PRTB to withdraw my complaint, and explained why; their response 'glad they came to their senses, because we would have found against them' or words to that effect.

It depends on everyone's situation as to whether they feel they're able to go through the process, including any tension with the LL. In my case, it was a win.

The Spider

on_my_oe wrote: »

I did, and I laid out all the other associated issues I'd had, including (what I perceived to be) threats.

Three days before the hearing, the letting agency decided to discuss it with me (which I'd previously requested) - net result, no increase.

I then called the PRTB to withdraw my complaint, and explained why; their response 'glad they came to their senses, because we would have found against them' or words to that effect.

It depends on everyone's situation as to whether they feel they're able to go through the process, including any tension with the LL. In my case, it was a win.

That's more like it, that means your advice has some validity, and should be taken. My point is that there's a lot if advice thrown around willy nilly about going to the PRTB and none based on personal experience, I'd take all advice that isn't based on experience with a large pinch of salt.

Nothing to do with the OP's problem, for what it's worth the landlord sounds like an ass, I've had plenty of his type in the past, I'd probably start looking elsewhere, oh and I'd look at using the deposit as the last months rent, sounds like this guy won't be giving it back. On the plus side he can't go running to anyone complaining either when he's renting out on a 'month by month' basis.

murphaph

Month to month tenancy is the norm after initial lease period expires. The tenant has the protection of Part IV.

D3PO

The Spider wrote: »

I'd like to see some people who've actually gone through the PRTB process and won comment on some of these threads, there always seems to be a lot of advice thrown out about run to the PRTB do this do that.

I've never once seen anybody come on and say, "the same thing happened to me so this is what we did, and this worked."

Be careful of advice from people who seem to know a lot of theory but no practice.

Dont be so lazy if you take the time to search tribunal results you could answer your own question.

The facts are clear the LL cannnot increase the rent within 12 months on the basis rent can only be reviewed 1 per 12 calendar months. Given the acceptance of terms to move in that is considered a "review" of the rental terms so correctly people are telling the OP to go to the PRTB and lodge a dispute.

chopper6

Change the locks yourself and squat the place..sounds like the landlord doesnt deserve fair play.

The_Morrigan

chopper6 wrote: »

Change the locks yourself and squat the place..sounds like the landlord doesnt deserve fair play.

Do not advocate illegal actions on this forum. This is a breach of the forum charter.



Folks, I'm sick to my back teeth telling people to stop advising posters to breach the RTA 2004 - anymore advice like this and I will start issuing bans.

mariosuarez

If you print out the law that states it cannot be increased and show it to him, I'm sure he will be quiet........ until January when he is entitled to increase it and may increase it by 160-250 instead to make up for the extra money he wanted this year.

You may win the battle but he could win the war.

The_Conductor

salamanca22 wrote: »

Take about 10% off as asking rents are rarely the actual paid rents unless you are living in dublin city. You can also see the PRTB rent index here where you can see average rent rates for your area.

Cork and Galway are even more cut-throat than Dublin- supply is horrifically constrained there too. Its not accurate advise to suggest you take 10% off asking prices to come up with an accurate barometer- we've just let an apartment in Galway for almost 40% above our asking price- we had an open viewing- several professionals approached us offering above our asking rent, and in one case one couple offered 3 months deposit, and agreed to sign a 2 year lease.

The situation in Galway is even tighter- than the tightest parts of Dublin........

Crusades

The_Conductor wrote: »

Cork and Galway are even more cut-throat than Dublin- supply is horrifically constrained there too. Its not accurate advise to suggest you take 10% off asking prices to come up with an accurate barometer- we've just let an apartment in Galway for almost 40% above our asking price- we had an open viewing- several professionals approached us offering above our asking rent, and in one case one couple offered 3 months deposit, and agreed to sign a 2 year lease.

The situation in Galway is even tighter- than the tightest parts of Dublin........

Probably because working people are now forced to compete with RAS clients.

Funnily enough, there is huge supply in Galway (2,500 properties for sale) compared to Dublin (3,200).

daft.ie/ireland/houses-for-sale/?s[area_type]=on&s[advanced]=1&s[map_search]=1

The_Conductor

Crusades wrote: »

Probably because working people are now forced to compete with RAS clients.

Funnily enough, there is huge supply in Galway (2,500 properties for sale) compared to Dublin (3,200).

daft.ie/ireland/houses-for-sale/?s[area_type]=on&s[advanced]=1&s[map_search]=1

Not rentals in Galway city itself.......

And of those you've listed as 'for sale' in both Galway and Dublin- a significant number are only nominally for sale to keep the banks happy.......

Have a look at the rental markets in Dublin, Galway and Cork- anyone trying to rent in any of the cities- is in trouble........

salamanca22

The_Conductor wrote: »

Cork and Galway are even more cut-throat than Dublin- supply is horrifically constrained there too. Its not accurate advise to suggest you take 10% off asking prices to come up with an accurate barometer- we've just let an apartment in Galway for almost 40% above our asking price- we had an open viewing- several professionals approached us offering above our asking rent, and in one case one couple offered 3 months deposit, and agreed to sign a 2 year lease.

The situation in Galway is even tighter- than the tightest parts of Dublin........

Apologies I did not know that was the case. In Limerick I have found the opposite with me being able to negotiate at least 10% off the advertised rent.

Crusades

The_Conductor wrote: »

Not rentals in Galway city itself.......

And of those you've listed as 'for sale' in both Galway and Dublin- a significant number are only nominally for sale to keep the banks happy.......

Have a look at the rental markets in Dublin, Galway and Cork- anyone trying to rent in any of the cities- is in trouble........

Bar the student rush (pretty much over now), the only explanations is there being a bit of a frenzy.

I think the Zeitgeist outside Dublin is controlled much more easily - the type of people who watch the 6-1 and 9 o'clock news, listen to Marian Finucane, read establishment newspapers and read local newspapers are the type of people who believe Galway is "special" and that the "bad times are over" (i.e. the "boom times" are back). The establishment have been pushing this message for some time now and a lot of people are swallowing it. Of course the people most likely in this frame of mind drive in and out of their permanent jobs and think people who are "only renting" are underachievers (even though they know what real work is and have the fear of losing their job constantly hanging over them).