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Rent increase without lease document

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  • Registered Users Posts: 2,234 ✭✭✭Meesared


    Ok, so with a bit of digging I found my rent had increased last on 1 January 2014, I'm sorry if my information is a bit vague, It is a little bit difficult to find it sometimes!


  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Meesared wrote: »
    Ok, so with a bit of digging I found my rent had increased last on 1 January 2014, I'm sorry if my information is a bit vague, It is a little bit difficult to find it sometimes!

    So a year has passed and the landlord is now requesting another increase.

    The lease being out of whack is a mystery, was the lease you signed last March backdated to Jan 2014 to cover the increase? When does the existing lease expire?


  • Registered Users Posts: 2,234 ✭✭✭Meesared


    So a year has passed and the landlord is now requesting another increase.

    The lease being out of whack is a mystery, was the lease you signed last March backdated to Jan 2014 to cover the increase? When does the existing lease expire?
    It was a 6 month lease, so it expired in September, it wasn't backdated though not overly sure why to be honest!.


  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Meesared wrote: »
    It was a 6 month lease, so it expired in September, it wasn't backdated though not overly sure why to be honest!.

    Right so you don't have a live lease?


  • Registered Users Posts: 2,234 ✭✭✭Meesared


    Right so you don't have a live lease?
    Yes, that is correct


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  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Meesared wrote: »
    Yes, that is correct

    You do realise that when I asked that question before you said you signed one not long ago.


    Right. Seeing as you don't have a current lease and it's been a year since your last increase the the landlord is allowed to increase your rent and you're not automatically entitled to a lease.


  • Registered Users Posts: 2,234 ✭✭✭Meesared


    You do realise that when I asked that question before you said you signed one not long ago.


    Right. Seeing as you don't have a current lease and it's been a year since your last increase the the landlord is allowed to increase your rent and you're not automatically entitled to a lease.
    Sorry I must have missed that.
    But ok fair enough about the lease, now another point, is being informed by text message an acceptable form of notice?
    Also what about the amount the rent has increased by, would it be counted as above market rates?


  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Meesared wrote: »
    Sorry I must have missed that.
    But ok fair enough about the lease, now another point, is being informed by text message an acceptable form of notice?
    Also what about the amount the rent has increased by, would it be counted as above market rates?

    Text messages have been deemed acceptable in the past.
    No one here can comment on whether it's above market rent or not. Check out the rents in your area on daft.ie.


  • Registered Users Posts: 2,234 ✭✭✭Meesared


    Ok, thank you for your help!


  • Registered Users Posts: 23,535 ✭✭✭✭ted1


    Beaner1 wrote: »
    He doesn't need a lease be he has to supply valid notice. Ignore him and continue paying the old rate. The clock only starts ticking when he delivers a letter with the new rate and with appropiate notice.

    Play dumb until he satisfies these conditions.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0022.html#sec22

    A text is considered written notice


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  • Registered Users Posts: 5,063 ✭✭✭Greenmachine


    What do you mean 'how you have been renting'?

    The only notice stipulated for rent increases in legislation is 28 days. That is the minimum notice to be given.

    Apoligies I should have asked "Was noticed period, based on how long, you have been renting"

    Seems a little surprising that after more than three years the rent can be increased with a months notice. Leaves very little time to budget an extra €150 pm in this case.


  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Apoligies I should have asked "Was noticed period, based on how long, you have been renting"

    Seems a little surprising that after more than three years the rent can be increased with a months notice. Leaves very little time to budget an extra €150 pm in this case.

    Well a rent review can only be carried out once a year so tenants should prepare for it.
    They can of course lodge a dispute with the PRTB if they feel it is above market rates for the area, this freezes the increase until a decision is made. Tenant will have to pay any difference from the initial date though if the prtb rule in favour of the landlord.
    They can also try negotiate with the landlord to meet a middle ground or give notice to leave.


  • Registered Users Posts: 5,063 ✭✭✭Greenmachine


    Well a rent review can only be carried out once a year so tenants should prepare for it.
    They can of course lodge a dispute with the PRTB if they feel it is above market rates for the area, this freezes the increase until a decision is made. Tenant will have to pay any difference from the initial date though if the prtb rule in favour of the landlord.
    They can also try negotiate with the landlord to meet a middle ground or give notice to leave.

    This much I know, but the notice period to vacate would be longer than the notice period of an increase.
    I assumed they would be the same. I know differently.


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