Tenants rights after part 4

mullser

Hi,

Just wondering if anyone here would be able to point me in the right direction.
My 4 year tenancy expires this week. My landlord increased rent once this year but insists they will not renew a lease without an increase of 400plus/month, not feasible for me! They want me to pack up and allow them to renovate and then offer me a short term lease eg 3-4 months at the increased rate. Again not very helpful as I have children to consider and different commitments. I am just wondering what rights if any I have. I haven't been issued a notice of termination, they've only verbally stated that they wont renew. Obviously being homeless is not an option but I'm just checking what rights if any I have. I didnt issue them with a notice to stay as I thought we had somewhere to move to, but this fell through.

Thanks in advance for any help

Stheno

How much notice did they give you?

And is rent in your area for a similar property at the increased level your landlord wants?

mullser

Stheno wrote: »

How much notice did they give you?

And is rent in your area for a similar property at the increased level your landlord wants?

No written notice. They implied verbally they wouldn't renew for less than a 300/month increase after my 4 years finish. I got a reference off them but nothing else. Can they now throw us out and change the locks? I am due to pay rent in the next few days.
The increase will be market rate for 3/4months and then they want a further increase afterwards. It's really not worth market rate at all.

Stheno

mullser wrote: »

No written notice. They implied verbally they wouldn't renew for less than a 300/month increase after my 4 years finish. I got a reference off them but nothing else. Can they now throw us out and change the locks? I am due to pay rent in the next few days.
The increase will be market rate for 3/4months and then they want a further increase afterwards. It's really not worth market rate at all.

Afaik you are entitled to112 days notice but I may be wrong

The landlord is entitled to increase the rent to market rate once in every twelve month period

athtrasna

Stheno wrote: »

Afaik you are entitled to112 days notice but I may be wrong

The landlord is entitled to increase the rent to market rate once in every twelve month period

OP has already stated they had a rent increase this year. Not sure why they would have agreed to that?

Stheno

athtrasna wrote: »

OP has already stated they had a rent increase this year. Not sure why they would have agreed to that?

Sorry missed that in the op!

mullser

Stheno wrote: »

Afaik you are entitled to112 days notice but I may be wrong

The landlord is entitled to increase the rent to market rate once in every twelve month period

But does the 112days apply even if a new lease isn't signed?
They say they can increase the rent again if they get us to leave for renovations and offer a new lease. The renovations are basically painting and some minor jobs.

mullser

athtrasna wrote: »

OP has already stated they had a rent increase this year. Not sure why they would have agreed to that?

Yes an increase at beginning of year. They say they can increase again to market rate if the lease expires and doesn't continue. And a new lease begins with an increase. I have argued this point and been shouted at.

Michael D Not Higgins

mullser wrote: »

But does the 112days apply even if a new lease isn't signed?
They say they can increase the rent again if they get us to leave for renovations and offer a new lease. The renovations are basically painting and some minor jobs.

Since you've been there 4 years the 112 days notice applies with or without a lease.

You now enter into a 6 month period where the landlord can ask you to leave without any reason (but must give the 112 days notice). After that they can charge whatever they want, however, messing you around by issuing notice of termination and getting you back at a much increased rent is likely to be seen poorly by the PRTB and you may have a case for illegal termination/illegal rent review.

godtabh

Does the notice not reset at the end of the part 4 period?

Michael D Not Higgins

godtabh wrote: »

Does the notice not reset at the end of the part 4 period?

No, there appears to be a lot of confusion on what happens from one part 4 to another. If you're there over 4 years the notice period is 112 days regardless of anything else. the right to tenure is reset and is again regained after a 6 month period for another 3 years 6 months.

mullser

Michael D Not Higgins wrote: »

Since you've been there 4 years the 112 days notice applies with or without a lease.

You now enter into a 6 month period where the landlord can ask you to leave without any reason (but must give the 112 days notice). After that they can charge whatever they want, however, messing you around by issuing notice of termination and getting you back at a much increased rent is likely to be seen poorly by the PRTB and you may have a case for illegal termination/illegal rent review.

That's what I thought but wasn't sure. It's a fairly confusing area. Theyve said they wont issue a written termination and something about different interpretations of what PRTB state re terminations at end of lease.
I'm just worried about them changing locks etc as I'm not there at the minute. Is the best course for me to continue paying rent as normal, due tomorrow? And take up a dispute if they don't issue a notice of termination. I'm happy to move as it's been a head wreck recently. But obviously I need to secure somewhere to live first.
Threshold have said they can't just chuck us out but landlords are insistent they are within their rights to increase again within the 12 months.

Michael D Not Higgins

mullser wrote: »

That's what I thought but wasn't sure. It's a fairly confusing area. Theyve said they wont issue a written termination and something about different interpretations of what PRTB state re terminations at end of lease.
I'm just worried about them changing locks etc as I'm not there at the minute. Is the best course for me to continue paying rent as normal, due tomorrow? And take up a dispute if they don't issue a notice of termination. I'm happy to move as it's been a head wreck recently. But obviously I need to secure somewhere to live first.
Threshold have said they can't just chuck us out but landlords are insistent they are within their rights to increase again within the 12 months.

Just head them off and open a dispute with the PRTB. You can withdraw it if the landlord backs down.

mullser

Michael D Not Higgins wrote: »

Just head them off and open a dispute with the PRTB. You can withdraw it if the landlord backs down.

Just head them off?!
Dispute seems like the best option at the min.