Long term tenant rights ( 50 years)

MichaelRS

Does anyone know of a site for landlords/ tenents where I can get information re the rights of long term tenants ?

I ask as a reluctant landlord who would like to know :

1. if i can raise the 17€ a month rent to a fair market value ( and how to go about this)

2. if the wealthy daughter who lives with her mother ( the tenant) has a right to stay in the property if the tenant passes away.

Any advice appreciated.

salamanca22

Sounds like you need a solicitor. I have no idea if tenants with a tenancy of that length have grandfathered rights or not but a landlord is entitled to a rent review once per 12 month period. The rent can not be increased past the current market value. To do this you must inform the tenants of your intent to increase the rent with a 28 days notice.

As far as I know you have no right to inherit a tenancy in Ireland if the main tenant passes away, I could be wrong about this which is why you need to visit a solicitor.

antoinolachtnai

There is some information here

http://www.prtb.ie/dispute-resolution/rent-tribunal/rent-tribunal-faqs

http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,1999,en.doc

But really you are looking at a trip to the solicitor who will have to research the whole thing for you and decide the best option which is likely to end up involving a trip to Court. It will not be cheap but you really don't have much choice.

In general terms, if it is a controlled tenancy, the daughter may well have rights.

Victor

There had been a category of protected rents, but as far as I know, that is now gone. Have a read here. http://www.citizensinformation.ie/en/housing/renting_a_home/rent_increases.html

Note that you will also have to comply with minimum standards. http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

4ensic15

Victor wrote: »

There had been a category of protected rents, but as far as I know, that is now gone. Have a read here. http://www.citizensinformation.ie/en/housing/renting_a_home/rent_increases.html

Note that you will also have to comply with minimum standards. http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

There are formerly rent controlled properties which operate under a\ different regime to other residential lettings. Rent is set by a tribunal which is now in fact a division of the PRTB.
The o/p gives no information as to how the lease was formed or other essential terms, so no comment can be offered.
There are no succession rights for formerly rent controlled tenants.

Thargor

Any more background to this story OP?

newacc2015

salamanca22 wrote: »

Sounds like you need a solicitor. I have no idea if tenants with a tenancy of that length have grandfathered rights or not but a landlord is entitled to a rent review once per 12 month period. The rent can not be increased past the current market value. To do this you must inform the tenants of your intent to increase the rent with a 28 days notice.

As far as I know you have no right to inherit a tenancy in Ireland if the main tenant passes away, I could be wrong about this which is why you need to visit a solicitor.

AFAIK tenants in properties over 20 years have a totally different set of rights to your run of the mill tenant. There was a fair amount of 20 year tenancies when my parents were getting into buying rental properties. Estate agents used to warn some buyers totally against them, as the tenants had special rights

Honestly OP you need to go to a solicitor. Here is info that may or may not still be valid.If it is. You will need to speak with a solicitor. According to this leaflet, you may have to go to the courts to increase their rents.

http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,1997,en.pdf

MichaelRS

Thank you all for the replies.

Is there conflicting information here ?

From the link posted by newacc

After 1st September 2009 no significance will attach to a tenancy having lasted
for 20 or more years. Where a tenancy has lasted 20 years before that date, the
tenant will be entitled to apply for a long occupation equity lease only until 1st
September 2009 and then the entitlement will be gone. Where the tenancy has
lasted less than 20 years but could reach 20 years before 1st September 2009 if not
terminated before then, the tenant will be able to irrevocably renounce his/her
entitlement to claim a long occupation equity lease in return for being allowed
to continue as tenant of the dwelling

As the tenant did not apply for the long occupation equity lease,it appears they are 'regular' tenants

As 4ensic15 stated,rent from old tenancies ( over 20 years) can be set at the RENT TRIBUNAL, the administrative functions of which are now carried out by the PRTB.

The Rent Tribunal, established in August 1983, was set up to fix the terms of tenancy including the rent of the dwellings formally controlled under the Rent Restrictions Acts 1960-1981. The Tribunal may determine new cases or may review cases previously determined by the District court or by the Tribunal itself. The Tribunal determines applications on the basis of written submissions made and can include oral hearings.

I need to find out if the rent restricted lease the tenant has is still valid or if they have lost this protection due to not having applied for a the long occupation equity lease before 1st September 2009.

I'll contact a solicitor and the rent tribunal and report my findings.