Invalid Rent Notice

stateofflux

stateofflux wrote: »

From the revised act:

(2) In the case of a tenancy which commenced before the coming into operation of
subsection (1), for the purposes of the amendments effected by that subsection,
where—
(a) a period of 12 months, beginning on the commencement of the tenancy, has not
elapsed before the day on which subsection (1) comes into operation, a review of
rent under that tenancy may not occur until a period of 24 months, beginning on
the commencement of the tenancy, has elapsed,

So if the tenancy was 12 months old or more when the new rules came in the rent can be reviewed now. So what I said is not incorrect it just depends on how old the tenancy is.

stateofflux

Boston Zealous Barnacle wrote: »

So if the tenancy was 12 months old or more when the new rules came in the rent can be reviewed now. So what I said is not incorrect it just depends on how old the tenancy is.

im pretty sure the date you moved in would be irrelevant. if you had a rent review in 2015, you cant have another one until 2017.

stateofflux

stateofflux wrote: »

im pretty sure the date you moved in would be irrelevant. if you had a rent review in 2015, you cant have another one until 2017.

But if you moved in in 2014 and haven't had a rent review yet you can be under 24 months in the tenancy yet still be able to have your rent review under the new rules.

Point being fits incorrect to say that you cannot have your rent reviewed if your tenancy is not 24 months old. There are various different scenarios which will have different rules.

Graham

For existing tenancies, the two year period for the first rent review since the introduction of the extended restriction, is counted from the later of (i) the commencement of the tenancy (where no rent review had taken place prior to 4 December 2015) and (ii) the most recent rent review date.

Source: McCann Fitzgerald http://www.mccannfitzgerald.ie/McfgFiles/knowledge/6714-The%20Residential%20Tenancies.pdf

rubberdiddies

Just be careful OP
If LL gets peed off by receiving a letter from the prtb he may well decide to increase your rent higher if your initial increase wasn't at market value.

Best to talk to him first

4ensic15

rubberdiddies wrote: »

Just be careful OP
If LL gets peed off by receiving a letter from the prtb he may well decide to increase your rent higher if your initial increase wasn't at market value.

Best to talk to him first

He can't review for two years so what is the problem?

newacc2015

4ensic15 wrote: »

He can't review for two years so what is the problem?

Because the Landlord has to have his property possible (more than likely) below market rate for 12 months, as they cant review their rents every 12 months to keep up with market rates like they used. They basically have to deal with a less rent over the term of their investment

rubberdiddies

4ensic15 wrote: »

He can't review for two years so what is the problem?

My point is valid if the LL is within his rights to do a review. The very fact that there's confusion over the rules is a problem in itself.

Graham

rubberdiddies wrote: »

The very fact that there's confusion over the rules is a problem in itself.

In which case I'd go to the PRTB and allow them to make the call.

RobbingBandit

Gone to PRTB can a mod please close as it is now an ongoing issue with them.

Thanks again for helpful advice will post again if resolved