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Lease renewal/Raise in rent

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  • 11-02-2016 8:11pm
    #1
    PirlosBeard
    Registered Users Posts: 13 ✭


    Hi folks,

    Renting an apartment for the past 2 and a half years on an initial 1 year lease, month to month since then which we were happy with as the landlord hadn't spoke to us about raising the rent.

    Landlord gave notice in November of rent increase in January. We requested a new lease at this stage in order to confirm the increase in writing and to give ourselves a bit of security for the next year. We have yet to receive it and have had very little contact with the landlord since the notice was given.

    Have we any right to this new lease?
    Is two months sufficient notice for an increase?

    Sources of information would be appreciated.

    Thanks.


Comments

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    #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Have a read up on your Part IV tenancy rights and the new 90 day notice requirements.


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    #3
    quadrifoglio verde
    Registered Users Posts: 3,670 ✭✭✭quadrifoglio verde


    MarkAnthony wrote: »
    Have a read up on your Part IV tenancy rights and the new 90 day notice requirements.

    Would 90 days apply if the notice was given before the new legislation in December?


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    #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    quadrifoglio verde wrote: »
    Would 90 days apply if the notice was given before the new legislation in December?

    Pass hence my hedged and vague reply :pac:


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    #5
    TheShow
    Registered Users Posts: 1,157 ✭✭✭TheShow


    quadrifoglio verde wrote: »
    Would 90 days apply if the notice was given before the new legislation in December?

    its keeping within the legislation so I would say yes, but that's just my own opinion.

    Best thing to do is contact PRTB/Threshold and they might be able to give you more sound advice.


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    #6
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    If notice was recieved by you before December 4th when new legislation was enacted and was valid under existing rules prior to that date, then the new rules do not apply. There was a raft of rent increases by landlords before new legislation came in.


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    #7
    CiboC
    Registered Users Posts: 524 ✭✭✭CiboC


    Even if the increase was notifed to you before Dec 4th it still has to be a 'formal' notification in writing - from your post it sounds like you didn't get this, was it just verbal? If so you have not been formally told of the increase yet and new rules would apply.

    Might be an idea not to push the point to hard as the LL can increase it anyway (It sounds like it hasn't been increased since you started?) but I would certainly use it as a bargaining chip to try and limit the increase?

    You are already on a part IV tenancy so you don't have to sign another lease.


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    #8
    PirlosBeard
    Registered Users Posts: 13 ✭PirlosBeard


    The notice was received in writing so we have no issue with the increase.

    Having read a bit I'm happy that the 2 months was enough notice.

    Just a further question on the lease issue..

    If one of the signatories on the original lease(3 people named) moved out and was replaced by another, would a new lease be required? The new person has obviously not signed a lease at this stage.

    Would this be considered the start of another 4 year cycle?


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