Refuse rent hike, can I be evicted?

zl1whqvjs75cdy

Hello all. I'll keep this brief. I'm in a fixed term lease until June. The rent was increased when I signed this lease last June. So with the new legislation I'm under the impression that the rent can't go up again. But if I refuse the increase can the landlord end my tenancy in June at the end if the lease and get rid of me?

Thanks

Dk

Aint Eazy Being Cheezy

Nope. Lodge a prtb case.

zl1whqvjs75cdy

Cheers. I figured that alright. I'll get back to him and lay down the law. Literally.

Aint Eazy Being Cheezy

I think there's templates you can download to reject the increase, stating which grounds etc. Play about on Google for a bit, or someone else with more knowledge than me might point you.

godtabh

Of course he can end your tenancy in june. Assuming its a fixed term lease as long as he gives the correct notice he hasnt done anything illegal.

zl1whqvjs75cdy

godtabh wrote: »

Of course he can end your tenancy in june. Assuming its a fixed term lease as long as he gives the correct notice he hasnt done anything illegal.

But if he then re advertises with increased rent that's illegal no? Otherwise what's the point of the legislation?

Graham

godtabh wrote: »

Of course he can end your tenancy in june. Assuming its a fixed term lease as long as he gives the correct notice he hasnt done anything illegal.

What's to stop the OP claiming a part 4 tenancy?

godtabh

Graham wrote: »

What's to stop the OP claiming a part 4 tenancy?

Landlord just has to give the correct notice. You can't have it both ways

Graham

godtabh wrote: »

Landlord just has to give the correct notice. You can't have it both ways

After the first 6 months you acquire rights to security of tenure, even if you have a fixed-term tenancy (of 1 year, for example) – read more in our document on security of tenure for private tenants.

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Aint Eazy Being Cheezy

godtabh wrote: »

Landlord just has to give the correct notice. You can't have it both ways

Are you sure? The way you're describing it sounds like each year is a seperate tenancy, instead of a continuation of one, and subject to the restrictions on rent increases.

godtabh

Aint Eazy Being Cheezy wrote: »

Are you sure? The way you're describing it sounds like each year is a seperate tenancy, instead of a continuation of one, and subject to the restrictions on rent increases.

Are 6 months you get part 4 rights.

Keane2baMused

The landlord has the right to increase the rent, within reason.

He cannot however end the tenancy and re-market it at a hiked price. That is illegal. He can end the tenancy if there are renovations or if a family member needs it however.

Graham

godtabh wrote: »

Are 6 months you get part 4 rights. The landlord can issue notice of the relevant period to coincide with the end of the fixed term period. It's not rocket science

Are you absolutely sure?

Following the expiration of the fixed term period however, if the tenant has exercised his rights under Part 4, to extend his tenure for the remainder of the Part 4 tenancy of 4 years, the landlord can from then on, rely on the provisions of Section 34.

http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy

rebelwithcause

godtabh wrote: »

Are 6 months you get part 4 rights. The landlord can issue notice of the relevant period to coincide with the end of the fixed term period. It's not rocket science

You are wrong there, if the tenant has been there for 1 year, they already have Part iV tenancy rights and the landlord can't issue a notice if termination except for very specific reasons such as either selling it, or him or a family member moving in. If he breached this the tenant has as trong case with the PRTB. No new lease need to issue at all.

testaccount123

godtabh wrote: »

Are 6 months you get part 4 rights. The landlord can issue notice of the relevant period to coincide with the end of the fixed term period. It's not rocket science

What are you talking about. Tenancies work in four year cycles here, your landlord cant just decide to evict you at the end of a fixed term.

Clampdown

Give written notice that you intend to go into Part 4 tenancy and state that as the rent was already reviewed and increased last year, it cannot be increased for another 2 years. You can download a copy of the residential tenancy act to attach with relevant sections highlighted. Sounds a bit OTT but unfortunately as a tenant in Ireland you often have to make landlords aware of the laws as they don't know them, or even if they do, they assume tenants don't and try to take advantage. And some just don't care and try to bully tenants into increases out of fear of becoming homeless.

Do not sign anything agreeing to the rent increase. You have no need for a fixed term lease if you don't want one and they can only ask you to vacate if they are selling or want to live there or have a family member live there, or you go into arrears.

The fact that your lease is up does not mean your tenancy is up or that the landlord has the opportunity to increase the rent again. If he has already done it to you within the previous 2 years he can't. But many landlords fail to understand this and try to celebrate every anniversary of every tenants move in date with a rent increase and think a new lease MUST be signed. Also, he can only increase it to the current market rate.

But all of these rules are very tough to enforce. It's a bad situation for renters if you are in an area in high demand the landlords are trying to get top dollar at all times. You have to fight your corner and keep good records, keep all correspondence and do everything in writing.

zl1whqvjs75cdy

Thanks everyone. I'll have a proper read of the legislation at the weekend as there seems to be some conflicting info in here. My initial feeling was he can't evict and then re advertise at a higher rent but id like to be sure. I'll report back once I get through the full document.

Tar.Aldarion

After 6 months you are in a part 4 and they can't give notice apart from in very specific circumstances. This will apply for 4 years and then they can give notice before a new period of four years begins.

Clampdown

Clampdown wrote: »

Give written notice that you intend to go into Part 4 tenancy and state that as the rent was already reviewed and increased last year, it cannot be increased for another 2 years.

If it was increased last year it can be increased next year not in two years.

Mrs OBumble

Tar.Aldarion wrote: »

After 6 months you are in a part 4 and they can't give notice apart from in very specific circumstances.

However rent arrears is one of those circumstances.

Del2005

How long does the landlord or family member have to live in the place before it can be put up for rent again?

Michael D Not Higgins

Del2005 wrote: »

How long does the landlord or family member have to live in the place before it can be put up for rent again?

6 months, or a first refusal to the old tenant must be offered.

The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—

(a) specifying—

(i) the intended occupant's identity and (if not the landlord) his or her relationship to the landlord, and

(ii) the expected duration of that occupation,

and

(b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—

(i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and

(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.

Michael D Not Higgins

Michael D Not Higgins wrote: »

6 months, or a first refusal to the old tenant must be offered.

Realistically the old tenant will have got a new place and signed a lease before moving out so a LL can offer them first refusal long before the 6 months knowing well they will refuse it.

TheChizler

OSI wrote: »

It shouldbe noted that you MUST notify the landlord you are claiming a part 4 tenancy though. You can't just retroactively claim it when things get hairy.

Except that's totally incorrect, part 4 rights are automatic. I'm not sure where people get this idea that you have to specifically claim them, it's constantly being stated, and corrected, here.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

There is an obligation to give notice that you intend to stay on past the end of the lease, but that doesn't affect your rights. It just means that you won't be liable for costs the landlord wastes readvertising the property etc.

Michael D Not Higgins

Cali Harsh Mesh wrote: »

Realistically the old tenant will have got a new place and signed a lease before moving out so a LL can offer them first refusal long before the 6 months knowing well they will refuse it.

You could retroactively open a dispute for illegal eviction if they're taking the piss though.

ckblackrock

rebelwithcause wrote: »

You are wrong there, if the tenant has been there for 1 year, they already have Part iV tenancy rights and the landlord can't issue a notice if termination except for very specific reasons such as either selling it, or him or a family member moving in. If he breached this the tenant has as trong case with the PRTB. No new lease need to issue at all.

Wondering what the situation is re. a tenancy agreed for 11 months, where the owner needs use of the property for a family member for 1 month each year. Does the tenant get Part IV rights? this would be a genuine situation, family members home for 1 month each year and needing somewhere to stay.

Mrs OBumble

ckblackrock wrote: »

Wondering what the situation is re. a tenancy agreed for 11 months, where the owner needs use of the property for a family member for 1 month each year. Does the tenant get Part IV rights? this would be a genuine situation, family members home for 1 month each year and needing somewhere to stay.

The tenant gets part IV rights - but also gets the legally required notice that the LL requires the house for a family member so is ending the tenancy. For a tenancy less than 1 year, that notice is 35 days.

The challenge would be what to do if the tenant overholds: potentially you could end up with no house for the family member, and a tenant who refuses to pay rent.

Butters1979

ckblackrock wrote: »

Wondering what the situation is re. a tenancy agreed for 11 months, where the owner needs use of the property for a family member for 1 month each year. Does the tenant get Part IV rights? this would be a genuine situation, family members home for 1 month each year and needing somewhere to stay.

As far as I'm aware the family member needs to occupy the property 6 months minimum for a tenant to be evicted so this would not be legal.

Butters1979

Butters1979 wrote: »

As far as I'm aware the family member needs to occupy the property 6 months minimum for a tenant to be evicted so this would not be legal.

Renting rooms seperately and keeping access to the common areas thus keeping the people there as licensees rather than tenants is probably the only way to operate in this arrangement.

Michael D Not Higgins

Butters1979 wrote: »

As far as I'm aware the family member needs to occupy the property 6 months minimum for a tenant to be evicted so this would not be legal.

No, that's the minimum occupation whereby the landlord would not require to offer a tenancy to the previous tenant on the family member leaving. There's nothing stopping an 11 month tenancy with a family member taking over for a month, but the law says the landlord must give the old tenant an option of taking the property again.

I'm not sure on tenure lengths in this arrangement and whether the break in occupation means they need to be there for 6 months again for Part 4 rights.

Butters1979

Michael D Not Higgins wrote: »

No, that's the minimum occupation whereby the landlord would not require to offer a tenancy to the previous tenant on the family member leaving. There's nothing stopping an 11 month tenancy with a family member taking over for a month, but the law says the landlord must give the old tenant an option of taking the property again.

I'm not sure on tenure lengths in this arrangement and whether the break in occupation means they need to be there for 6 months again for Part 4 rights.

Hmm, then it sounds messy but to be honest I'm not sure at all. It would be a weird situation that I doubt any tenant would put up with for so long anyway.