Confused about new Rent Increase

joleen100

Hi All,

I know there is a few threads on already on this but I am still confused about rent increases and what is and isn't allowed.

I have being renting property since October 2013. Had rent increase in April 2015. The landlord now wants to increase the rent by a further €100 from June 2016. Under the new laws is this allowed or am I covered under the the 2 year rent freeze and he cannot increase the rent until April 2017? If I refuse the rent increase how much notice does he have to give me.

Any advice would be appreciated.

Thanks

Joleen

Tar.Aldarion

I believe you are now covered until 2017 Joleen, and they will have to give 90 days notice.

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

If your rent was reviewed at any time in the last 24 months, it cannot be reviewed again until 24 months after the date of the last review
Your landlord must give you proper notice of the amount of the proposed new rent and the date from which it is to take effect. The notice must be in writing, in a form that meets the requirements of legislation. Emails, text messages and spoken messages are not valid forms of notice. With effect from 4 December 2015, you must get at least 90 days’ notice (increased from 28 days).

joleen100

Thanks for that. I have feeling if I don't accept the rent increase he will move ahead to evict me. How much notice does he have to give me? There is only 7 properties available to rent in my town today 2 of which are houses (which is what I need for my family). So finding something suitable is going to be difficult. I have rang every letting agency and gave my details so hoping if something suitable comes up they may just call me.

Should I accept the increase but ask that he carries out work I previously requested i.e. improve the standard of the property?

FYI - I am good tenant, f/t employment, paid rent on time, looked after property (in better condition then I moved in, replaced items at my own expense).

Thanks

Butters1979

Eviction is not that simple. You are there since October 2013 and therefore have part IV tenancy rights until October 2017. The LL cannot evict you just because you won't except an illegal rent hike.

Any tenancy subject to a rent increase from January 2015 onwards cannot be reviewed for 2 years from that increase. As you have been told, you are good until April 2017.

Your LL either doesn't know this and should, or does know this and chancing his arm. Either way not your problem. Document any communication he has sent to you regarding this rent increase.

Tar.Aldarion

joleen100 wrote: »

Thanks for that. I have feeling if I don't accept the rent increase he will move ahead to evict me. How much notice does he have to give me? There is only 7 properties available to rent in my town today 2 of which are houses (which is what I need for my family). So finding something suitable is going to be difficult. I have rang every letting agency and gave my details so hoping if something suitable comes up they may just call me.

Should I accept the increase but ask that he carries out work I previously requested i.e. improve the standard of the property?

FYI - I am good tenant, f/t employment, paid rent on time, looked after property (in better condition then I moved in, replaced items at my own expense).

Thanks

After living 6 months in a property you are on a Part IV tenancy, which is a 4 year cyclic period of tenancy, he can't just evict you. There are very certain ways he can get you to go, like selling the house etc but you are reasonably safe to just turn down the increase citing the law. You should never agree to things like that in the hope they will follow through on their word to make things better.

If you have been renting for at least 6 months and haven't been served with a valid written notice of termination, you automatically acquire security of tenure and can stay in the property for up to 4 years. This security of tenure continues in in 4-year cycles.

So, after the first 6 months, your tenancy becomes what is known as a Part 4 tenancy – this refers to Part 4 of the Residential Tenancies Act 2004, which deals with security of tenure. If you have a periodic tenancy, you do not have to claim the Part 4 tenancy in writing, but you do need to claim it if you have a fixed-term lease – see below.

Further Part 4 tenancy
After 4 years of your tenancy have passed, your Part 4 tenancy ends and a new tenancy begins. You now have a further Part 4 tenancy. During the first 6 months of your further Part 4 tenancy, your landlord may end it at any time without having to give a reason – though you must get 112 days’ notice (16 weeks). After 6 months you again acquire security of tenure and you are now 6 months into a further 4-year cycle.

When you have acquired a Part 4 tenancy (or are over 6 months into a further Part 4 tenancy) your landlord can terminate your tenancy only in certain circumstances. For tenancies of 5 years or longer in duration, the Residential Tenancies (Amendment) Act 2015 (pdf) increased the amounts of notice that landlords must give, with effect from 4 December 2015.

If you want to leave and you do not have a fixed-term agreement, you do not have to give a reason, but you must give the correct period of notice in writing as required under the legislation – see ‘Ending your tenancy’ below. With effect from 4 December 2015, the Residential Tenancies (Amendment) Act 2015 increased the amounts of notice that tenants must give for tenancies of 3 years or longer in duration.

Claiming a Part 4 tenancy at the end of a fixed-term lease
If you have a fixed-term contract or lease and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property. You must do this between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.

If you do not notify your landlord, you cannot be refused coverage under Part 4, but you may have to compensate the landlord for any financial loss that they incur because you did not notify them of your intention to remain in the tenancy.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html#lef263
Inform them you want to stay on as a part IV tenant.

joleen100

Thank you for all that useful information. Lots to think about over the next few days.

This rent increase will really have me struggling financially. I have a good IT job with a good salary but very little pay rises happening in my company.

I just think he knows he has me over a barrel. He could easily say he is selling or needs it for family and I will be too stressed out finding somewhere else to live and I won't follow up. I am settled with my kids, their school. I live in a small town in the midlands and moved here away from my family, friends and my support system as I could not afford to live near them. Now I face moving even further away. Even if I don't accept the rent increase now he will next year and maybe even a larger increase.

I hate renting and the lack of security! I have no chance of ever buying when I am spending a large portion of my income on my rent.

Sorry for the rant

Tar.Aldarion

I would try and say about the law, most people wouldn't do as you suggest. A few people I know have already used the law and nothing happened.

Tigger

joleen100 wrote: »

Thank you for all that useful information. Lots to think about over the next few days.

This rent increase will really have me struggling financially. I have a good IT job with a good salary but very little pay rises happening in my company.

I just think he knows he has me over a barrel. He could easily say he is selling or needs it for family and I will be too stressed out finding somewhere else to live and I won't follow up. I am settled with my kids, their school. I live in a small town in the midlands and moved here away from my family, friends and my support system as I could not afford to live near them. Now I face moving even further away. Even if I don't accept the rent increase now he will next year and maybe even a larger increase.

I hate renting and the lack of security! I have no chance of ever buying when I am spending a large portion of my income on my rent.

Sorry for the rant

this is not a criticism
you need to stand up for yourself, people like on here can tell you you rights and give advice but you need to stand up for yourself
in this case he can't legally increase your rent till april 2017 and he can't pretend he needs it for family or to sell as he can now be followed up on this if he does
so explain that he can't review the rent and then be strong
i also suspect you could get a pay rise if you tried but that's an assumption on my part

April 73

I can understand why you might not want to end up in a disagreement with your landlord but I think you should stand up for your rights.
Tell him nicely that under the current rental laws your rent cannot be increased until April 2017 but that you will discuss the rental increase with him then.
(If he does try to evict you there are only a couple of options for him to try - selling or moving a family member in. If he does try, that tell him that you if you have to move out you will be noting whether or not the house is put up for sale or rerented & will take a case against him for illegal eviction if he has not been honest)
If he knows that you understand your rights & the laws behind them he may be very much more circumspect about what he can try.
You will be vunerable when your Part IV tenancy ends in October 2017 - keep that in mind. But that is nearly 18 months away - a lot can change between then & now.

Or you could ignore everything above because sometimes it's easier to compromise on what's right for what is expedient. Negotiate a much smaller increase by pointing out that he is not legally entitled to a raise but that you will meet him in some small way.
Its not right or fair though.