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Increase In Deposit To Match New Rent

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  • 25-05-2016 12:56pm
    #1
    Dumb Juan
    Registered Users Posts: 80 ✭✭


    Hi,

    I was wondering has this ever happen to anyone else & what happened in your circumstance

    It has almost been two years since we stated renting our apartment and the landlord has serve notice of her intention to increase the rent. She has given plenty of notice and the new rent is in line with other apartments in our block.

    However she has also asked for our security deposit to be increased to the same sum of one month of the new rent, the increase in the new deposit will be €250. Can she do this?

    If this happened to you did you pay the increased deposit?


    Many Thanks.


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


    Potentially a dispute could be opened with the PRTB. Under what theory I really can't imagine though.

    I'm not really sure why the LL needs to increase the deposit - seems a bit pointless to me.


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    #3
    Squall Leonhart
    Closed Accounts Posts: 1,794 ✭✭✭Squall Leonhart


    While inconvenient I wouldn't see a problem with her seeking to do this.

    A lot of tenants pull the "keep my deposit as my last month's rent" stunt before they leave. If you tried this, in this case she'd be down on rent for that month.

    It makes sense to me.


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


    It's up to the LL to pursue that. I really can't see this being an issue in the vast majority of cases where both parties are dealing as they should. Especially where a last LL reference is required for a new place.

    At this point the LL should have a good feel for the type of tenants they have.


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    #5
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    MarkAnthony wrote: »

    I'm not really sure why the LL needs to increase the deposit - seems a bit pointless to me.

    Wouldn't consider it pointless at all, I've heard of lots doing it now with increases in rent. It makes perfect sense especially as I've only ever had one tenant in 10 years pay the last months rent, all others have said take it from deposit which is a nightmare especially for damage. Current tenant who had just moved out is the first to pay it and then ask for deposit to be returned. (Will really miss them they were fantastic tenants)


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    #6
    awec
    Administrators Posts: 53,844 Admin ✭✭✭✭✭awec


    They can ask but you are under no obligation to agree.

    Our landlord tried it the first time they increased the rent. We agreed to the rent but refused the security deposit increase. They haven't tried it in subsequent rent reviews.


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    #7
    _Kaiser_
    Registered Users Posts: 28,867 ✭✭✭✭_Kaiser_


    Wouldn't pay it... It's meant as security for damages, but given you've been there 12 months+ and you clearly haven't trashed the place given that they're happy to keep you on (albeit with a rent increase), so there's no justification for a deposit increase other than someone chancing their arm.


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    #8
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    _Kaiser_ wrote: »
    Wouldn't pay it... It's meant as security for damages, but given you've been there 12 months+ and you clearly haven't trashed the place given that they're happy to keep you on (albeit with a rent increase), so there's no justification for a deposit increase other than someone chancing their arm.

    I wouldn't always jump to the conclusion a landlord is chancing their arm. It makes sense even for purely admin reasons. Deposit has always been equal to a months rent. It makes it easier when tenant eventually moves out to remember what security deposit was. Other valid reasons as others have outlined ie deposit often used as last months rent.

    Anyway nothing illegal or against RTA rules. It's very much up to landlord to set what security deposit he requires and for tenant to accept or not and if not find alternative accommodation.


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    #9
    big syke
    Registered Users Posts: 906 ✭✭✭big syke


    Would a LL give back some deposit if the rent was reduced?


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    #10
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    big syke wrote: »
    Would a LL give back some deposit if the rent was reduced?

    To answer that question you would need an A typical landlord which doesn't exist. Given that landlords are a mix of the large professional, small time investor/ pension and those who don't want to be landlords who have relocated for work etc.

    As it's an unregulated area it's very much down to each individual landlord and guided by their own persona.

    It's a landlords market so you like it or lump it until govt. bring in legislation where deposits are held independently and return/retention is governed by set rules and arbitration. All this will never happen of course.


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    #11
    GerardKeating
    Registered Users Posts: 7,661 ✭✭✭GerardKeating


    big syke wrote: »
    Would a LL give back some deposit if the rent was reduced?

    Mine did once, long long time ago.


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    #12
    big syke
    Registered Users Posts: 906 ✭✭✭big syke


    Dumb Juan wrote: »
    Hi,

    I was wondering has this ever happen to anyone else & what happened in your circumstance

    It has almost been two years since we stated renting our apartment and the landlord has serve notice of her intention to increase the rent. She has given plenty of notice and the new rent is in line with other apartments in our block.

    However she has also asked for our security deposit to be increased to the same sum of one month of the new rent, the increase in the new deposit will be €250. Can she do this?

    If this happened to you did you pay the increased deposit?


    Many Thanks.

    To actually answer your question....What does the Lease/Agreement say in regards to the deposit? This is the document you should work off and any increase/decrease in deposit should be spelled out in the contract (once it also adheres to Residential Tenancies (Amendment) Act 2015.)

    Market practice, what happened to others etc. does not matter.

    If the Lease mentions nothing about increasing a Deposit if the rent is increased I would be inclined to not give the LL an increase in Deposit and if needs be open up a dispute with the PRTB.


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    #13
    big syke
    Registered Users Posts: 906 ✭✭✭big syke


    Baby01032012 wrote: »
    To answer that question you would need an A typical landlord which doesn't exist. Given that landlords are a mix of the large professional, small time investor/ pension and those who don't want to be landlords who have relocated for work etc.

    As it's an unregulated area it's very much down to each individual landlord and guided by their own persona.

    It's a landlords market so you like it or lump it until govt. bring in legislation where deposits are held independently and return/retention is governed by set rules and arbitration. All this will never happen of course.

    Regardless of it being a landlords market or not a landlords own persona cannot dictate what is/is not not written into a contract.

    If the Lease adheres to the Residential Tenancies (Amendment) Act 2015 then this is the first port of call. After this disputes can be lodged and heard but a Landlord cannot pick and choose how to treat deposits.

    Similarly a Tenant cannot decide their rules based on their persona.


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    #14
    jcd5971
    Registered Users Posts: 2,549 ✭✭✭jcd5971


    didisilly wrote:
    My landlord wants to refurbish the apartment building complex and has told us that he is increasing the rent by 25%.


    Similar for myself recently.
    I agreed with rent as it was fair enough a bit higher than I'd like but not excessive as it was a nice apartment.
    I flat out refused the deposit, I pointed out he already had his deposit and the apartment was in great condition after nearly 2 years of me being there, in fact better as I had replaced some furniture, painted etc etc.

    When he got annoyed I said it has been a pleasure to rent from him but if it was a huge issue I would agree to end my tennancy and how much notice did he require.

    Well I never seen a man go as white with shock like that in my life, there was no more talk of deposits and a week later he came back with a new lease and the rent was reduced from what he said it would be.

    I had been in the apartment about 20 months and in that time the landlord never seen or heard from me the whole time, with rent always on time and the apartment kept in pristine condition.

    My point is don't underestimate your self, a good Tennant is not as easy to find as most people think and landlords know this


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