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Rent Review

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    #32
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    TheChizler wrote: »
    Have you a source for that? And if the landlord doesn't agree with the tenant that it was a rent review?

    A source on waiving rights, you are joking i assume. If the LL disagrees i guess he can go to the TRB and argue that a document laying out the rent did not in fact lay out the rent.


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    #33
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    runawaybishop wrote: »
    TheChizler wrote: »
    Have you a source for that? And if the landlord doesn't agree with the tenant that it was a rent review?

    A source on waiving rights, you are joking i assume. If the LL disagrees i guess he can go to the TRB and argue that a document laying out the rent did not in fact lay out the rent.
    I'm deadly serious. You need both parties on board to get away with waiving rights. They're basically both agreeing to deal with it themselves and not involve the RTB. So if the landlord disagrees that it was a rent review and can prove that they didn't to any of the items listed above required for it to be a review I don't see how the tenant can succeed in claiming that it was.


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    #34
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    TheChizler wrote: »
    I'm deadly serious. You need both parties on board to get away with waiving rights. They're basically both agreeing to deal with it themselves and not involve the RTB. So if the landlord disagrees that it was a rent review and can prove that they didn't to any of the items listed above required for it to be a review I don't see how the tenant can succeed in claiming that it was.

    The LL isn't waiving any right, his agreement isn't required anyway as he put forward the offer and therefor clearly agrees.


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    #35
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    runawaybishop wrote: »
    The LL isn't waiving any right, his agreement isn't required.
    I'm not sure it works that way. Tenancy arrangements are a two way street. The tenant has obligations too; they can't just waive a requirement that works in their favour that puts the landlord at a disadvantage.


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    #36
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    TheChizler wrote: »
    I'm not sure it works that way. Tenancy arrangements are a two way street. The tenant has obligations too; they can't just waive a requirement that works in their favour that puts the landlord at a disadvantage.

    I would quite strongly be of the opinion that it does work that way, but i am happy that you strongly believe it doesn't. Realistically the only way to find out is for a case to be put before the TRB (and i vaguely recall that this did happen), i wouldn't take any heed of threshold.


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    #37
    axcel
    Registered Users Posts: 70 ✭✭axcel


    Finally tracked down this letter. It states "the lease on the above property will expire at such a date, and the rent for the new letting term is to remain the same. Please contact me to advise if you wish to renew".

    I can understand how you might say how was it a review when reviews are now two years and this war backdated. But if someone rented in 2014, and the rent was increased in 2015 before the legislation, this wouldn't have been reduced back to the original rent, it would just mean rent can't now be reviewed till 2017. It's a very confusing situation for both landlord and tenant I think. Prtb also won't provide advice in writing, although a lady on the phone confirmed it was a review. But she might be as unaware as everyone else.


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    #38
    confusedguy1
    Banned (with Prison Access) Posts: 27 ✭confusedguy1


    Give it up. You appear to have been there long enough to merit a review.


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    #39
    Sad Professor
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Technology & Internet Moderators Posts: 22,678 CMod ✭✭✭✭Sad Professor


    confusedguy1 wrote: »
    Give it up. You appear to have been there long enough to merit a review.

    The OP knows that. Their question is whether they were reviewed already and the landlord/agent is looking to review them again after only a year.


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    #40
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    I'm closing this thread- as I honestly don't think that having posters- including us mods- snipping at one another- when we patently disagree fundamentally with one another- is going to help the OP or shed any further light on the matter........


This discussion has been closed.
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