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Rent review notice question

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    #32
    _kookie
    Registered Users Posts: 63 ✭✭_kookie


    Callan Ambitious Boot wrote: »
    I'd ask no one to be honest and just issue notice of a rent increase 3 months in advance of the two year anniversary of the tenancy, the tenants will almost certainly just accept it or else only query the amount of the increase. Even if they read the rules in detail I would imagine they will interpret it the same as most people as meaning that the rent can be upped the date the tenancy is 2 years old or 2 years since the last review and not get into these complex interpretations of the meaning of the word review.

    Well since it caused such controversy I just called a solicitor friend and he said he will have a look at it and call me back. I will post what he says here when I hear it.

    But when they were bringing this law in nobody said anything about not being able to increase the rent for 2.25 years. It was 2 years.


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    #33
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    _kookie wrote: »
    Well since it caused such controversy I just called a solicitor friend and he said he will have a look at it and call me back. I will post what he says here when I hear it.

    But when they were bringing this law in nobody said anything about not being able to increase the rent for 2.25 years. It was 2 years.

    Yip, that's my understanding, cant see anything to confirm of deny that. I'd send a letter 90 days in advance of my intention to REVIEW AND INCREASE on the 2nd anniversary of the last review and increase, that should cover both interpretations.


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    #34
    intheclouds
    Closed Accounts Posts: 3,175 ✭✭✭intheclouds


    _kookie wrote: »
    Well since it caused such controversy I just called a solicitor friend and he said he will have a look at it and call me back. I will post what he says here when I hear it.

    But when they were bringing this law in nobody said anything about not being able to increase the rent for 2.25 years. It was 2 years.

    Great. I found a thread on the property pin where someone had phoned prtb in Dec 2015 and specifically asked if the review was the change in rent or the notice of it and they didn't know and were awaiting instruction from head office, but the thread ends without any clarification.

    Katherine Zappone also raised the question and said she couldn't find the answer in legislation.

    Presumably there is a definitive answer somewhere.

    I'm pretty sure I saw an article referring to 2 years and 3 months somewhere but can't recall where.


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    #35
    _kookie
    Registered Users Posts: 63 ✭✭_kookie


    _kookie wrote: »
    Well since it caused such controversy I just called a solicitor friend and he said he will have a look at it and call me back. I will post what he says here when I hear it.

    But when they were bringing this law in nobody said anything about not being able to increase the rent for 2.25 years. It was 2 years.

    I just got a text there from him saying the consensus among himself and his mates who are all solicitors in the golf club bar at the moment, so it may be a bit drunken, is that the rent can be increased on the 2nd anniversary of the tenant moving in provided they have been given the required 90 day notice. I feel guilty now having taken up their time, but needs must :) So thats what im going to do.


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    #36
    karenalot
    Closed Accounts Posts: 196 ✭✭karenalot


    Did anyone get clarification on this from the RTB? I have written to them and am awaiting a response.

    The more I am reading the more it looks like rent increases now cannot happen for 27 months and not 24 as everyone had thought.

    Links:

    - http://tenantready.ie/2016/08/how-rent-certainty-has-fuelled-rental-increases/
    - http://www.independent.ie/opinion/comment/philip-ryan-how-i-knocked-100-per-month-off-my-rent-increase-34773203.html
    - http://www.independent.ie/business/personal-finance/property-mortgages/surge-in-complaints-against-landlords-hiking-rents-34633827.html


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    #37
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    karenalot wrote: »
    Did anyone get clarification on this from the RTB? I have written to them and am awaiting a response.

    The more I am reading the more it looks like rent increases now cannot happen for 27 months and not 24 as everyone had thought.

    Links:

    - http://tenantready.ie/2016/08/how-rent-certainty-has-fuelled-rental-increases/
    - http://www.independent.ie/opinion/comment/philip-ryan-how-i-knocked-100-per-month-off-my-rent-increase-34773203.html
    - http://www.independent.ie/business/personal-finance/property-mortgages/surge-in-complaints-against-landlords-hiking-rents-34633827.html

    Effectively it is 27 months for the first increase since you can't review until 24 months followed by 3 months notice. But for subsequent reviews it's different.

    For example, if someone had a review on June 1st 2015 and the new rent came in 28 days later as per the old notice period on 30th June 2015 (day of notice doesn't count), the next review can take place on 1st June 2017 (2 years later) with 90 days notice coming into effect on 31st August 2017. That's 26 months since the notice periods are different by two months.

    Similarly, between two reviews with 90 days notice, the rent would change 24 months apart.


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