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Question about rent increase with no contract

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  • 09-09-2016 4:10pm
    #1
    Registered Users Posts: 444 ✭✭


    Hi,

    We've been in our rented accomodation for 15 months with an understanding with the landlord that we'd be gone in 7 months time. We've no contract despite seeking one with him.

    Anyway, he told us last week that he feels he saw houses in the area for 1000 more and wants to put up our rent by 500 at least, tho he could put it up by 1000. Do we have anywhere to stand on this? Never caused any hassle for him, rent is paid in cash, never been in arrears, place is kept reasonably tidy.

    Thanks.


Comments

  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Your rent can't be increased within two years.


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


    Do you live with the landlord?

    If not then you are tenants, with or without a written contract. You are protected by the RTA 2004 as amended in 2015, which gives two years between rent reviews. He cannot increase the rent until you've been there for two years.


  • Registered Users Posts: 2,192 ✭✭✭Fian


    Do you live with the landlord?

    If not then you are tenants, with or without a written contract. You are protected by the RTA 2004 as amended in 2015, which gives two years between rent reviews. He cannot increase the rent until you've been there for two years.

    He must also give you 90 days notice, though the notice can be given before the 2 years expires as long as the rent increase does not take effect until 2 years expired.

    Notice must be in writing, state the proposed rent is not above market rate, be signed and dated, provide three examples of comparable accommodation to demonstrate the market rate.


  • Registered Users Posts: 444 ✭✭Flange/Flanders


    Thanks a million guys. Just to clear up (one of the lads is asking here), can he even come over and change the locks or anything like that?


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Thanks a million guys. Just to clear up (one of the lads is asking here), can he even come over and change the locks or anything like that?

    Assuming you're not living with the landlord, you have acquired Part 4 rights which means you are legally entitled to minimum notice periods (amongst other entitlements). Any attempt by the landlord to change locks is very likely to be considered an illegal eviction.

    Is your tenancy registered with the RTB (previously the PRTB)? You can check online if you're not sure.

    It would be a good idea for you to learn what rights you have as a tenant, here's a good starting point http://www.prtb.ie/tenants/rights-responsibilities-obligations


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  • Registered Users Posts: 444 ✭✭Flange/Flanders


    Thanks a million folks!


  • Registered Users Posts: 444 ✭✭Flange/Flanders


    Sorry to follow up on this, I remember the landlord saying to me that he only intended the original rent to be for 1 year. So can he say to us that he didn't intend on us staying more than a year and he'd have put up the rent with new tenants? Im just wondering cos I've to have the talk with him this weekend so I'm wondering is there a way he can get rid of us (apart from anti social behaviour or rent appears )before when we'd hoped to move out in May which would be 23 full months after we moved in. he knew the situation we were in (college course lasting up until April 2017).
    Again we've no contract and are hoping to get our deposit back.


  • Closed Accounts Posts: 3,175 ✭✭✭intheclouds


    No he can't. You're on part 4 tenancy after 6 months. He can't kick you out fr no reason for 4 years. He can't kick you out for not accepting an illegal rent raise.


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