Rent Increase

powly

Hi guys,

Recently moved into a property which admittedly is good value. 3 bedrooms. All tenants happy. There hasnt been a rent increase in over 2 years. The other day the landlord texted one of the tenants indicating there would be a rent increase from start of December (was less than 90 days away) of approx 50%. None of us can really afford it. To be fair the increase is probably not too out of line with local market value.

It appears we are not registered with the PTRB (according to online register).

Couple of questions. How much notice does the landlord have to give us? 90 days minimum? even though we are not registered with the PTRB? And thats 90 days from when letter comes through our door according to PTRB website right? (emails/texts dont count)

I mean if we were to hold him to the letter of the law I guess we might be able to try and enforce this but could get very messy. He has a months rent as a deposit which we want back.

There is a letting agent involved but we seem to deem directly with the landlord regardless.

I guess our days here are numbered but any advice or recommendations would be welcomed.

Thanks

Skweefie

Hi, you say you recently moved in but mention no increase for two years. As far as I'm aware a landlord is within his rights to increase the rent but only at the end of a lease agreement. If you've signed a legal lease agreement then he can't increase it, no matter how much notice he gives you.

In relation to the amount of notice given of the increase I don't think there are any guidelines on that but I'm open to correction. I do know that a landlord's obligation in relation to eviction proceedings does increase depending on the length of time in the premises. I think it is something like 120 days for a 4 year tenancy. I'm not sure of the numbers on that but I seem to remember it was something like that.

Threshold are a good organisation to get on to regarding your rights.

Baby01032012

Skweefie wrote: »

Hi, you say you recently moved in but mention no increase for two years. As far as I'm aware a landlord is within his rights to increase the rent but only at the end of a lease agreement. If you've signed a legal lease agreement then he can't increase it, no matter how much notice he gives you.

In relation to the amount of notice given of the increase I don't think there are any guidelines on that but I'm open to correction. I do know that a landlord's obligation in relation to eviction proceedings does increase depending on the length of time in the premises. I think it is something like 120 days for a 4 year tenancy. I'm not sure of the numbers on that but I seem to remember it was something like that.

Threshold are a good organisation to get on to regarding your rights.

This may sound rude and I'm sorry in advance if it is. If you don't have correct information to help the OP why post???


OP - so you've come into an existing lease taking over from someone that left. Are you a signatory to the lease or a sub tenant?

If not a signatory after 6 months you have the right to be added to the main lease. The landlord has the right to review the rent after 2 years since start of tenancy or since last review. They need to give 90 days notice from review to when new rent comes into effect. They need to provide 3 examples of similar properties let recently to support the new rent. The tenancy may or may not be registered. The online register is unreliable. Either way this does not effect the tenants rights. I suggest either try to negotiate the rent if your housemates have been good tenants or give the required notice. Either 42 or 56 days depending if your less than or more than 2 years.

Skweefie

Baby01032012 wrote: »

This may sound rude and I'm sorry in advance if it is. If you don't have correct information to help the OP why post???


OP - so you've come into an existing lease taking over from someone that left. Are you a signatory to the lease or a sub tenant?

If not a signatory after 6 months you have the right to be added to the main lease. The landlord has the right to review the rent after 2 years since start of tenancy or since last review. They need to give 90 days notice from review to when new rent comes into effect. They need to provide 3 examples of similar properties let recently to support the new rent. The tenancy may or may not be registered. The online register is unreliable. Either way this does not effect the tenants rights. I suggest either try to negotiate the rent if your housemates have been good tenants or give the required notice. Either 42 or 56 days depending if your less than or more than 2 years.

sorry I'm new to boards. Thought it was like a discussion type thing. I was more curious about the recently moved in or two years thing. I've just realised I can follow a thread without posting. Sorry to original poster. Just thought even the threshold info might help.

powly

Thanks to both.

Eh Im a sub tenant I guess. One of the current tenants is on lease and not sure about the other but I know he pays the rent so I'm guessing he is too.

They havn't given us official notice - just a watsapp message letting us know they want to increase from the start of December.

So on paper we have 90 days from when we receive letter of rent review but if we were to dig our heels in about this it just makes things messy. The rental arrangement has always been amicable enough as far as I'm aware.

One of the tenants has also spent some of his own money to perform repairs (landlord fully aware of this) but this is a separate issue.

I guess we just have a think about how to approach all things considered. More than anything just wanted to see if our rights were affected by not being on PTRB reg. May give them a shout over next few days to see what they reckon.

Cheers

Skweefie

good luck with it. Even though it was a WhatsApp message he could argue that is written notice. I know Judge Judy would If he asked for fifty percent, I'm sure you could negotiate him down. Just on a human level if someone asks for that much he is probably willing to meet you somewhere in the middle. Hope you get it sorted. It's a minefield out there. Threshold have been very helpful to me in the past if it gets messy. They can give completely impartial advice.

Baby01032012

Skweefie wrote: »

sorry I'm new to boards. Thought it was like a discussion type thing. I was more curious about the recently moved in or two years thing. I've just realised I can follow a thread without posting. Sorry to original poster. Just thought even the threshold info might help.

My apologies, you have every right to comment. Rough week, who am I too tell others what to post, very sorry.

newacc2015

Skweefie wrote: »

good luck with it. Even though it was a WhatsApp message he could argue that is written notice. I know Judge Judy would If he asked for fifty percent, I'm sure you could negotiate him down. Just on a human level if someone asks for that much he is probably willing to meet you somewhere in the middle. Hope you get it sorted. It's a minefield out there. Threshold have been very helpful to me in the past if it gets messy. They can give completely impartial advice.

Your point is completely incorrect. The written notice for a rent increase has rto be a written notice ie written on a piece of paper. There is very strict guidelines on what the rent increase letter has to contain(yes it has to be a letter and not what is acceptable in a TV show ).

OP here is the boxes that have to be ticked for the letter to be valid

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

Threshold do not in any shape or form give impartial advice. They have been warned in the past that advice they were giving was illegal and breaking the law. They only help tenants and will not give advice to landlords at all. I rang them up ask them something once(the only thing) and they asked me was I a landlord. I said I was calling on behalf of a landlord. I got a cold and bitter response of along the lines of we dont deal/speak to you.

Threshold are so hell bent on only dealing with tenants, Im sure there are landords evicting tenants incorrectly and issuing incorrect rent increases etc as they have no where to turn for advice.

_kookie

A friend of mine mentioned in passing last night that he has a way around the two year rule on increasing the rent in his rental properties. He can increase it before the two year period is up. It was just a quick conversation but i'll get more detail later and post it.

Skweefie

newacc2015 wrote: »

Your point is completely incorrect. The written notice for a rent increase has rto be a written notice ie written on a piece of paper. There is very strict guidelines on what the rent increase letter has to contain(yes it has to be a letter and not what is acceptable in a TV show ).

OP here is the boxes that have to be ticked for the letter to be valid

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

Threshold do not in any shape or form give impartial advice. They have been warned in the past that advice they were giving was illegal and breaking the law. They only help tenants and will not give advice to landlords at all. I rang them up ask them something once(the only thing) and they asked me was I a landlord. I said I was calling on behalf of a landlord. I got a cold and bitter response of along the lines of we dont deal/speak to you.

Threshold are so hell bent on only dealing with tenants, Im sure there are landords evicting tenants incorrectly and issuing incorrect rent increases etc as they have no where to turn for advice.

As I said in a previous post, I thought this was just like having a conversation. I'm just offering an opinion that's all. Threshold can give very good advice to tenants. If you have had a bad experience with them that is fine but I've only got positive things to say about them. I just wanted to throw it out there that Threshold might be able to help. Don't understand the bitter responses that I'm getting on this thread but what can you do. The Judge Judy comment was meant as a kind of a joke hence the smiley emoticon...

Skweefie

Baby01032012 wrote: »

My apologies, you have every right to comment. Rough week, who am I too tell others what to post, very sorry.

No problem we all have days like that. It seems the learning curve of having conversations on here is coming back to bite me. I'll think twice before offering an opinion again methinks.

Sarn

I think in the case of this forum, some are of the opinion that accurate facts on people's tenancy rights are more useful then people's opinion. Given that incorrect information could leave someone vulnerable to dodgy tenants or landlords.

Now saying that, there are plenty of issues that can be open to interpretation and all views and experience are welcome.

Skweefie

Sarn wrote: »

I think in the case of this forum, some are of the opinion that accurate facts on people's tenancy rights are more useful then people's opinion. Given that incorrect information could leave someone vulnerable to dodgy tenants or landlords.

Now saying that, there are plenty of issues that can be open to interpretation and all views and experience are welcome.

I only wanted to let the OP be aware of threshold. That is all. I don't think that is inaccurate. I appreciate your response though. I'm surprised at the reaction I got to be honest.

April 73

Whether the tenancy is registered or not is irrelevant in this scenario. The landlord & tenant are still bound by legislation governing notice and the right to increase the rent.
There's lots of good info on the PTRB website.
http://www.prtb.ie

Kings Inns or bust

_kookie wrote: »

A friend of mine mentioned in passing last night that he has a way around the two year rule on increasing the rent in his rental properties. He can increase it before the two year period is up. It was just a quick conversation but i'll get more detail later and post it.

I'm sure he thinks he does.

_kookie

Kings Inns or bust wrote: »

I'm sure he thinks he does.

I spoke to them last night.
The guy is a solicitor so he knows his stuff.
Sounds totally legit to me too. I'll be doing it that way anyway.
Not to worry though. He asked me not to disclose it or it would be plugged.
So apologies to all for even mentioning it.

mirrorwall14

_kookie wrote: »

I spoke to them last night.
The guy is a solicitor so he knows his stuff.
Sounds totally legit to me too. I'll be doing it that way anyway.
Not to worry though. He asked me not to disclose it or it would be plugged.
So apologies to all for even mentioning it.

That's completely pointless. Come on a discussion forum. Say there is a way to do it. Then refuse to disclose it so it can actually be discussed?

RossieMan

He's full of ****.

If it when to the rtb either way they'd go in favour of the tenant. In theory it may work, but in the real world it'll be thrown out.

4ensic15

RossieMan wrote: »

He's full of ****.

If it when to the rtb either way they'd go in favour of the tenant. In theory it may work, but in the real world it'll be thrown out.

The RTB have to follow the law. I know of a tenant who complained to the RTB and
the complaint was thrown out. The RTB had no power to do anything.

_kookie

mirrorwall14 wrote: »

That's completely pointless. Come on a discussion forum. Say there is a way to do it. Then refuse to disclose it so it can actually be discussed?

Again. Apologies, but sure you think I am bulls1tting anyway, so it really doesnt make a difference. I can see the reaction it would have gotten anyway, so better off this way.

The method is quite sensible actually, so anyone should be able to figure it out themselves if they know its there. So im not keeping anything from anybody that isnt already obvious actually. But to be fair I wouldnt have spotted it myself unless it was pointed out to me. One of those ahh right moments. If you dont believe it can be done then nothing has changed and it makes no difference that I dont post it.

RossieMan

You one person who had a case thrown out.

Ah well that definitely means it's useless and you're right.



Not every case is going to be a winner for the tenant, it'll depend on the circumstances. Trying to navigate around the 2 year rule is surely going only one way.

4ensic15

RossieMan wrote: »

You one person who had a case thrown out.

Ah well that definitely means it's useless and you're right.



Not every case is going to be a winner for the tenant, it'll depend on the circumstances. Trying to navigate around the 2 year rule is surely going only one way.

That was a rent increase case with less than 2 years.

RossieMan

Please provide the case details.

_kookie

RossieMan wrote: »

He's full of ****.

If it when to the rtb either way they'd go in favour of the tenant. In theory it may work, but in the real world it'll be thrown out.

There wouldnt be any cases with the RTB for the thing i was talking about.
Wouldnt be a need for them, so no point looking for one.
Just forget about it, if you cant figure it out. Its really not that important in the grand scheme.

RossieMan

Look out you aren't going to give me information why don't you just forget about posting here? You aren't offering anything.

I have a fool proof plan for winning the lotto. But Im not telling anyone, nor will I do it myself.

_kookie

RossieMan wrote: »

Look out you aren't going to give me information why don't you just forget about posting here? You aren't offering anything.

I have a fool proof plan for winning the lotto. But Im not telling anyone, nor will I do it myself.

Calm down.
Dont let it stress you.
Again, apologise for even mentioning it, but its not going to change your life, so chill out.
So this is my last post on the subject. I will answer the PMs I have so far got about it, but thats it. I wont mention it again.

athtrasna

Mod note

_Kookie please read the forum charter before posting on here again. Your posts are verging on trolling, if you have something to contribute then contribute but this hinting that you have a way around the law and then not backing it up is not acting in the spirit of the forum.

Kings Inns or bust

_kookie wrote: »

I spoke to them last night.
The guy is a solicitor so he knows his stuff.
Sounds totally legit to me too. I'll be doing it that way anyway.
Not to worry though. He asked me not to disclose it or it would be plugged.
So apologies to all for even mentioning it.

50% of legal practitioners are wrong in every single case. That's about the only statistic I commit to memory in regard to the law.

athtrasna

Kings Inns or bust wrote: »

50% of legal practitioners are wrong in every single case. That's about the only statistic I commit to memory in regard to the law.

Don't feed 'em

Kings Inns or bust

athtrasna wrote: »

Don't feed 'em

Apologies.