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Rent Increase - 2 years since when..?

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  • 09-10-2016 8:15pm
    #1
    TechmanTim
    Registered Users Posts: 3 ✭


    Our rent was increased November 2015. The 2 year rule on rent reviews was brought in on 4 December 2015.

    Since the landlord increased our rent just before the new rule does that mean they can increase again in November or has the 2 year rule already kicked in?


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    #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    TechmanTim wrote: »
    Our rent was increased November 2015. The 2 year rule on rent reviews was brought in on 4 December 2015.

    Since the landlord increased our rent just before the new rule does that mean they can increase again in November or has the 2 year rule already kicked in?

    Your rent can't increase until February 2018.


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    #3
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    4ensic15 wrote: »
    Your rent can't increase until February 2018.

    November 2017 or February 2018...there are different interpretations on Boards as to what means review and notice of review. Anyway your safe as regards next month.


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    #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Baby01032012 wrote: »
    November 2017 or February 2018...there are different interpretations on Boards as to what means review and notice of review. Anyway your safe as regards next month.

    there has to be 90 days notice of the increase and the review can't happen for 2 years.


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    #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    4ensic15 wrote: »
    there has to be 90 days notice of the increase and the review can't happen for 2 years.

    However- according to Citizen's Advice- the review is the designated date for the increase- so you can give 90 days notice in the runup to it. Aka a rent review occurs once every 2 years- the increase is 2 years from the date of the last increase- with appropriate notice in the run up to the date of increase (or inception of the tenancy). There is a presumption that there was 'reasonable notice' given for any prior increase.

    Its worth arguing the point- as while Citizens Advice and the RTB appear to be in agreement with this interpretation- Threshold is not (though, whats new........)


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    #6
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    The_Conductor wrote: »
    However- according to Citizen's Advice- the review is the designated date for the increase- so you can give 90 days notice in the runup to it. Aka a rent review occurs once every 2 years- the increase is 2 years from the date of the last increase- with appropriate notice in the run up to the date of increase (or inception of the tenancy). There is a presumption that there was 'reasonable notice' given for any prior increase.

    Its worth arguing the point- as while Citizens Advice and the RTB appear to be in agreement with this interpretation- Threshold is not (though, whats new........)

    And the RTA 2004 (and as amended in 2015) is very clear about the steps and separates the review, the notice period and the increased rent as three distinct consecutive steps.

    This would read, review October 2015, one month's notice, new rent November 2015, review October 2017, three month's notice, new rent January 2018.


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