Rent review notice period

Jayesdiem

High all, just wondering if anyone here can help me as I've checked this out with the RTB and two estate agents and have had different answers. The issue is this......I am due to give my tenant a rent review. The last increase in rent occurred in April 2015 and I was therefore under the impression that the proposed increase in rent can therefore be made in April 2017 with due notice provided in January 2017. However an individual in the RTB is adamant that the rent review can occur only 2 years after the last increase meaning that I can only give notice in April 2017 for the increase to occur in July 2017, which will be a full 27 months on from the previous increase, not the 24 I thought it should be. This seemed odd to me but nobody seems to be able to clarify. Any help appreciated

Michael D Not Higgins

Under the old rules you would have given 28 days notice so it was probably some time in March as the date of the review. This means it's March 2017 when you can review with 90 days notice, so probably June when the new rent comes in.

Jayesdiem

That's great thanks. So in actual fact the "two year" rule is actually a "two years and three months" rule. Do you know how this works with new leaeses? ie a new lease will be offered in March 2017 but that means there will be a change of rent during the term?

Edit: I should clarify as I've made little sense.....how do you offer a new lease AND and a rent review at the same time? They are both due simultaneously.

athtrasna

Jayesdiem wrote: »

That's great thanks. So in actual fact the "two year" rule is actually a "two years and three months" rule. Do you know how this works with new leaeses? ie a new lease will be offered in March 2017 but that means there will be a change of rent during the term?

Edit: I should clarify as I've made little sense.....how do you offer a new lease AND and a rent review at the same time? They are both due simultaneously.

The tenants already have part IV tenancy rights so what's the point in giving them a new lease. Their part IV rights cannot be removed by a lease.

Jayesdiem

Doesn't part 4 run out every 4 years? If so, we are at that point

Michael D Not Higgins

Jayesdiem wrote: »

That's great thanks. So in actual fact the "two year" rule is actually a "two years and three months" rule. Do you know how this works with new leaeses? ie a new lease will be offered in March 2017 but that means there will be a change of rent during the term?

Edit: I should clarify as I've made little sense.....how do you offer a new lease AND and a rent review at the same time? They are both due simultaneously.

In the same way that the old one year rule was actually a one year and one month rule.

The Part 4 doesn't have an effect on the notice period or two years rule, I think athtrasna was getting at the difference between the lease and the tenancy. The tenancy is what is governed by the RTA 2004. The lease is a contract which only serves to give rights above those granted by law in the Act.

There is conflicting advice on rent reviews during fixed term leases. One view is that the statement of the rent in a lease is a review and would not be allowed to be reviewed again. In order to avoid this, I would suggest doing the review and new lease at the same time and state in the lease the new rent to come in at the date made effective after 90 days.