Rent increase / risk of eviction

dodgygeezer

Hello all,
Apologies if this has been done to death, but a quick search has not revealed specific answers to the query.

We just received an email from letting agency stating our landlords intention to increase rent by 25% from the end of our second years lease in 80-90 days time. We did not receive a paper letter in the post.

We feel that this is excessive, but certainly are prepared to negotiate in view of the bloody rocketing rents. I feel the two properties submitted by LL from daft.ie are not comparable to ours.

I am prepared to take it to the PRTB for adjucation but I read that the process can take 6-9 months. If this irks the landlord, does he have the right to turf us out (and provide any excuse e.g. "I'm selling the house") or are we "protected" by being in the process with the prtb. I certainly will abide by whatever their final decision is.

Regards

ongarite

How much are you paying now & would you consider the advised increase the current market rate for the same place now?

dodgygeezer

ongarite wrote: »

How much are you paying now & would you consider the advised increase the current market rate for the same place now?

Is currently €2000, requested increase is €2500. I've pulled a few comparable on daft for circa €2200

Michael D Not Higgins

dodgygeezer wrote: »

Is currently €2000, requested increase is €2500. I've pulled a few comparable on daft for circa €2200

Are you willing to pay 2200? You could go back and offer 2200 and if they don't accept continue on with an RTB dispute.

Yes, the landlord could still give notice of termination if the reason is valid and fulfils the criteria of the RTA 2004 as amended. However, they cannot charge the higher rent while the dispute is open.

emeldc

Michael D Not Higgins wrote: »

Are you willing to pay 2200? You could go back and offer 2200 and if they don't accept continue on with an RTB dispute.

Yes, the landlord could still give notice of termination if the reason is valid and fulfils the criteria of the RTA 2004 as amended. However, they cannot charge the higher rent while the dispute is open.

When the issue is resolved, can they back date it?

Michael D Not Higgins

emeldc wrote: »

When the issue is resolved, can they back date it?

Yes, if the RTB find in the landlord's favour, the rent increase can be backdated to the point when the rent would have increased. If not, then it's an invalid rent review and no change to the rent occurs.

dodgygeezer

Michael D Not Higgins wrote: »

Are you willing to pay 2200? You could go back and offer 2200 and if they don't accept continue on with an RTB dispute.

Yes, the landlord could still give notice of termination if the reason is valid and fulfils the criteria of the RTA 2004 as amended. However, they cannot charge the higher rent while the dispute is open.

Thanks.

So, still a possibility "if the reason is valid". I better reread the RTA 2004 to see what we could be hit with if she decides to up the ante. Surely it would be very obvious to an impartial party that they were turfing us out simply because we were refusing to pay a rent that we believed was higher than the market rate?

newacc2015

The estate agent really hasnt done anything right. They are supposed to give you three examples of comparable properties, not just two. They are supposed to give you the notice in letter format saying you are entitled to appeal. Like this

http://www.rtb.ie/docs/default-source/notice-of-terminations-landlord-pdf/notice-of-new-rent-2.pdf?sfvrsn=2


They are supposed to give you the rent increase letter after the 2 years are up ie you havent received a rent increase in the last 24 months, not 21 months like they are doing. They are supposed to give you 90 days notice also, not 80-90 days.

I would appeal to the RTB it for the simple reason the estate agent needs to be schooled on the rental laws in Ireland. It is ridiculous they are billing a landlord for services they cant even do legally/correctly. Hopefully the RTB goes through them for a shortcut

Michael D Not Higgins

dodgygeezer wrote: »

Thanks.

So, still a possibility "if the reason is valid". I better reread the RTA 2004 to see what we could be hit with if she decides to up the ante. Surely it would be very obvious to an impartial party that they were turfing us out simply because we were refusing to pay a rent that we believed was higher than the market rate?

You could lodge a separate dispute for invalid notice of termination at that point. The landlord would be unable to follow through until after a RTB case has concluded and deemed it a valid notice.

dodgygeezer

Michael D Not Higgins wrote: »

Are you willing to pay 2200? You could go back and offer 2200 and if they don't accept continue on with an RTB dispute.

Yes, the landlord could still give notice of termination if the reason is valid and fulfils the criteria of the RTA 2004 as amended. However, they cannot charge the higher rent while the dispute is open.

Yes, am indeed willing to pay €2200 (3 bed , 1 bathroom old semi-D) - that's Dublin nowadays!

emeldc

newacc2015 wrote: »

The estate agent really hasnt done anything right. They are supposed to give you three examples of comparable properties, not just two. They are supposed to give you the notice in letter format saying you are entitled to appeal. Like this

http://www.rtb.ie/docs/default-source/notice-of-terminations-landlord-pdf/notice-of-new-rent-2.pdf?sfvrsn=2


They are supposed to give you the rent increase letter after the 2 years are up ie you havent received a rent increase in the last 24 months, not 21 months like they are doing. They are supposed to give you 90 days notice also, not 80-90 days.

I would appeal to the RTB it for the simple reason the estate agent needs to be schooled on the rental laws in Ireland. It is ridiculous they are billing a landlord for services they cant even do legally/correctly. Hopefully the RTB goes through them for a shortcut

Does that in effect mean that you can't put the rent up for 2yrs 90 days

Michael D Not Higgins

emeldc wrote: »

Does that in effect mean that you can't put the rent up for 2yrs 90 days

In the same way as the old system you couldn't put the rent up for one year one month, yes.

However, it's not always so simple. If the rent of an existing tenancy was reviewed in June 2015 with one month's notice, it came into force July 2015. They are eligible to review the rent in June 2017, with three month's notice so September 2017 which is 2 years 2 months since the last increase. It's not about the time between increases but the time between reviews. The notice periods are different.

pilly

What's the difference between the house you're renting and the 2 samples provided by the LL?

ted1

Michael D Not Higgins wrote: »

You could lodge a separate dispute for invalid notice of termination at that point. The landlord would be unable to follow through until after a RTB case has concluded and deemed it a valid notice.

I'd hazard a guess and say that emails are allowed especially if that is the main form of contact with the tenant

Michael D Not Higgins

ted1 wrote: »

I'd hazard a guess and say that emails are allowed especially if that is the main form of contact with the tenant

I never said emails weren't allowed. My post was referring to notice of termination being used to push out renters who won't accept a rent increase. The RTB will deem if that is valid or not.

dodgygeezer

pilly wrote: »

What's the difference between the house you're renting and the 2 samples provided by the LL?

Hi pilly, more bathrooms, bigger, newer etc.

pilly

dodgygeezer wrote: »

Hi pilly, more bathrooms, bigger, newer etc.

Fair enough. 2k is very high for a 3 bedroom anyway I think, must be a very nice area. Maybe like another poster suggested you could offer the 2.2 but if you have good references etc. you could also look around for a nicer place in a different area.

dodgygeezer

Thanks for all the advice thus far. It looks like there are protections against my biggest fear - that we could be evicted with young children for refusing to go along with the increase.

Threshold advice is indeed - any notice is served AFTER the lead period. I.e. 24 months + 90 days, rather than 90 days BEFORE the lease comes up

murphaph

Threshold have been known to give downright illegal advice. You can't rely on their information.

dodgygeezer

murphaph wrote: »

Threshold have been known to give downright illegal advice. You can't rely on their information.

I acknowledge this opinion and all my communication will be grounded in the relevant Acts

ted1

dodgygeezer wrote: »

Hi pilly, more bathrooms, bigger, newer etc.

Location? Location, location.

You can get a brand new 5 bedroom house in letterjenny cheaper than a 1 bed in Dublin

dodgygeezer

Thanks all for the advice. They indeed did make an error - the request was made three months too early. It can only be made ON extension of the new lease.

Threshold saying that if we were turfed out, we have further protections:
1. If house being sold is a reason, a statutory declaration has to be signed
2. If house is going up for rent again, we would have first refusal.

_Kaiser_

So (just for confirmation if I may...) I moved into my current place March 2015. Rent review notice can only be issued March 2017 and to take effect from June 2017?

Have I got that right?

Michael D Not Higgins

_Kaiser_ wrote: »

So (just for confirmation if I may...) I moved into my current place March 2015. Rent review notice can only be issued March 2017 and to take effect from June 2017?

Have I got that right?

Yep

dodgygeezer

_Kaiser_ wrote: »

So (just for confirmation if I may...) I moved into my current place March 2015. Rent review notice can only be issued March 2017 and to take effect from June 2017?

Have I got that right?

Yes.