Asked to pay for refuse charges - Sly way of increasing rent?

kingtut

Hi everyone I recently sent the following to the PTRB but have not got a response yet (not sure how long it takes), I was wondering if one of you might have a bit of advise? Last thing I want is to get evicted!!!

"My partner and I have been renting the same property for a number of years (since July 2013). In July of this year we were informed the rent would go up by €150 however we negotiated and agreed to an increase of €100 (this came into effect in July).

Based on this increase we have asked numerous times for a new lease but have yet to get it and most of our e-mails go unanswered.

In October the agency emailed stating that the landlord has asked to be paid an additional €25 per month for refuse charges. We have disputed paying this as we believe this is a means of getting extra rent out of us. We have not paid for refuse in the past and members of the public have access to the bins meaning at least once a month we cannot put our rubbish out.

So I guess my query is do we legally have to pay this charge? If we don't is it something we could be evicted for? I asked for further clarification on the charge to the agency on November 15th but received no reply (as a result our rent for December did not include the additional fee)."

Thanks in advance everyone.

axcel

If it wasn't in the initial lease about you paying the charges then they can't start charging you now as far as I'm aware. Unless there's some stipulation in there that covers landlord asking for it if somehow they are now subject to additional charges.
You're covered under Part 4 Tenancy regarding the lack of lease, tho that would be up in July 2017 so landlord could get rid of you for any reason. Altho under new legislation today I believe they are extending that to 6 years.

axcel

Lizcent wrote: »

If it wasn't in the initial lease about you paying the charges then they can't start charging you now as far as I'm aware. Unless there's some stipulation in there that covers landlord asking for it if somehow they are now subject to additional charges.
You're covered under Part 4 Tenancy regarding the lack of lease, tho that would be up in July 2017 so landlord could get rid of you for any reason. Altho under new legislation today I believe they are extending that to 6 years.

Also sorry PRTB won't respond to that query other than with the standard blurb on submitting a dispute. Threshold are the people to talk to or someone from PRTB might tell you on the phone but they won't put anything in writing.

kingtut

Lizcent wrote: »

If it wasn't in the initial lease about you paying the charges then they can't start charging you now as far as I'm aware. Unless there's some stipulation in there that covers landlord asking for it if somehow they are now subject to additional charges.
You're covered under Part 4 Tenancy regarding the lack of lease, tho that would be up in July 2017 so landlord could get rid of you for any reason. Altho under new legislation today I believe they are extending that to 6 years.

I'll have to read the old lease and double check but I don't think there is any statement in it along the lines you mention.

So on a Part 4 you can be kicked out for no reason where as with a lease it has to be if the landlord is selling or moving in them self etc ?

Lizcent wrote: »

Also sorry PRTB won't respond to that query other than with the standard blurb on submitting a dispute. Threshold are the people to talk to or someone from PRTB might tell you on the phone but they won't put anything in writing.

Thanks, never even thought of threshold but I'll give them a shout. We don't want to get evicted but we think that if we pay the €25 to keep them happy then maybe they will slowly add on more 'charges'! Also one of our big arguments with the agency is the 'estate' is not secure and so the public can access these communal bins, there are many weeks where we can't use them as they are full within a day of being emptied.

axcel

Sorry no I meant part 4 tenancy means you can't be kicked out yet, you're covered for 4 years. Then a new term starts as such and landlord can get rid of you for any reason in those first 6 months so that would start in July 2017 for you. But luckily as above think that's extended to 6 years now, so you'll get the additional 2 years covered.
I know what you mean, it's not the amount as such it's the practice. Also if you can't guarantee access why would you pay!

kingtut

Lizcent wrote: »

Sorry no I meant part 4 tenancy means you can't be kicked out yet, you're covered for 4 years. Then a new term starts as such and landlord can get rid of you for any reason in those first 6 months so that would start in July 2017 for you. But luckily as above think that's extended to 6 years now, so you'll get the additional 2 years covered.
I know what you mean, it's not the amount as such it's the practice. Also if you can't guarantee access why would you pay!

Cheers for clarifying. Ye the main gates have been broken for ages and we often come out to find broken up couches etc in the bins (2 large ones) and it's not uncommon for there to be so much rubbish that the lids are upright!

I checked the likes of greenstar etc and I could get them for less than €25 a month lol

davindub

You are not lo able as it is a new charge. Tell the agent you wont be conned, he knows this as well