question about rental and parking

tringlarido

Hi,

I'm a tenant in apartment with parking.
The landlord had prospect to increase very highly the rent but can't because of the 4% capping.
My question is can he take the parking back if he's not happy ?

Tx
Ed

punisher5112

tringlarido wrote: »

Hi,

I'm a tenant in apartment with parking.
The landlord had prospect to increase very highly the rent but can't because of the 4% capping.
My question is can he take the parking back if he's not happy ?

Tx
Ed

Is it in the lease?

tringlarido

yes

Baby01032012

tringlarido wrote: »

yes

Then he can't take it back.

It's part of the rental contract, apartment plus parking space.

tringlarido

thank you

punisher5112

Quite possible may try take it when lease is up though. So be weary of any changes if staying.

tringlarido

ok the lease is already up actually for few days.. so u think he could legally do it ?

Paulw

tringlarido wrote: »

ok the lease is already up actually for few days.. so u think he could legally do it ?

Only if you agree to sign a new lease, with that clause. You don't have to though, since you move on to Part IV tenancy. You don't need to sign a new lease each year.

varuka

Paulw wrote: »

Only if you agree to sign a new lease, with that clause. You don't have to though, since you move on to Part IV tenancy. You don't need to sign a new lease each year.

What if he adds parking charge on new lease with 4% rent increase? you have to agree and sign don't you?

TheChizler

varuka wrote: »

What if he adds parking charge on new lease with 4% rent increase? you have to agree and sign don't you?

I'm open to correction but you can refuse to sign a new lease and the status quo (bar rent) is maintained by default.

Fol20

TheChizler wrote: »

I'm open to correction but you can refuse to sign a new lease and the status quo (bar rent) is maintained by default.

then legally he wouldnt be able to use the parking space.. he can still keep paying rent without parking space. Open to correction though.

TheChizler

Fol20 wrote: »

then legally he wouldnt be able to use the parking space.. he can still keep paying rent without parking space. Open to correction though.

I'm pretty sure that would be a material change in the terms, unless the old lease said you forego the space when it concludes or something.

dudara

This "additional fee" approach has not been tested yet, but the competition authority recently told a landlords association to cease and desist from promoting this concept to its members.

http://www.independent.ie/business/personal-finance/property-mortgages/landlords-ordered-to-withdraw-threat-of-extra-charges-as-rent-cap-comes-in-35385929.html

Paulw

Fol20 wrote: »

then legally he wouldnt be able to use the parking space.. he can still keep paying rent without parking space. Open to correction though.

A rent increase does not require a new lease. It is simply a rent review.

You would not need to sign a new lease, especially after the initial six months, where you would get Part IV tenancy rights. The landlord can't simply change terms (such as parking) without agreement. So, you can have a rent review but not agree to give up the parking space. The landlord can't simply change terms requiring extra payment for parking, if parking was already included in the previous lease.

GhostyMcGhost

Paulw wrote: »

You don't need to sign a new lease each year.

Sorry to hijack but .... you don't? Our management company makes us and specifically stated if we didn't sign then it's assumed that we no longer wish to continue the tenancy and notice will commence

We want to move this year and I can't commit to 1 year. They'll make me stick to the lease if I try leave after I buy a house.

I'm aware I could reassign the lease but I get the feeling they would make that a stressful and awkward thing around the time of what would be stressful trying to move into our own place as well

If I don't HAVE to sign..... that's much easier

Pawwed Rig

Nope you do not need to sign a new lease each year

Paulw

GhostyMcGhost wrote: »

Sorry to hijack but .... you don't? Our management company makes us and specifically stated if we didn't sign then it's assumed that we no longer wish to continue the tenancy and notice will commence

No, you definitely don't need to sign a lease each year. Just tell them that you are invoking Part IV tenancy. Tell them that you are not signing a new lease and that they would be in breach of the Residential Tenancies Act if they attempt to force you or serve you with notice.

You need to go read up on your Part IV tenancy rights and even print some parts out to them.

http://www.rtb.ie/dispute-resolution/dispute-resolution/terminating-a-fixed-term-tenancy

Worth reading.

TheChizler

And just a note: part 4 is invoked automatically no need to explicitly say it. Just need to give them the appropriate notice that you intend to stay on past the end of the lease. And that's just so they don't charge you for money wasted on advertising etc.

Fol20

TheChizler wrote: »

I'm pretty sure that would be a material change in the terms, unless the old lease said you forego the space when it concludes or something.

Does a standard lease mention anything about parking? If it doesn't. Then it can be open to interpretation.

TheChizler

Fol20 wrote: »

Does a standard lease mention anything about parking? If it doesn't. Then it can be open to interpretation.

Probably not a standard one but they said it was specified in the lease.

varuka

dudara wrote: »

This "additional fee" approach has not been tested yet, but the competition authority recently told a landlords association to cease and desist from promoting this concept to its members.

http://www.independent.ie/business/personal-finance/property-mortgages/landlords-ordered-to-withdraw-threat-of-extra-charges-as-rent-cap-comes-in-35385929.html

Landlords will be looking at ways to get extra income from their rented properties with this new law even if it's with a slap on the wrist by the competition authority.

Fian

dudara wrote: »

This "additional fee" approach has not been tested yet, but the competition authority recently told a landlords association to cease and desist from promoting this concept to its members.

http://www.independent.ie/business/personal-finance/property-mortgages/landlords-ordered-to-withdraw-threat-of-extra-charges-as-rent-cap-comes-in-35385929.html

The competition authority takes issue with people who should be competing with each other co-operating. so it is unlawful from a competition perspective for petrol stations to agree with each other that they will all up the price of petrol or for landlords to collectively agree that they will all start imposing "key charges".

This does not suggest that it would be unlawful for each landlord (or all landlords) to individually decide to start imposing key charges. the competition authority's issue was with the IPOA suggesting a collective action, not with the action itself being in any way unlawful.

So the statement is not in any way evidence that imposing key charges would be unlawful. What it suggests is that landlords acting collectively to impose any charges would be unlawful.

4ensic15

I have heard of two landlords in an apartment development planning to swap parking spaces. Then, when the units come up for re- letting they will not be the same as previous and will be new lettings. It will be Apartment x plus no 10 parking space instead of Apartment X and no 20 parking space.

dudara

Fian wrote: »

This does not suggest that it would be unlawful for each landlord (or all landlords) to individually decide to start imposing key charges. the competition authority's issue was with the IPOA suggesting a collective action, not with the action itself being in any way unlawful.

So the statement is not in any way evidence that imposing key charges would be unlawful. What it suggests is that landlords acting collectively to impose any charges would be unlawful.

Absolutely correct interpretation. However, I would extrapolate that the PRTB may take a dim view of this practice also. But until it's tested, we won't know

TheChizler

4ensic15 wrote: »

I have heard of two landlords in an apartment development planning to swap parking spaces. Then, when the units come up for re- letting they will not be the same as previous and will be new lettings. It will be Apartment x plus no 10 parking space instead of Apartment X and no 20 parking space.

I'd be very interested to see if they got away with those kind of shenanigans!

4ensic15

TheChizler wrote: »

I'd be very interested to see if they got away with those kind of shenanigans!

There are going to be all kinds of stunts pulled.

varuka

4ensic15 wrote: »

There are going to be all kinds of stunts pulled.

No doubt. Expect addons and charges to be introduced by landlords in the next 3 years.