How to handle a rent increase without 3 months not

MarinersBlues

I have been renting a property for 2 years.
It has been a hassle free tenancy, I never contact them and pay my rent/bills on time.
The rent was market rate when I took on the contract.
I was expecting to get notice of rent increase for this January as I am paying slightly below market at the moment.
The landlord got in touch today saying my rent this month has increased and that he had sent me notice in the post 3 months ago.
I have never received the notice he described.
When I told him that he accused me of lying.

How should I handle this?
I would actually be happy to pay the rent he has asked for but am a bit pissed off with the way this has been handled from his end.

L1011

RTB - landlord isn't going to have proof of the notice being delivered or valid to begin with.

I'd personally assume the notice never existed and they're panicking over the new rules

Ms Doubtfire1

In a dispute case he would have to prove he sent you the letter with some kind of slip from the post office. I'd be pissed off as well as it seems LL are being a bit in cowboy mood with all the new legislation changes.On the other hand,if you are ok with the increase, maybe send him an official letter stating you accept it this time but he will have to make sure the next increase is announced in a timely fashion and he has to make sure you have received it?

Sarn

If this is in a rent pressure zone I take it the LL is looking to circumvent the 4% cap?

pilly

Depends on whether or not you're in one of the pressure zones.

jimmycrackcorm

MarinersBlues wrote: »

The landlord got in touch today saying my rent this month has increased and that he had sent me notice in the post 3 months ago.

How did he manage to get in contact with you today compared to three months ago?

Also when was your two years up since the last increase?

If you're happy with the increase then just pay it otherwise let your landlord know you are opening a dispute with the RTB about the lack of proven notice.

FledNanders

This happened to me a while back, although he never claimed to have posted an increase. He just tried to up the rent with 1 month's notice by phone.

I played dumb about the laws and told him to send it in writing. I waited for this to arrive then got in touch saying by law he had to give 90 days notice and I wasn't increasing it until that was up. He never replied and I raised my standing order after the 90 days was up and haven't heard from him since.

I contacted the PRTB at the time and they said I was completely in the right, all the cards are with the tenant in this situation as far as I can see.

MarinersBlues

jimmycrackcorm wrote: »

How did he manage to get in contact with you today compared to three months ago?

Also when was your two years up since the last increase?

If you're happy with the increase then just pay it otherwise let your landlord know you are opening a dispute with the RTB about the lack of proven notice.

He rang me. I asked him why he didn't ring me prior to this, he didn't really answer the question.
December.
Because 1) it is substantial, 12% of my current rent.
2) I don't want to pay extra when as far as I was concerned we had an agreement in place.
3) He called me a liar so I don't really feel like placating him now.
Happy to pay might not be the right turn of phrase here. It's more that I accept the reasoning behind it, but I want to be given notice.

Browney7

MarinersBlues wrote: »

He rang me. I asked him why he didn't ring me prior to this, he didn't really answer the question.
December.
Because 1) it is substantial, 12% of my current rent.
2) I don't want to pay extra when as far as I was concerned we had an agreement in place.
3) He called me a liar so I don't really feel like placating him now.
Happy to pay might not be the right turn of phrase here. It's more that I accept the reasoning behind it, but I want to be given notice.

Ah the usual trick of calling a person a lier when it's highly probable he's lying himself.

Realistically he would have typed it up with the three comparable properties in the area so could probably see when the letter was first created by looking at the file properties if he would be so kind as to forward you a soft copy.

Would recommend just dealing with him via email also so you have everything in writing.

Are you in a rent pressure zone OP? If you are you're realistically set for a 4% raise once you receive a 90 day notice of review. Is he really going to issue eviction proceedings and bring you to prtb if you keep paying what you are paying? I'm sure him going in front of an adjudicator saying "I honestly sent a review letter on x date guvnor." If only someone ran a service where you could prove sending and receipt of a letter?

If you are outside a rpz just wait to actually get valid letter of review. Keep a contingency of the difference on the slight chance you lose.

MarinersBlues

Browney7 wrote: »

Is he really going to issue eviction proceedings and bring you to prtb if you keep paying what you are paying?

I don't think he will.
I am in Galway which is not a RPZ yet.
I am sure we can sort this amicably I just wanted to see what others reactions to this was.
I just got a bit of a land earlier when he rang me looking to hike the rent out of the blue.
I am going to suggest we take today as the notice day and proceed as normal.

Giving him the benefit of the doubt as to the posting of the notice; I do think he should have confirmed that I received the notice by phone or e-mail or indeed registered post.
If he keeps up the ****ty tone he took today I will go to the prtb.

Browney7

MarinersBlues wrote: »

I don't think he will.
I am in Galway which is not a RPZ yet.
I am sure we can sort this amicably I just wanted to see what others reactions to this was.
I just got a bit of a land earlier when he rang me looking to hike the rent out of the blue.
I am going to suggest we take today as the notice day and proceed as normal.

Giving him the benefit of the doubt as to the posting of the notice; I do think he should have confirmed that I received the notice by phone or e-mail or indeed registered post.
If he keeps up the ****ty tone he took today I will go to the prtb.

Honestly, how could you not have received the letter? Do not have a locked mailbox if you're in an apartment of a letterbox if you have a front door.

Only you know yourself what you'll be happy with, I'd wait to receive valid notice of review myself. If he's charging market rents you should be getting a professional service from someone who knows the correct and proper procedures

MarinersBlues

Browney7 wrote: »

Honestly, how could you not have received the letter? Do not have a locked mailbox if you're in an apartment of a letterbox if you have a front door.

We occasionally get post into our postbox that is not addressed to us. It seems to happen a bit as we see letters left on top of the post-boxes at the door to the building by other occupants. I have had an esb bill not arrive and another innocuous letter from this landlord that I did not receive but subsequently got a follow up text.

exaisle

Just ask politely ask him to send you a copy of what he sent you.

If it doesn't comply with legislation (eg. he must include evidence of the current rent of three similar properties) then you can argue that his notice was invalid anyhow....and if he insists on increasing the rent you can take him to the RTB...

MarinersBlues

exaisle wrote: »

he must include evidence of the current rent of three similar properties.

It looks like he is missing this.
That should sort it.
I'll accept notice of an upcoming increase from him tomorrow and we'll continue with our very pleasant but professional relationship.

Cheers guys!