Landlord tried to increase rent illegally now selling

ABB123

My landlord tried to increase my rent substantially about 3 months ago. I'm residing there almost three years with one rent increase almost 2 years ago. I tried to negotiate the rent increase with them but they were having none of it.

I challenged them on the notice that they served and through digging around it turned out to be invalid. The notice of increased rent was served in November 2016 and my last rent increase was February 2015. A few weeks later the rent caps came in.

My fixed term lease is up in a few weeks and the EA emailed a few weeks ago saying the landlord is thinking of selling and that they'll be in touch in due course. I ignored this email.

Just wondering where I stand now in terms of the landlord evicting me.

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Fian

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3 month notice of increase in rent could not be served until February 2017, 24 months after last rent review. Rent increase will take effect 90 days after 2 year anniversary of last increase.

This increase is now limited to 2% per annum since the last rent increase, with subsequent increases to be at 4% per annum, permitted annually.

So a rent review and notice of increased rent served in November would have been invalid.

@ OP - the landlord is entitled to evict you if he/she intends to sell within 3 months, this is a valid basis to terminate a part IV tenancy. When you are 4 years in situ you can be evicted for any reason - e.g. just because the Landlord wishes to evict you. The failed rent increase is irrelevant (though it may have influenced landlord's decision to sell. you could consider informing the landlord that you propose to monitor the apartment to confirm that it is actually going up for sale.

ABB123

You can only be served with a notice of rent increase 24 months after your last rent increase. My last one was 27 February 2015 so in order for the rent increase to be legit it would have had to been seved on or after 27 February 2017.

I thought it was valid myself at the start but i researched it and rang Treshold and the RTB and both comfirmed the landlord was in the wrong.

I presumed 90 day prior notice had to be given before the expiry of a lease but in fact it has nothing to do with it. Rent increase can only be served on the day or after 24 months of your last increase.

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ABB123

Previous increase was 60 per month, they wanted an increase of €425 per month in November

ABB123

Previous review was in Feb 2015 kicked in on the next month rent date

neris

maybe the landlords in trouble with the bank and cos rent cant be increased they are forcing him to sell or else hes fed up subsidising the rent himself and wants out

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ABB123

It was done through a phone call that would have been before the 2 year cap came in later on that year,

Rent was the same for 2016 then November got the increase letter, everything in it was legit except the timing of the service. Yes they provided 3 properties of similar price but not character, house is very old and hasn't been modernised renovated or fixed up since the 80s

ABB123

Was nearly brown pants time when I saw the figure myself

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mickmac76

OP I assume you are in one of the rent pressure zones and the rent increase is limited to 4%. If the landlord does decide to sell I don't think you can do anything as long as you are given the correct notice.

seagull

Bear in mind that if you were to do that, you would find it very difficult to ever rent again. Any prospective landlord who looks you up in PRTB and finds the record of that is going to be looking at another tenant.

spaceHopper

If a LL was decent and kept the rent affordable for a good tenant insta of following the market he's been made a fool of by the new rent caps, when a tenant leaves he's still locked into no more than 4% of the last rent. Lots are going to get out of the market. Or they will do majour fix up and then re rent at a much higher price. Also the says of no inreases are over thanks to the "pressure zones" LL's will keep an eye on the market and follow it. What's going to happen when the 3 years of the pressure zone law is up, they will have to extend it or there will be a massive jump in rents. All of this is a side effect of a poorly though out scheme

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mickmac76

spaceHopper wrote: »

If a LL was decent and kept the rent affordable for a good tenant insta of following the market he's been made a fool of by the new rent caps, when a tenant leaves he's still locked into no more than 4% of the last rent. Lots are going to get out of the market. Or they will do majour fix up and then re rent at a much higher price. Also the says of no inreases are over thanks to the "pressure zones" LL's will keep an eye on the market and follow it. What's going to happen when the 3 years of the pressure zone law is up, they will have to extend it or there will be a massive jump in rents. All of this is a side effect of a poorly though out scheme

If a landlord does renovations on the property are they then allowed to increase the rent by more than 4%. If so thats something I was not aware of. What exactly counts as renovations for this.

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Claw Hammer

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The landlord will be asked to schedule the works done and provide evidence of purchasing the materials at the very least. Without have applied for planning permission, engaged a contractor, the family member will be cross examined and asked how the work was done. It is an offence to give false or misleading information to the RTB. This is the adult world and bull**** about family members explaining away no receipts won't get far.

CIARAN_BOYLE

Claw Hammer wrote: »

The landlord will be asked to schedule the works done and provide evidence of purchasing the materials at the very least. Without have applied for planning permission, engaged a contractor, the family member will be cross examined and asked how the work was done. It is an offence to give false or misleading information to the RTB. This is the adult world and bull**** about family members explaining away no receipts won't get far.

The works don't have to require planning permission.

Someone can produce a receipt. The LL can claim that as an expense and the person 'doing the work' report it as income. Hand over cash to explain away the difference in the tax bills.

GGTrek

CIARAN_BOYLE wrote: »

Claw Hammer wrote: »

The landlord will be asked to schedule the works done and provide evidence of purchasing the materials at the very least. Without have applied for planning permission, engaged a contractor, the family member will be cross examined and asked how the work was done. It is an offence to give false or misleading information to the RTB. This is the adult world and bull**** about family members explaining away no receipts won't get far.

The works don't have to require planning permission.

Someone can produce a receipt. The LL can claim that as an expense and the person 'doing the work' report it as income. Hand over cash to explain away the difference in the tax bills.

You don't seem to have experience with RTB procedures. The landlord has to have everything documented. If it is DIY work they will want to see material invoices and photos of the works. The onus is always on the landlord to prove even when it should not be: for example a tenant claiming falsely that the landlord was aggressive with him.That is why I suggest that any direct dealing with a dodgy tenant has to be done with witness.

The issue is the following: should the RTB be allowed to issue penalties to landlord when the tenant presents only hearsay? It should not, but for a landlord the only avenue left is appealing to the high court which is extremely expensive (a few tens of thousand euros at least in legal fees to stop the most scandalous breaches of the RTB tribunals with the risk that only a partial recovery of legal costs is allowed), so it is better for the lanldord to pay a few hundred euros penalty than appealing to the high court. The RTB system is unfortunately broken <mod snip:politics>

Samuel T. Cogley

In regards to selling the LL is completely within their rights and can give notice on that basis. I and I know others have popped out of Neg. Equity recently enough. If he's taking a 'loss' in terms on month to month he may just be wanting rid.

4ensic15

CIARAN_BOYLE wrote: »

The works don't have to require planning permission.

Someone can produce a receipt. The LL can claim that as an expense and the person 'doing the work' report it as income. Hand over cash to explain away the difference in the tax bills.

A receipt is hearsay. It is not admissible. I have been at the RTB in a case where the LL had to bring in the builder to prove the works were done. The RTB
are very skeptical of LLs and asinine stories about cash jobs for a substantial upgrade won't cut the mustard.

athtrasna

As the OP has closed their account, thread closed