Who is enforcing rent controls?

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Graham

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RTB:

https://www.rtb.ie/rent-pressure-zones/rent-pressure-zones

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TimeToShine

If he isn't even registered with the RTB he clearly doesn't give an F about something like rent control. He probably collects in cash and doesn't pay tax either.

Graham

Could be a nice bonus for the new tenants if they discover the original rent.

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Graham

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It will be interesting to see what happens if a landlord in a RPZ submits a new tenancy to the RTB at an increased rent that contravenes the new legislation.

DubCount

I dont believe it can be enforced where there is a change of tenant. Even when registered with the RTB, the RTB database is unreliable, and they cant tell if there has/has not been a major refurbishment since the last letting.

The new tenant could take a case to the RTB if they have any proof of the last tenancy rates, but will any tenant want to have that fight with their landlord given how hard it is to get a place to rent at the moment.

I have yet to see one example of a property to rent on Daft that is either well below market rate (unless its a scam), or that shows a calculation of rent based on 4% increase over previous letting. Is every new letting advertised a first time let or a first let after a major refurbishment?

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Graham

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So guy who ignores legislation, ignores new legislation. It's d surprising but it's probably fair to say its not representative of most law-abiding landlords.

Samuel T. Cogley

Of course it has to be reported, reported and people to go along as witnesses. If one's not willing to do that then there's little point complaining.

grogi

Does it even apply when a new rent starts? I think those regulations are there to protect existing tenants...

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Samuel T. Cogley

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It's likely enough. The LL can't turf them out and they get their rent reduced. The problem is with proving it, that requires the normal civil standard.

Samuel T. Cogley

I'm not sure too much of a to do will be made about these controls though. They are possibly unconstitutional if forcing a LL to rent below market rate. If they stay beyond the three years or if the RTB start getting heavy handed I expect them to go frankly.

Samuel T. Cogley

Samuel T. Cogley wrote: »

It's likely enough. The LL can't turf them out and they get their rent reduced. The problem is with proving it, that requires the normal civil standard.

Its very unlikely they will find out, in fact its almost impossible unless the old/new tenants cross paths or know each other (unlikely) or someone reports the LL (again very unlikely, people aren't in the habit of reporting things like this as it usually comes back to bite them and that's if they even know what the rent is/was).

Also the LL can turf them out in the first 6 months remember.

My guess would be that a very small percentage of new lettings are paying any heed at all to the new rules. Also a lot of current tenants don't even know about the rules so there are plenty of tenants accepting rent increases above the new rules (above 4% and less than 2 years since last review) as they simply don't know any different.

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I love Sean nos

Are you still in touch with the old tenants?
If you are, find out how they paid the rent? There's your proof of the old rent.
Not registering with the RTB does not excuse the landlord or the tenants from the regulations. The new tenants are still protected. In fact, there should be a fine coming his way for not registering the tenancy.
If the new tenants have signed a lease, tell them the old rent and provide the accompanying evidence received from the old tenants.
New tenants raise complaint with RTB. Lease prevents any action from the landlord.

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I love Sean nos

I love Sean nos wrote: »

Are you still in touch with the old tenants?
If you are, find out how they paid the rent? There's your proof of the old rent.
Not registering with the RTB does not excuse the landlord or the tenants from the regulations. The new tenants are still protected. In fact, there should be a fine coming his way for not registering the tenancy.
If the new tenants have signed a lease, tell them the old rent and provide the accompanying evidence received from the old tenants.
New tenants raise complaint with RTB. Lease prevents any action from the landlord.

Why would the op involve himself in this? I certainly wouldn't especially if I knew the LL.

I love Sean nos

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I understand. But someone has to tell someone in order for it to be enforced. I can't think of a inexpensive way of doing that.

Landlord has to register the rent with each new tenancy as part of the RTB registration? He hasn't registered yet. No guarantee that the RTB will put 2 + 2 together. Maybe this is already part of the registration requirement, but it's not working.
Tenant registers the rent with the RTB at the beginning of the tenancy? This might work as it's in their own best interest.
Some sort of link between the RTB and Revenue? But if the landlord is working in cash only, it mightn't work.

Graham

I love Sean nos wrote: »

Landlord has to register the rent with each new tenancy as part of the RTB registration? He hasn't registered yet. No guarantee that the RTB will put 2 + 2 together. Maybe this is already part of the registration requirement, but it's not working.
Tenant registers the rent with the RTB at the beginning of the tenancy? This might work as it's in their own best interest.
Some sort of link between the RTB and Revenue? But if the landlord is working in cash only, it mightn't work.

If a landlord was ignoring their legal obligations before, additional obligations are unlikely to have changed that. That doesn't mean there aren't many hundreds/thousands now benefitting from the new legislation.

I've seen no evidence that there's large scale side-stepping of the RPZ limits.

I love Sean nos

Tatiana Full Locket wrote: »

Why would the op involve himself in this? I certainly wouldn't especially if I knew the LL.

I don't know. Maybe because he opened the thread in the first place.

Browney7

I read a doc from Sherry Fitz recently stating that at the outset of the tenancy the landlord has to state how they have calculated the rent or else justification for it - rent is €x as it hasn't been rented before or rent was €x and is now €x +4%.

Doubtful this is being done now and any prospective tenant will meet a prompt "next!" From the LL.

Nothing to stop a tenant after 18 months putting in a speculative complaint to the RTB that they believe they were charged a rent that was illegal and see how they get on. People here rave that the RTB is obscenely pro tenant so no reason why they'll buck the formbook here either.

I've seen a few properties advertised with a rent of €1040 or €1144 but they're in the minority

questionmark?

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Nox I would go a lot further and say that there are plenty of tenants who DO know about the new rules but are still accepting rent increases above because they dont want to lose their home and its virtually impossible to get a new place to rent.

I know 2 people in my office have accepted rent increases beyond the rules in recent weeks because they simply cant afford to move.[/quote]

But they wouldn't have to move surely? If you are in a part 4 tenancy and the LL asks to increase the rent by more than 4% you can quite simply refuse and the Landlord will not be able to evict on what would be an illegal attempt to increase the rent.

ED E

Been saying this since they announced it. RPZs will protect in situ tenants, wont do a bit of good for any new tenants.

Need a robust registry of tenancies with accurate data to bridge the gulf between exiting and entering tenants.

questionmark?

questionmark? wrote: »

But they wouldn't have to move surely? If you are in a part 4 tenancy and the LL asks to increase the rent by more than 4% you can quite simply refuse and the Landlord will not be able to evict on what would be an illegal attempt to increase the rent.

The LL can say they are selling or want to move in and then rerent at a higher rent. Now of course this could very well come back to bite the LL but it still means the tenant has to move as they can't refuse a termination for selling/moving in etc.

davindub

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Some people will break the rules and aren't bothered about 2k fines and a criminal conviction.

You are right we do need a better system, one might be to get all tenants to register with the PRTB for a tax credit (where have we seen this before?).

questionmark?

Tatiana Full Locket wrote: »

questionmark? wrote: »

But they wouldn't have to move surely? If you are in a part 4 tenancy and the LL asks to increase the rent by more than 4% you can quite simply refuse and the Landlord will not be able to evict on what would be an illegal attempt to increase the rent.

The LL can say they are selling or want to move in and then rerent at a higher rent. Now of course this could very well come back to bite the LL but it still means the tenant has to move as they can't refuse a termination for selling/moving in etc.

If a tenant refused a rent increase under the new rules and got a notice to leave as they were selling the landlord would be asking for trouble from a tenant who already knows the rules.

Samuel T. Cogley

Tatiana Full Locket wrote: »

The LL can say they are selling or want to move in and then rerent at a higher rent. Now of course this could very well come back to bite the LL but it still means the tenant has to move as they can't refuse a termination for selling/moving in etc.

Then they spot the place for rent again and make a case at the RTB using nothing more than a lease and a couple of screenshots and get thousands in damages.

Not a smart strategy tbh.

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