Parking Charge - Rent Pressure Zone

jcomm123

Hi
We've been renting an apartment for just over 3 years. The initial lease was for 1 year, but we've been on a rolling lease since. There was 3 of us renting the apartment together, but one person has moved out this month.
We found a new person to rent the room, and were told by the letting agency this was fine.
However, when the new person went in to pay the deposit etc, they were told there was a €100 charge for parking for any new person - which hadn't been mentioned previously. Parking has always been included in the rent, and we can see on their website that this is still the case for any new rentals.
Just wondering do we have any rights when it comes to parking, charging it to one person, when its always been included in the rent and still is to new rentals?
We're in a rent pressure zone so it looks to us like they are trying to increase the rent in another way, as we were probably due a rent increase this year by more than the 4%.

Graham

€100 one off payment, or €100 per month?

pedrohbaron

Yes, this is happening.
When I rent the place that I live back in January last year they asked me for a 50€ one off charge for the car parking, which they insisted to receive in cash (not include in the first rent), which i thought it was a bit weird.

This year I spoke with a few people renting other apartments and they told me the agency is charging 70 EUR per MONTH for the parking, even though there's a lot of free space on the car parking. greed as its best.

jcomm123

Graham wrote: »

€100 one off payment, or €100 per month?

€100 per month unfortunately

ED E

jcomm123 wrote: »

€100 per month unfortunately

They're chancers, big time.

If it were the OMC and everyone had to pay an annual charge, fine. But a 100€/mo rent top up is just that, topping up the rent.

If you were paying 600x3 before and getting apt + 3 spaces then charging any more for same is a rent increase. Stand your ground.

Graham

jcomm123 wrote: »

€100 per month unfortunately

Do you have individual tenancy agreements or is it a joint tenancy where a name has been changed?

If it's the latter, I'd register a dispute with the RTB for an illegal rent increase.

Fkall

If parking is not noted in the lease - than you have no come back.

Graham

Fkall wrote: »

If parking is not noted in the lease - than you have no come back.

If parking was always included, I'd argue otherwise.

Fkall

While you might argue otherwise - if there is nothing in writing there is no legal entitlement.

Graham

Fkall wrote: »

While you might argue otherwise - if there is nothing in writing there is no legal entitlement.

It's probably safe to assume the propert was advertised with parking.

davindub

Fkall wrote: »

While you might argue otherwise - if there is nothing in writing there is no legal entitlement.

Not really true, some things are just part of the contract without being discussed. Parking has been available for 3 years to the original tenants without charge.

This is a new charge the previous tenants did not have to pay and as such is a rent increase. Disgraceful really.

Graham

Might be worth looking through some of the recent RTB determinations to see if there's been any along these lines. I don't doubt there will be some landlords trying to chance their arm.

jcomm123

Ya, unfortunately it doesn't mention parking in the lease, so I'm not sure if we're legally entitled to it, even though it was advertised as included at the time, and new rentals still have it advertised as included.

Might just have to suck it up between us or find someone who doesn't drive to take their room. Wouldn't be surprised if they try to charge the rest of us later though, so will have to try the RTB route if that happens

davindub

If you have been getting free parking up to now you are legally entitled to it and any new tenants that replace original tenants are also entitled.

I would kick up a fuss first to see if they back down, the agent knows it's a illegal rent review no matter how they label it.

Graham

davindub wrote: »

I would kick up a fuss first to see if they back down, the agent knows it's a illegal rent review no matter how they label it.

+1

pilly

This is roguery at it's finest. I wouldn't let it pass OP because as you say they'll be looking for it off you all next.

Victor

Does landlord / agent have the right to lease something they only have a licence to use? And not necessarily an exclusive licence to use.

Fkall wrote: »

If parking is not noted in the lease - than you have no come back.

Keys, access to common areas, opening of windows, etc. also probably aren't mentioned in the lease, but are integral parts of the contract.

jimmycrackcorm

Victor wrote:

Keys, access to common areas, opening of windows, etc. also probably aren't mentioned in the lease, but are integral parts of the contract.

All required for access to the apartment being rented. Parking isn't integral and can just as easily be argued as being provided at the LLs discretion.

One thing I'm curious about is if there is an allocated space, how wild the agency prevent it being used anyway?