Rent increase but lease signed in December

gizmo81

Hi Mrs. Lancaster, I hope this helps regarding when to issue a notice. It seems to be the expiry of 24 and not within, I've taken some examples from RTB.

This is taken from the RTB website Rent Certainty Measures page Serving a Rent Review Notice outside of a Rent Pressure Zone

I believe the wording indicates that a notice of Rent Review cannot issue until the expiry of 24 months


Example 1:
A landlord reviews the rent of a dwelling on 1 January 2016 by serving a 90 day notice of rent review indicating that the change will take effect from the 1st April 2016. A subsequent Notice of Rent Review can not issue until 1 January 2018 and must also provide 90 days Notice prior to the change taking effect.
Example 2:
A landlord has reviewed the rent of a dwelling on 3 December 2015 (prior to the commencement of the new legislative changes), and served a 28 day notice that the rent was to increase on 1 January 2016. The next rent review notice can not issue until 3 December 2017 and would additionally have to provide 90 days notice prior to the change taking effect, which would be 4 March 2018.


Example 6:
Larry and Mary, a couple living in Dublin, with their 3 children, rent their 3 bed house for €1,300 per month. Their last rent review was in September 2013. Upon enactment, Larry and Mary's landlord can initiate a rent review at any time, as it is more than two years since their last rent review.

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

Landlords outside RPZ can only review the rent on the expiry of 24 months except in limited circumstances.

Serving a Rent Review Notice outside of a Rent Pressure Zone
A landlord can only review the rent once in any 24 month period, and cannot review within 24 months of the commencement of the tenancy except in limited circumstances such as a complete refurbishment of the property which affects the market rent of the dwelling.

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

The_Conductor

The above does not apply to the OP- who has not had a rent review, as per the RTB description, since the commencement of the tenancy- over 5 and a half years ago.

The tenant is safe until the elapse of their fixed term lease- the only thing in question among other posters- is when is the appropriate time to serve the notice of rent review- within the period of the fixed term lease, but at least 90 days before its elapse- to take effect on day 1 after the elapse of the fixed term lease- or on the elapse of the fixed term lease to take effect 90 days hence.

In addition- the OP *is not* in a rent pressure zone- and is not confined to the 4% per annum increase (they haven't advised what the suggested percentage increase is- however, all it has to be, is in keeping with local market rates).

If Mrs. Lancaster would like to discuss a different scenario to the OP's- it really has to be in a new thread- as there are completely different scenarios being discussed here- and the OP is at risk of reading wholly unrelated information on their thread which could send them off in a wholly incorrect direction, and potentially cause them issues with their landlord (and/or the RTB).

Kindly confine discussions to the OP's query- if you want to discuss other queries- start a new thread.