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Advice Please

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  • 17-06-2017 6:30pm
    #1
    towntown
    Registered Users Posts: 28 ✭


    I have been renting a house since 2014. We signed a new 2 year lease in 2015 which is due to expire in November. As with everywhere rents have sky rocketed lately and a few months back our landlord informed us that our rent would increase but didn't tell me by how much. He said he will get a estate agent out closer to the time ie in Sep/Oct time to give him a valuation of how much he should be charging. He called out last week and when I asked him about the rent increase he said basically I will not be able to afford the increase as I am receiving RA.

    In the meantime I have been on the lookout for properties which fit into my price range and accept RA. It has been incredibly hard to find one but yesterday I stumbled across a house not too far from my current house which is in the middle of been renovated. I spoke to the landlord and he informed me he would be willing to accept RA and the house will be available at the beginning of August. The rent is 200 euro more a month than what I am paying now but is still quite cheap when comparing similar properties on daft.ie

    This leaves me in a situation which could technically mean that I maybe breaking the current lease. All things said I have a decent relationship with my current landlord and would give him 6 weeks notice to get new tenants in.

    Any advice please? Am I entitled to my deposit back?


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    #2
    L'prof
    Registered Users Posts: 12,034 ✭✭✭✭L'prof


    towntown wrote: »
    I have been renting a house since 2014. We signed a new 2 year lease in 2015 which is due to expire in November. As with everywhere rents have sky rocketed lately and a few months back our landlord informed us that our rent would increase but didn't tell me by how much. He said he will get a estate agent out closer to the time ie in Sep/Oct time to give him a valuation of how much he should be charging. He called out last week and when I asked him about the rent increase he said basically I will not be able to afford the increase as I am receiving RA.

    In the meantime I have been on the lookout for properties which fit into my price range and accept RA. It has been incredibly hard to find one but yesterday I stumbled across a house not too far from my current house which is in the middle of been renovated. I spoke to the landlord and he informed me he would be willing to accept RA and the house will be available at the beginning of August. The rent is 200 euro more a month than what I am paying now but is still quite cheap when comparing similar properties on daft.ie

    This leaves me in a situation which could technically mean that I maybe breaking the current lease. All things said I have a decent relationship with my current landlord and would give him 6 weeks notice to get new tenants in.

    Any advice please? Am I entitled to my deposit back?

    Your current landlord said you wouldn't be able to afford the increase but isn't there a max percentage increase every 2 years? I'd be surprised if that amounted to the extra €200 quoted in potential house. Somebody else on this forum should be able to give you exact figures. Still worth looking into current accomodation


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    #3
    towntown
    Registered Users Posts: 28 ✭towntown


    L'prof wrote: »
    Your current landlord said you wouldn't be able to afford the increase but isn't there a max percentage increase every 2 years? I'd be surprised if that amounted to the extra €200 quoted in potential house. Somebody else on this forum should be able to give you exact figures. Still worth looking into current accomodation

    Current accommodation is not up to scratch tbh. Sewage regularly spills into the garden. Whenever theirs heavy rain the front window leaks through onto my sofa. Bathroom window leaks as well with heavy rain and radiators don;t heat up fully. We have told our landlord about these problems he has tried to fix the sewage problem and the window but still faulty as he wont get professional tradesmen out to do the work. He also says the radiators need to be 'balanced' in a certain way to get heat spread all across the house.


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    #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    You can't assume that the new house will go ahead either. The new LL could change his mind, especially if the cost of the work goes over budget.


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    #5
    towntown
    Registered Users Posts: 28 ✭towntown


    4ensic15 wrote: »
    You can't assume that the new house will go ahead either. The new LL could change his mind, especially if the cost of the work goes over budget.

    LL is a friend of a family member. Same family member also doing the work for the LL and has passed my name on and LL who has agreed to let house to me.


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    #6
    gizmo81
    Banned (with Prison Access) Posts: 1,695 ✭✭✭gizmo81


    If he's not fulfilling his obligations and maintaining the property why haven't you referred a dispute to the RTB?

    Are you in a Rent Pressure Zone?
    https://www.rtb.ie/rent-pressure-zones/rent-pressure-zones
    towntown wrote: »
    Current accommodation is not up to scratch tbh. Sewage regularly spills into the garden. Whenever theirs heavy rain the front window leaks through onto my sofa. Bathroom window leaks as well with heavy rain and radiators don;t heat up fully. We have told our landlord about these problems he has tried to fix the sewage problem and the window but still faulty as he wont get professional tradesmen out to do the work. He also says the radiators need to be 'balanced' in a certain way to get heat spread all across the house.


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    #7
    towntown
    Registered Users Posts: 28 ✭towntown


    gizmo81 wrote: »
    If he's not fulfilling his obligations and maintaining the property why haven't you referred a dispute to the RTB?

    Are you in a Rent Pressure Zone?
    https://www.rtb.ie/rent-pressure-zones/rent-pressure-zones


    I wasn't aware that I could report him to the RTB. Anway I wouldn't want to be falling out with the LL. I have video proof of all these problems which date back to 2016.

    No unfortunately I am not in a rent pressure zone.


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    #8
    gizmo81
    Banned (with Prison Access) Posts: 1,695 ✭✭✭gizmo81


    It's a business transaction, you should't consider it as 'falling out'.

    If you have evidence it could well be worth referring a dispute free of charge (Telephone mediation) to the RTB.
    towntown wrote: »
    I wasn't aware that I could report him to the RTB. Anway I wouldn't want to be falling out with the LL. I have video proof of all these problems which date back to 2016.

    No unfortunately I am not in a rent pressure zone.


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    #9
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    gizmo81 wrote: »
    It's a business transaction, you should't consider it as 'falling out'.

    If you have evidence it could well be worth referring a dispute free of charge (Telephone mediation) to the RTB.

    The guy has found a LL who will accept RA, there are not a lot of them around, the op knows the rent is going to substantially increase and the property is not in a RPZ, why on earth would he/she want to draw attention to themselves by opening a dispute with the RTB? What is to be gained by this? If the new LL catches wind of the RTB complaint made by the op, there's a good chance that property will disappear as LL's want to avoid renting to troublesome tenants with no references.

    The op is leaving, why do you and your fellow militant keep advising all tenants to open RTB disputes even when it's counterproductive to the tenant?


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    #10
    gizmo81
    Banned (with Prison Access) Posts: 1,695 ✭✭✭gizmo81


    I advise people to open up disputes against slum landlords, as the op said;

    Current accommodation is not up to scratch tbh. Sewage regularly spills into the garden. Whenever theirs heavy rain the front window leaks through onto my sofa. Bathroom window leaks as well with heavy rain and radiators don;t heat up fully. We have told our landlord about these problems he has tried to fix the sewage problem and the window but still faulty as he wont get professional tradesmen out to do the work. He also says the radiators need to be 'balanced' in a certain way to get heat spread all across the house.


    Who is my fellow militant?

    How is it counterproductive? More tenants need to refer disputes!
    davo10 wrote: »
    The guy has found a LL who will accept RA, there are not a lot of them around, the op knows the rent is going to substantially increase and the property is not in a RPZ, why on earth would he/she want to draw attention to themselves by opening a dispute with the RTB? What is to be gained by this? If the new LL catches wind of the RTB complaint made by the op, there's a good chance that property will disappear as LL's want to avoid renting to troublesome tenants with no references.

    The op is leaving, why do you and your fellow militant keep advising all tenants to open RTB disputes even when it's counterproductive to the tenant?


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    #11
    Mrs OBumble
    Registered Users Posts: 25,957 ✭✭✭✭Mrs OBumble


    OP if your LL wants to put the rent up he may well be open to you leaving earlier than planned. Ask him and see if he will negotiate an earlier date with you.


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    #12
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    towntown wrote: »
    We have told our landlord about these problems he has tried to fix the sewage problem and the window but still faulty as he wont get professional tradesmen out to do the work. He also says the radiators need to be 'balanced' in a certain way to get heat spread all across the house.
    Does the OP have to be living there when they bring the PTRB complaint against the current LL?

    Or can they do so after the move, so that they get a LL reference now, get to leave the lease early, move into the new house, and then fire off the parting shots when they're in a safer better house?


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    #13
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    gizmo81 wrote: »
    I advise people to open up disputes against slum landlords, as the op said;

    Current accommodation is not up to scratch tbh. Sewage regularly spills into the garden. Whenever theirs heavy rain the front window leaks through onto my sofa. Bathroom window leaks as well with heavy rain and radiators don;t heat up fully. We have told our landlord about these problems he has tried to fix the sewage problem and the window but still faulty as he wont get professional tradesmen out to do the work. He also says the radiators need to be 'balanced' in a certain way to get heat spread all across the house.


    Who is my fellow militant?

    How is it counterproductive? More tenants need to refer disputes!

    The op has a verbal agreement only for a property to rent, and that can be difficult enough to get, add in a LL who will accept RA and the op is extremely lucky. Why jeopardise that?

    The RTB website is now becoming a defacto register of tenants/LL who LL/tenants want to avoid.


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    #14
    gizmo81
    Banned (with Prison Access) Posts: 1,695 ✭✭✭gizmo81


    By the time the OP goes to adjudication and by the time the report goes on the RTB Website, the OP will be well moved into their new property


    davo10 wrote: »
    The op has a verbal agreement only for a property to rent, and that can be difficult enough to get, add in a LL who will accept RA and the op is extremely lucky. Why jeopardise that?

    The RTB website is now becoming a defacto register of tenants/LL who LL/tenants want to avoid.


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    #15
    Fian
    Registered Users Posts: 2,192 ✭✭✭Fian


    OP, ignore the advice about opening a dispute with the RTB - you are leaving anyway doing this will not benefit you and may backfire spectacularly if you need a reference from existing landlord.

    I suggest you speak to your landlord about terminating early - i would be surprised if landlord is not open to that since they expect to be getting a higher rent after you have moved out. Especially since they have told you that you won't be able to afford the new rent. I imagine they will be willing to return the deposit and waive notice period.


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    #16
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    gizmo81 wrote: »
    By the time the OP goes to adjudication and by the time the report goes on the RTB Website, the OP will be well moved into their new property

    So what's the point in opening a dispute? The ops name is there for any prospective LL to see, that would be a no no for many landlords, too much risk in letting someone like yourself into a property.

    Sometimes you have to get out of your own way.


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    #17
    gizmo81
    Banned (with Prison Access) Posts: 1,695 ✭✭✭gizmo81


    The reason is because the landlord has not maintained the property as outlined by the OP.

    Tenants are the enforcement for landlords. Better to bring this LL before the RTB before the next tenant moves in.

    The OP could be entitled to hundreds for the time he lived in the property and the LL didn't maintain it.


    davo10 wrote: »
    So what's the point in opening a dispute? The ops name is there for any prospective LL to see, that would be a no no for many landlords, too much risk in letting someone like yourself into a property.

    Sometimes you have to get out of your own way.


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