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The rent goes up again
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With regards to increases in RPZ, I've heard that if LL need to carry out substantial work on the property they can go over the restrictions. But do they still need to wait the 2 years?
For example you rent a property in Jan 17 and in Nov 17 the heating needs a major overhaul/replacement. The lease is up for renewal in Jan 18. Can the LL say, sorry the rent is going up 10% now or do they need to wait until Jan 19 to do it.
That's into serious grey area speculation on how the legislation is meant to work. OP's question was answered. Thread closed.0 -
With regards to increases in RPZ, I've heard that if LL need to carry out substantial work on the property they can go over the restrictions. But do they still need to wait the 2 years?
For example you rent a property in Jan 17 and in Nov 17 the heating needs a major overhaul/replacement. The lease is up for renewal in Jan 18. Can the LL say, sorry the rent is going up 10% now or do they need to wait until Jan 19 to do it.
In which case you have a leasehold agreement with the landlord- which will normally specify the rent amount at the outset, and the terms under which the rent can be increased. Most landlords use a copy of paste from the Act, and update it as appropriate- however, if you have a lease, as opposed to relying on a Part IV tenancy- you cannot be evicted for the term of the lease- aside from under very specific circumstances- which would normally be spelt out in the lease.
By the way- a new heating system- comes under 'white goods' and is depreciated under the 12.5% rule by Revenue- with an expected lifespan of 10-12 years (written down in the first 8). It would be very difficult for a landlord to argue that it qualified as a substantial work under the Act.
When you have a fixed term lease- from a tenant's perspective- it can only give you additional rights- it cannot detract in any manner from your rights under the Residential Tenancy Act (as amended)- so dig out your lease- and go through it- you may be pleasantly surprised.0
This discussion has been closed.
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