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12 month lease up next month - Can Landlord raise rent?

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  • 16-10-2017 5:26pm
    #1
    Registered Users Posts: 1,332 ✭✭✭


    Hi guys

    Read somewhere Landlord has to give 90 days notice for rent increase?

    Im paying 1700 for a 2 bedroom apartment in Sandyford Dublin - lease is up end of November but heard nothing from Landlord.

    Cheers


Comments

  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    90 days notice which can't be served before the end of the 12 months and subject to 4% max!


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    You are in a rent pressure zone so increases are limited.

    Further details of rent reviews here:
    https://www.rtb.ie/rent-pressure-zones/rent-reviews

    Details of Rent Pressure Zones Here:
    https://www.rtb.ie/rent-pressure-zones


  • Registered Users Posts: 1,332 ✭✭✭Always Be Closing


    Guys I thought the above only applies if I've been renting there for 24 months?

    I've been there for 11 months, so can't the landlord raise it as much as he wants?


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    You're correct. As your tenancy came into effect before Dec 24th, 2016, the landlord will have to wait 24 months before reviewing


  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    dudara wrote: »
    You're correct. As your tenancy came into effect before Dec 24th, 2016, the landlord will have to wait 24 months before reviewing
    Oops, forgot about this bit, add a year on to my advice so!


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  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    TheChizler wrote: »
    Oops, forgot about this bit, add a year on to my advice so!

    Yup, if the tenancy had come into effect after Dec 24th, 2016, then the landlord can review after a year. The OP was lucky that his tenancy started in November.


  • Registered Users Posts: 1,332 ✭✭✭Always Be Closing


    I'm not understanding this guys

    I've only been renting for 11 months - therefore he can raise it as much as he likes - I would have had to be there for 24 months to be covered by a maximum 4% rise?


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    He can't raise it at all until 2 years have passed. And when he does raise it, he has to give you proper notice, plus define a rent increase in accordance with the RPZ rules. You can use the calculator on the RTB website to work out the allowed increase.


  • Registered Users Posts: 1,332 ✭✭✭Always Be Closing


    dudara wrote: »
    He can't raise it at all until 2 years have passed. And when he does raise it, he has to give you proper notice, plus define a rent increase in accordance with the RPZ rules. You can use the calculator on the RTB website to work out the allowed increase.

    Or could he choose not to renew us, and re-list it for a higher price? (paying 1700, he could probably get 2000/2100 a month for it)

    Thanks for your help by the way :)


  • Registered Users Posts: 2,192 ✭✭✭Fian


    Or could he choose not to renew us, and re-list it for a higher price? (paying 1700, he could probably get 2000/2100 a month for it)

    Thanks for your help by the way :)

    No he can't. You have security of tenure for 4 years from the date you signed your lease, you acquired this security of tenure after 6 months in situ. You don't need a new lease - you have a part IV tenancy (part IV of the residential tenancies act 2004 as amended.) Once your initial lease expires you continue in situ under your part IV tenancy.

    Relax, continue to pay your rent, you will likely hear from your landlord 24 months after you signed your rent notifying you of a 4% rent increase which will take effect a further 90 days later.


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  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    Or could he choose not to renew us, and re-list it for a higher price? (paying 1700, he could probably get 2000/2100 a month for it)

    Thanks for your help by the way :)
    You have part 4 rights so he can't make you leave for no reason. Only way to kick you out off his own bat is if he or a family member needs it, he wants to sell it, or does a substantial refurb. There's probably little benefit to you in renewing the lease.


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Or could he choose not to renew us, and re-list it for a higher price? (paying 1700, he could probably get 2000/2100 a month for it)

    Thanks for your help by the way :)

    As others have said, you have part 4 rights.

    Even if you left of your own accord, the landlord can only increase the rent for the next tenant in line with the 4%p.a. limits mentioned.


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