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Increasing Rent, Charging for Parking and Rent Pressure Zone

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  • 20-11-2017 9:51pm
    #1
    jayrow
    Registered Users Posts: 3 ✭


    Hi!
    I've been renting my 1 bed apartment for almost 2 years and my landlord (apartment owner) is looking to increase my rent in January when I renew my lease. She initially wanted to increase it by 12% vs what I'm currently paying but given the apartment is based within a Rental Pressure Zone and my tenancy commenced before 24 December 2016, I flagged to her that she is unable to increase the rent beyond 4% in line with this regulation.

    The rental market has obviously dramatically intensified since my tenancy began and standard rents in my development are now much higher (~ +15%) than they were when I moved in almost 24 months ago and my landlord's perspective is that my current rent is now considerably below the market rate. She's mentioned that standard practice in my development is to rent the dwelling and the car parking space separately, however, in my case, use of the car parking space was included as part of my tenancy (and included in my lease). She has mentioned she believes that I should be being charged separately for the car space and the accommodation and she feels that the car space isn't included in the Rent Pressure Zone restrictions. As such, she's now trying to charge me a 4% increase in rent on the dwelling as well as an additional €100 a month to lease the car space from her.
    Anyone have any ideas whether this would be permissible under the Rent Pressure Framework? Are the same rental increase rules applicable to the car space as the dwelling itself when the car space is part of the initial rental agreement?
    Also, if she was to terminate my lease, would she be able to get around this restriction with a subsequent tenant? (would she be able to increase the rent and lease the car parking space separately?)

    I really don't want to fall out with her over this as I can afford to pay a bit more - it would be a nightmare trying to find somewhere else and I'd likely have to pay considerably higher rent if entering a new agreement on a similar apartment today. We've gotten on well and I've been the model tenant to date so would prefer not to go down the RTB mediation route if possible as it would sour things and potentially leave me out on my ear.

    Any thoughts?


Comments

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    #2
    endacl
    Registered Users Posts: 22,306 ✭✭✭✭endacl


    I’d say she’d be sailing fairly close to the wind with that one. I presume all your interactions are through email, and are thus documented...?


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    #3
    theteal
    Registered Users Posts: 7,593 ✭✭✭theteal


    Ha ha ha, not going to happen. If the parking space is in your lease, it matters not what is "usually done" in the development. I wouldn't be budging but then I'd expect they need the place back for significant renovations. Fairly crap situation and all down to greed.


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    #4
    jayrow
    Registered Users Posts: 3 ✭jayrow


    endacl wrote: »
    I’d say she’d be sailing fairly close to the wind with that one. I presume all your interactions are through email, and are thus documented...?

    All bar today's conversation which was done over phone and which neither of us agreed to anything


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    #5
    jayrow
    Registered Users Posts: 3 ✭jayrow


    theteal wrote: »
    Ha ha ha, not going to happen. If the parking space is in your lease, it matters not what is "usually done" in the development. I wouldn't be budging but then I'd expect they need the place back for significant renovations. Fairly crap situation and all down to greed.

    Only consolation is that it's a new build so I can't see what significant renovations she could actually make to it which would increase its value (and be worth her time and money). I'm hoping that my good behaviour as a tenant will stand for something but its not exactly a renters market at the moment


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    #6
    April 73
    Registered Users Posts: 846 ✭✭✭April 73


    You don't need to renew your lease. You are covered under Part IV tenancy. As far as I know she has to give notice of three months to increase the rent & that is two years after the initial tenancy was signed. So you shouldn't pay a rent increase until March 2018. No, she can't separate the rent & parking space if the space is included in your tenancy.

    She can only end your tenancy if she undertakes substantial renovation, needs to sell or needs it for a family member. Otherwise you are good for another two years there.

    She isn't the only LL to be in receiving under market value for her property. I'm in the same boat but that's the law at the moment. I don't agree with it but have no choice.

    I'm not sure why you would agree to pay more than you have to?


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