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notice of rent review

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  • 04-12-2017 1:51am
    #1
    NeonCookies
    Registered Users Posts: 509 ✭✭✭


    Hi all

    We have just received a letter with a notice of rent review, rent being put up by €150 (not rent pressure zone) Letter is dated November 29th, and it says the new rent is applicable from January 26th.

    We did have a phone call from the rental agency at the beginning of October telling us of a €150 increase, and they said official written notice would follow. At this point we asked whether the landlord would accept €100 and the rental agency said they would check. We heard nothing from them about it until this letter.

    As far as I'm aware we need 90 days notice of any rent increase. Does the telephone call from the agency count in this notice? Or is it just the letter?


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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    NeonCookies wrote: »
    As far as I'm aware we need 90 days notice of any rent increase. Does the telephone call from the agency count in this notice? Or is it just the letter?

    The letter counts- unless you have written communication (which can include e-mails, texts etc) to the contrary.

    Sorry.


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    #3
    NeonCookies
    Registered Users Posts: 509 ✭✭✭NeonCookies


    The_Conductor wrote:
    The letter counts- unless you have written communication (which can include e-mails, texts etc) to the contrary.

    Thanks for your reply.

    We have had no other written communication. So does this mean that the new rent is due from Feb 27th? Not Jan 26th as the letter said?


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    #4
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    NeonCookies wrote: »
    Thanks for your reply.

    We have had no other written communication. So does this mean that the new rent is due from Feb 27th? Not Jan 26th as the letter said?
    No, he didn't provide the correct rent review notice, so there is no rent increase for you yet.
    You have 28 days after receiving a rent review notification to open a dispute with the RTB, but I'm not sure if this only applies to notices in correct form and if invalid notices become valid if this deadline is passed.
    The save bet would be to open a RTP dispute, which would delay the increase at least until March + whatever time it would take for the case to be heard.
    You could also check if there are any other errors in the notice and if there are, you could contact your landlord, telling him about one error and hope that the other errors are still in there, when you receive the new notification, dragging the process out.


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    #5
    NeonCookies
    Registered Users Posts: 509 ✭✭✭NeonCookies


    Thanks for your reply.

    Should I go straight to the RTB or could I write a letter to the rental agency advising them of the error and requesting a new review notice to be issued by X date (within the appeal timeframe so I can open a dispute with the RTB if I don't receive it). Would there be any disadvantages to doing this? We have been fantastic tenants, quiet, rent always paid on time and want to keep on good terms with everyone.

    The main reason I ask is because we became aware in the last year that our tenancy is not registered with the RTB, although I know that this does not affect our rights as tenants and we can still go to them. We also had trouble getting a signed lease from the landlord and in the end the rental agency signed on their behalf. So I have a feeling things may not all be as they should be.

    I'm a bit disappointed tbh as the rental agency surely know the legislation and seem to be chancing their arm for some reason.


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    #6
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    I'd go back to the agency first to let them know they appear to have made a mistake with their dates.


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    #7
    Fian
    Registered Users Posts: 2,192 ✭✭✭Fian


    NeonCookies wrote: »
    Thanks for your reply.

    Should I go straight to the RTB or could I write a letter to the rental agency advising them of the error and requesting a new review notice to be issued by X date (within the appeal timeframe so I can open a dispute with the RTB if I don't receive it). Would there be any disadvantages to doing this? We have been fantastic tenants, quiet, rent always paid on time and want to keep on good terms with everyone.

    The main reason I ask is because we became aware in the last year that our tenancy is not registered with the RTB, although I know that this does not affect our rights as tenants and we can still go to them. We also had trouble getting a signed lease from the landlord and in the end the rental agency signed on their behalf. So I have a feeling things may not all be as they should be.

    I'm a bit disappointed tbh as the rental agency surely know the legislation and seem to be chancing their arm for some reason.

    More likely they don't know the legislation - since they are shooting themselves in the foot by not giving you the valid notice period and especially since the tenancy is not registered (though some registered tenancies just don't make the website register for some reason.)

    On the other hand if you take the advice above you will be shooting yourself in the foot. If you go straight to RTB because of inadequate notice period without speaking to agents/landlord first they will decide you are trouble, and you are likely to find yourself evicted at the fist opportunity and with no reference.


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