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Landlord Increasing rent & Removing Parking

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  • 08-06-2018 3:15pm
    #1
    rocketspocket
    Registered Users Posts: 402 ✭✭


    I live in an apartment block with controlled parking - lived here for 2 years & landlord has increased the rent by 4% along with removing parking from the lease (it was provided when i signed 2 years back).

    I think know the answer but can they do this?


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    #2
    jon1981
    Registered Users Posts: 4,359 ✭✭✭jon1981


    Probably as it's a new lease being signed so can amend however way he/she feels fit. It's no wonder landlords get a bad name, no respect for good tenants. Could be a technique to get you out so he can hike the rent.

    What a d*ck move though...


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    #3
    Tiddlypeeps
    Closed Accounts Posts: 2,103 ✭✭✭Tiddlypeeps


    Have you signed the new lease? They can't change the terms of the lease without your permission. If you don't sign a new lease the old one stands.


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    #4
    Fian
    Registered Users Posts: 2,192 ✭✭✭Fian


    Did your original lease include the paarking spot? If so you can insist on it being retained since you have a part IV tenancy with the parking spot as part of it. However you should bear in mind that in 2 years time the landlord can evict you without a statutory reason, so pick your battles carefully. If you need the parking space that sounds like a battle worth fighting though.

    I expect that with the RPZ controls seperate licences to use parking spots, seperate from the appartment tenancy, will become more common. The landlord may decide to do that with a fresh tenant and fresh lease, when your part IV tenancy expires.


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    #5
    rocketspocket
    Registered Users Posts: 402 ✭✭rocketspocket


    The "landlord" is a multinational company - I have not signed anything & requested clarification - there has never been any issues so i haven't heard from them in the 2 years. I knew new tenants didn't get the carparking option but can 'purchase' for an extra 100EUR - didn't know they were removing this from existing tenants - the irony is there is plenty of free spaces but that has nothing to do with this.

    Yes - original lease had the parking space defined as included.


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    #6
    rocketspocket
    Registered Users Posts: 402 ✭✭rocketspocket


    And reading the new lease - they revoked it with zero lead time (i got the lease on the day it expired) - the rent increase has been forward dated by 3 months which i expect is an requirement. on A practical level you get a 12 month parking disc & fob which doesn't expire until next year.


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    #7
    rocketspocket
    Registered Users Posts: 402 ✭✭rocketspocket


    jon1981 wrote: »
    Probably as it's a new lease being signed so can amend however way he/she feels fit. It's no wonder landlords get a bad name, no respect for good tenants. Could be a technique to get you out so he can hike the rent.

    What a d*ck move though...

    Cheers - i understood if they do get me out (which now looks likely as can't afford this) then they won't make anymore from the new tenants due to the new rules - if anything i'm surprised they want me out and take a gamble on new tenants giving that i have never once been late for a payment or bothered them and treated them and the apartment exactly how i would have hoped to be treated if I was a landlord.


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    #8
    Tiddlypeeps
    Closed Accounts Posts: 2,103 ✭✭✭Tiddlypeeps


    If it's a big company then I suspect it was just an oversight. If parking is now handled separately as standard it's possible they just issued you the standard lease and just updated the rent and date fields. Just email or call them and inform them there is a mistake in the lease and that parking was included in your original lease.


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    #9
    mugsymugsy
    Registered Users Posts: 1,569 ✭✭✭mugsymugsy


    Keep the rent going up by 4% in line with legislation but the car park fees might jump from say 100 euro a year to 200 or more. Get that for 20+ spaces and it's worth doing.


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    #10
    rocketspocket
    Registered Users Posts: 402 ✭✭rocketspocket


    mugsymugsy wrote: »
    Keep the rent going up by 4% in line with legislation but the car park fees might jump from say 100 euro a year to 200 or more. Get that for 20+ spaces and it's worth doing.

    My understanding it that they are charing between70-100EUR per month.


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    #11
    Evd-Burner
    Registered Users Posts: 1,456 ✭✭✭Evd-Burner


    rocketspocket wrote:
    My understanding it that they are charing between70-100EUR per month.


    You can guarantee that as times goes on and the spaces become sparse that the price will definitely go up!


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    #12
    r0qi4162fux9kg
    Closed Accounts Posts: 118 ✭✭r0qi4162fux9kg


    Just call them and tell them the new lease is incorrect and you won't be signing in. There doesn't seem to be anything else to clarify.
    If they are trying to play games don't entertain any of their excuses or reasons - not your problem - all you are interested in is a correct lease.
    Until they provide it there's nothing for you to sign. End of story.

    However on the other hand, if you do not want the car space perhaps suggest they reduce your rent by whatever the monthly value of it is.
    If they aren't prepared to do that then you are back to the above.

    These REITs do my head in. They seem to selectively forget they have play by the same rules as the rest of us - for the most part that is, shame it doesn't extend as far as taxation.


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    #13
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    If the original lease was for an apartment and a parking space, the landlord can more take away the parking space than it can the kitchen. Open a dispute with the RTB.


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    #14
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    jon1981 wrote: »
    Probably as it's a new lease being signed so can amend however way he/she feels fit. It's no wonder landlords get a bad name, no respect for good tenants. Could be a technique to get you out so he can hike the rent.

    What a d*ck move though...
    If it’s rent control zone he can’t increase more then 4% the withdrawal of a parking space would be considered a price increase


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    #15
    Browney7
    Registered Users Posts: 3,100 ✭✭✭Browney7


    Don't bother signing the lease OP. You're on a part IV lease regardless. If it's a REIT they won't be able to say they are terminating your tenancy for a family member or realistically for sale grounds in the next two years. They may not renew your part 4 in two years time though if youre too troublesome.

    Just tell them you believe there is an oversight as you have parking included. You only need open a RTB dispute if your permit is not renewed and fob stops working.


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    #16
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    jon1981 wrote: »
    Probably as it's a new lease being signed so can amend however way he/she feels fit. It's no wonder landlords get a bad name, no respect for good tenants. Could be a technique to get you out so he can hike the rent.

    What a d*ck move though...

    What is a good tenant? Just someone that pays their bills is something that is a given. If the government didn’t force stupid rules. I’m sure the ll would just charge you a fair market rate and then be done with it


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    #17
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    As others have mentioned I would check your original lease. If it specifies it in your lease. You would have grounds to fight this. If it doesn’t and you took it as a given. They might be able to take this off you legitimately.


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    #18
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    OP welcome to what lots of tenants have been screaming for which is professional landlords. This landlord is doing whzt they can to maximise rental take.


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    #19
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    handlemaster wrote: »
    OP welcome to what lots of tenants have been screaming for which is professional landlords. This landlord is doing whzt they can to maximise rental take.

    So you think professional landlords are in for the warm and fuzzy feeling inside and not to maximise profits and rent?


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    #20
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    Fol20 wrote: »
    handlemaster wrote: »
    OP welcome to what lots of tenants have been screaming for which is professional landlords. This landlord is doing whzt they can to maximise rental take.

    So you think professional landlords are in for the warm and fuzzy feeling inside and not to maximise profits and rent?

    As I said this is what tenants want. Professional landlords. Not landlords who keep rents low or dont increase every year. This is good business practise maximise profits


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    #21
    Eric Cartman
    Registered Users Posts: 26,280 ✭✭✭✭Eric Cartman


    with the insane caps placed on rentals at the moment, landlords are using things like parking to increase rent outside the limits, rightly so in my opinion but the system is completely broken.


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    #22
    Sleeper12
    Registered Users Posts: 17,070 ✭✭✭✭Sleeper12


    Many landlords are charging for parking now due to the 4 percent restrictions on the rent


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    #23
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    handlemaster wrote: »
    As I said this is what tenants want. Professional landlords. Not landlords who keep rents low or dont increase every year. This is good business practise maximise profits

    Everything you just said is anti consumer.. if your a consumer you want a good product for as low as possible yet it seems you want to hand over your cash as quick as possible.

    https://goo.gl/images/qXGGgK


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    #24
    HeidiHeidi
    Registered Users Posts: 29,352 ✭✭✭✭HeidiHeidi


    Fol20 wrote: »
    So you think professional landlords are in for the warm and fuzzy feeling inside and not to maximise profits and rent?
    I think what that poster meant was "be careful what you wish for".


    Local or small-time landlords are vilified the whole time, yet when "professional" landlords enter the market, this is what can and does happen.


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    #25
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Browney7 wrote:
    Don't bother signing the lease OP. You're on a part IV lease regardless. If it's a REIT they won't be able to say they are terminating your tenancy for a family member or realistically for sale grounds in the next two years. They may not renew your part 4 in two years time though if youre too troublesome.


    +1 for this. The landlord cannot remove part of the lease under part IV. Imagine renting a house and the landlord stating that next year you can't use the back garden

    No need to sign a new lease. Just specify part IV.


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    #26
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    HeidiHeidi wrote: »
    I think what that poster meant was "be careful what you wish for".


    Local or small-time landlords are vilified the whole time, yet when "professional" landlords enter the market, this is what can and does happen.

    lol, I think your right, I just didnt read between the lines and took it too literally..
    NB: Im speaking from a ll point of view, I just like to be as objective as possible and view it from both angles


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    #27
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    Fol20 wrote: »
    handlemaster wrote: »
    As I said this is what tenants want. Professional landlords. Not landlords who keep rents low or dont increase  every year. This is good business practise  maximise  profits

    Everything you just said is anti consumer.. if your a consumer you want a good product for as low as possible yet it seems you want to hand over your cash as quick as possible.

    https://goo.gl/images/qXGGgK
    the market and government as demanding that landlords become more professional, thats what comes with a more professional approach. Price increases and maximizing the return on investment.


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    #28
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    Sleeper12 wrote: »
    Many landlords are charging for parking now due to the 4 percent restrictions on the rent
    But that is illegal in RPZ, not just for existing, but also for new rental contracts. Removal of a part of a tenancy is an increase of your rent. So if a landlord removes the parking space from the rental contract for a new tenant and charges 100€ for it, he has by law to reduce the new rent by 100€ and can then increase it by 4% per years. Tenants just have to know the law.


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    #29
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    mdebets wrote: »
    Sleeper12 wrote: »
    Many landlords are charging for parking now due to the 4 percent restrictions on the rent
    But that is illegal in RPZ, not just for existing, but also for new rental contracts. Removal of a part of a tenancy is an increase of your rent. So if a landlord removes the parking space from the rental contract for a new tenant and charges 100€ for it, he has by law to reduce the new rent by 100€ and can then increase it by 4% per years. Tenants just have to know the law.

    The Rpz is concerned with property that can be lived in . Parking is not a requirement


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    #30
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    handlemaster wrote: »
    The Rpz is concerned with property that can be lived in . Parking is not a requirement
    It's not a requirement, but it can be part of a rental contract, as could be a garden. If a landlord rents an apartment plus a car parking space for 100€, you pay only x€ (100€ - the rent for the car park) for the apartment. If the landlord now takes the car park away (for an existing tenant with his agreement or for a new tenant), he can only charge x€ + 4% per year more for the apartment, not 100€ +4%.


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    #31
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    mdebets wrote: »
    handlemaster wrote: »
    The Rpz is concerned with property that can be lived in . Parking is not a requirement
    It's not a requirement, but it can be part of a rental contract, as could be a garden. If a landlord rents an apartment plus a car parking space for 100€, you pay only x€ (100€ - the rent for the car park) for the apartment. If the landlord now takes the car park away (for an existing tenant with his agreement or for a new tenant), he can only charge x€ + 4% per year more for the apartment, not 100€ +4%.

    I dont think that is correct. Where does it say that in the law. Parking is not a requirement just an extra benefit of the property. This benefit can be removed on the issuance of a new contract.


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