Rent increase and additional costs added

Tiddlypeeps

....... wrote: »

Thomas - you asked would the Guards not get involved if someone was dragging someone out of their home.

I never said anything about anyone dragging anyone anywhere.

I quite specifically agreed with the point I bolded where the poster said the LL could wait til the OP was out, change the locks and then stay in there or have a friend stay in there. The Guards will NOT get involved in that situation.

I can tell you with certainty they will not. They will tell the OP it is a civil matter. Ive seen this happen.

If the tenant gains re-entry to the property using a locksmith and the LL or a friend is present in the property, the guards absolutely should get involved to remove the LL or friend because they are trespassing which is a criminal issue.

gauchesnell

appreciate all the replies....may I ask a question

I am 100% confident in that the LL would simply remove me if I raise an objection to the increase. I will do more research on it. Even if I fought it and won...I would still be homeless while my case has to be heard.

The risk is huge ...including loss of my deposit. I know I am lucky at all to have found somewhere. I dont think anyone can stop a LL charging extra fees on top of rent can they.

dennyk

I mean, in the end, no, there's nothing physically stopping the landlord from doing any particular thing except the threat of legal consequences. The OP can either stand up for the rights that they do have under Irish law and insist that the landlord respect them, or they can give in and let the landlord run roughshod over them without a peep and enable the landlord to defy the law without consequence (and even then the OP would just be gambling that their shady landlord wouldn't later decide that €200 more a month still isn't enough and illegally evict them just to jack up the rent for a new tenant anyway...). There are no guarantees in life, except the guarantee that if you allow people to take advantage of you, they'll continue to do so forever.

Browney7

OP, he sees you as vulnerable and as a soft touch and anything you've written here would suggest he is correct.

At 1800 a month you probably have a two bed or else a one bed in a decent part of Dublin - I know property is scarce but you have the means to provide for yourself and I'm sure you'd be able to find alternative accommodation if you needed to so I don't see how you've anything to lose by asserting your rights under the RTA. I'm sure if he even gets a sense you've "lawyered up" or read up on legalese he'll take a hike and not poke the bear any more.

I would bet a serious sum that the possibility of the LL turning up and changing locks and putting your stuff on the street are slim if not non existent. Any multitude of unlikely terrible things could happen in your day to day life but I'm sure you still leave the house every morning?

Graham

gauchesnell wrote: »

appreciate all the replies....may I ask a question

I am 100% confident in that the LL would simply remove me if I raise an objection to the increase. I will do more research on it. Even if I fought it and won...I would still be homeless while my case has to be heard.

The risk is huge ...including loss of my deposit. I know I am lucky at all to have found somewhere. I dont think anyone can stop a LL charging extra fees on top of rent can they.

I don't see any basis a landlord could add spurious charges to an existing tenancy. It would make a complete mockery of the RPZ legislation if a landlord could just invent additional charges.

You don't need a lease, you now have a part 4 tenancy.

Investigate the RTB telephone mediation service. It may be a sensible way to 'educate' the landlord.

dennyk

gauchesnell wrote: »

I dont think anyone can stop a LL charging extra fees on top of rent can they.

I don't believe the issue of extra "non-rent" fees on rentals in general has been fully hashed out in the courts as of yet, but if the fees in question are not already defined in your existing tenancy agreement, then the landlord most certainly cannot start unilaterally assessing them after the fact.

5uspect

Browney7 wrote: »

OP, he sees you as vulnerable and as a soft touch and anything you've written here would suggest he is correct.

At 1800 a month you probably have a two bed or else a one bed in a decent part of Dublin

Exactly. You could rent a lovely 3 bed semi anywhere on suburban Dublin for that. You could house share for a fraction of that and save towards a mortgage for your own place.

.......

Tiddlypeeps wrote: »

If the tenant gains re-entry to the property using a locksmith and the LL or a friend is present in the property, the guards absolutely should get involved to remove the LL or friend because they are trespassing which is a criminal issue.

Im not debating this further.

The Guards will not get involved. Its a civil matter.

gauchesnell

ok appreciate all the replies....I suppose it is my problem. It is happening and he is charging me this so I am at a loss really as to how to handle it. I will do a lot of reading of the links provided and I will see if I can get the loan to cover the new charges. I agree he is taking advantage but I dont see how I can stop him.


I will have to disagree with you about finding somewhere easily for 1800 in Dublin. I was even considering moving out of Dublin for a while to try and find somewhere. I also considered sharing to even try and secure somewhere. Trying to find somewhere with a months notice is very difficult. Wouldnt even mind a studio.

I have also witnessed a previous LL do this to a tenant ....simply call one evening and put him and his stuff on the street. I have seen it myself.

I think all tenants are vulnerable. I am not a large person...I cant physically stop my LL from evicting me and I agree the gardai wont assist.

Interested to hear where I could get somewhere for 1800 please. I cant drive so need to live somewhere with a bus. Where I live now is nice but wouldnt have been my first choice but I was very lucky to get it

Commute at the moment about 90 mins each way

.......

dennyk wrote: »

I mean, in the end, no, there's nothing physically stopping the landlord from doing any particular thing...

Agree with the above but the OP also knows that even if she wins the battle today - simply disputing it t all will have probably her legally out in 2 years time.

The additional charges are cropping up more and more often as a result of RPZ and the easiest way to implement is to move the current tenant on after part 4, draw up a new lease with stipulates additional charges such as bins, parking etc for the new tenant while staying withing the proper calculation for the rent itself.

Tenants are not complaining because they dont want to be homeless.

stargazer 68

gauchesnell wrote: »

ok appreciate all the replies....I suppose it is my problem. It is happening and he is charging me this so I am at a loss really as to how to handle it. I will do a lot of reading of the links provided and I will see if I can get the loan to cover the new charges. I agree he is taking advantage but I dont see how I can stop him.


I will have to disagree with you about finding somewhere easily for 1800 in Dublin. I was even considering moving out of Dublin for a while to try and find somewhere. I also considered sharing to even try and secure somewhere. Trying to find somewhere with a months notice is very difficult.

Commute at the moment about 90 mins each way

https://touch.daft.ie/dublin/apartments-for-rent/glasnevin/botanic-hall-glasnevin-dublin-1867153
And I found that with a quick search on my phone.

Tiddlypeeps

....... wrote: »

Im not debating this further.

The Guards will not get involved. Its a civil matter.

Trespass is a criminal offence.

http://www.irishstatutebook.ie/eli/1994/act/2/section/13/enacted/en/html

Not replying to further "debate", just making sure anyone reading this who it might effect consults the actual law and doesn't just let a landlord run roughshod over them because some randomer on the internet said it's not a criminal offence to do so.

dennyk

gauchesnell wrote: »

It is happening and he is charging me this so I am at a loss really as to how to handle it. I will do a lot of reading of the links provided and I will see if I can get the loan to cover the new charges. I agree he is taking advantage but I dont see how I can stop him.

"No." is a complete sentence. He can "charge" you whatever he likes, but the only thing you are required to pay is the rent specified in your current tenancy agreement and any legal and valid rent reviews and increases going forward. He has no legal basis to be tacking on additional charges, so you can politely tell him to stuff it. (And don't go taking out expensive loans just to enable this douchebag's illegal bull****, either...)

Oh, and I'm charging you €200 for this post, by the way. Would you prefer to pay by cash or bank draft? :pac:

5uspect

gauchesnell wrote: »

ok appreciate all the replies....I suppose it is my problem. It is happening and he is charging me this so I am at a loss really as to how to handle it. I will do a lot of reading of the links provided and I will see if I can get the loan to cover the new charges. I agree he is taking advantage but I dont see how I can stop him.

You can say no to him and direct him to the relevant laws. Have you protested any of his changes or just wrung your hands?

I will have to disagree with you about finding somewhere easily for 1800 in Dublin. I was even considering moving out of Dublin for a while to try and find somewhere. I also considered sharing to even try and secure somewhere. Trying to find somewhere with a months notice is very difficult. Wouldnt even mind a studio.

Whereabouts in Dublin roughly are you working?

Sarn

If this was a new tenancy and the LL charged separately for parking, bins etc. that would be one thing. However, the LL cannot circumvent the law by adding these extra charges to an existing tenancy.

I would recommend ringing Threshold or the RTB for advice. Realistically, the LL will not turn up and illegally evict you. There are hefty consequences for doing that, even where tenants haven’t paid rent for months and have wrecked a place.

punisher5112

Op have you family around?
Perhaps a brother?
Or someone you are friends with in work or outside of it?

You need to be strong and not accept these extra charges.

4% ok he can do that but the rest can't just be added in now unless you accept.

Oh and the point of where he entered your home without you allowing him in is a big no no.

You could use this to your advantage.

Mrs OBumble

5uspect wrote: »

He could raid her laundry and start wearing her clothes around town too. There’s no actual threat from the landlord other than the OPs clearly nervous disposition and you’re just doing her a disservice by feeding it.

It sounds like the LL is a bit of a cute whore who thinks he can exploit the OP and her ignorance of the law. He may just as easily back down once she states her legal rights.

The OP knows her landlord, and whether or not he is likely to have any respect for the law. There ARE LL's out there who will evict illegally, or find an apparently-legal way to do it quickly.

Acknowledging the OP's specific concerns is not feeding them: it gives a way for to address them, and make plans for what to do if the worst happens.

That said, I notice that no one has given the OP any specific advice about what to do - besides call the guards, which is going to be of marginal use (will they even attend,will they do anything useful or just say "civil matter").

OP, big picture - would you consider moving to a house-share for a while? This might be a lower quality of life, but it would get the rent down and so give you a chance to save some cash: having savings gives you some options when things go wrong. (I had to laugh at the poster who thought you could just move into a hotel and the LL would pay via the PRTB: the hotel would way payment within a week, the PRTB takes months and even if they find in your favour, they cannot force the LL to actually hand over any cash).

In the short term, talk to your landlord, and say that you cannot afford the proposed increase. Try to talk it down. See if they would agree to you sub-letting (assuming it's a 2brm).

If you do end up paying this blatantly illegal increase, keep good records, and be busy looking for somewhere to move to. Most LL's are not a**holes like your current one seems to be, and you will be better off living elsewhere. Once you find somewhere, then complain to the PRTB (note - check the timing, you may have to actually lodge the complaint while you are still living there).

Browney7

Mrs OBumble wrote: »

OP, big picture - would you consider moving to a house-share for a while? This might be a lower quality of life, but it would get the rent down and so give you a chance to save some cash: having savings gives you some options when things go wrong. (I had to laugh at the poster who thought you could just move into a hotel and the LL would pay via the PRTB: the hotel would way payment within a week, the PRTB takes months and even if they find in your favour, they cannot force the LL to actually hand over any cash).

Re handing over cash, I thought the pro tenant RTB would enforce judgements based on the concerns cited on this forum where people give out about settlements of five euro a week against rogue tenants. So a landlord can just refuse to pay for donkeys years based on what you've said? Interesting

stormthecastle

I'm beginning to think this is a troll judging by the responses.

.......

Tiddlypeeps wrote: »

Trespass is a criminal offence.

http://www.irishstatutebook.ie/eli/1994/act/2/section/13/enacted/en/html

Not replying to further "debate", just making sure anyone reading this who it might effect consults the actual law and doesn't just let a landlord run roughshod over them because some randomer on the internet said it's not a criminal offence to do so.

Good lord, how obtuse are you?

(a) I never said trespassing wasnt a criminal offence.
(b) The Guards will not get involved in an LL/tenant dispute.
(c) There would be a due process to determine if a LL was legally in the property or not, so no Garda in the land is going to arrest someone for trespassing on their own property on the word of someone standing outside saying they live there.
(d) Grow up and rein it in eh?

4ensic15

thomas 123 wrote: »

The OP can eject them from his property(As it is his, as he is leasing it). He can ask them to leave or use physical force. The same as any other intruder into his home. it becomes a police matter when its an illegal home invasion.

The guards will have nothing to do with it. Where were they when this happened?
https://www.irishmirror.ie/news/irish-news/cork-mum-returned-home-school-12464458

gauchesnell

Thanks for all the responses. I have contacted the prtb and will see what they advise.

As for house shares would defo look into it. Would not like the idea of moving again as it was so difficult to find where I currently live. I suppose the savings aspects aswell....I dont currently have 2 months worth of a deposit and a months rent saved up and with the increase I would find it difficult to find.

I dont have family in Dublin. I think what a lot of the posters have said are true. Illegal or not I am confident my LL wouldnt tolerate my saying no to not paying the increase.

When I moved 2 years ago it was soo hard to find anywhere...it is like a job interview. One thing going against me I suppose is that I have MS. You notice is a little I suppose when you meet me. So I cant move too far from work as the bus can be difficult especially when standing.

I appreciate all the replies. I think realistically my only options are pay up and stay or try and save enough up and start the search for somewhere new and move. I am not picky at all where I live...houseshares etc all ok. Restricted a little on distance I suppose.

.......

Whereabouts do you work OP, people might be able to suggest places/areas for you.

What you could do is get your paperwork in order (ie, get the increase in writing), pay it, and start looking for somewhere else. Get somewhere else, move, open a case with PRTB for the illegal increase and get your money back.

Youd need to check with PRTB if you can claim back for the illegal increase after you have paid it for a while.

_brendand_

gauchesnell wrote: »

ok appreciate all the replies....I suppose it is my problem. It is happening and he is charging me this so I am at a loss really as to how to handle it. I will do a lot of reading of the links provided and I will see if I can get the loan to cover the new charges. I agree he is taking advantage but I dont see how I can stop him.


I will have to disagree with you about finding somewhere easily for 1800 in Dublin. I was even considering moving out of Dublin for a while to try and find somewhere. I also considered sharing to even try and secure somewhere. Trying to find somewhere with a months notice is very difficult. Wouldnt even mind a studio.

I have also witnessed a previous LL do this to a tenant ....simply call one evening and put him and his stuff on the street. I have seen it myself.

I think all tenants are vulnerable. I am not a large person...I cant physically stop my LL from evicting me and I agree the gardai wo§nt assist.

Interested to hear where I could get somewhere for 1800 please. I cant drive so need to live somewhere with a bus. Where I live now is nice but wouldnt have been my first choice but I was very lucky to get it

Commute at the moment about 90 mins each way

Apologies, but what you've just stated doesn't add up at all - you'd be happy paying 1800 for a *studio* and a 90 minute commute? What part of Dublin do you work in? There is absolutely no way you wouldn't be able to get at least a 2 bed for that much within less than an hour of central Dublin, never mind somewhere on the outskirts.

Can't really give specific examples unless we know where you work, but assuming somewhere reasonably central:

https://www.daft.ie/dublin/apartments-for-rent/dun-laoghaire/cambridge-terrace-york-road-dun-laoghaire-dublin-1858650/

https://www.daft.ie/dublin/apartments-for-rent/dublin-8/cork-street-dublin-8-dublin-1862384/

https://www.daft.ie/dublin/apartments-for-rent/clontarf/st-laurances-road-clontarf-dublin-1865184/

These are all large 2 beds in excellent central areas.

I'd venture your current landlord is ripping you off anyway.

gauchesnell

I work city centre but can move across the city for work - my only restriction is budget and probably distance. I can get the bus now from where I live and the bus is nearby...and I get a seat. Standing on the bus isnt the best.

Yeah I think its either stay and pay up or move really. Its just sad. I agree my LL is prob taking advantage of me...and my complete lack of knowledge of the law. I am stressed really about finding somewhere else....and this possibly happening again.

There seems to be a lot legal stuff being quoted here that I wasnt aware of but again there is nothing stopping him or kicking me out legal or not. Maybe its me and I wouldnt have the confidence to challenge him but it is just so risky to lose where you live and try and find somewhere new

Sorry I dont have a 2 bed...its a one bed and nope I am not happy with paying what I pay. Its ridiculous. Its the only one I could get when I moved 2 years ago. I have some issues with stairs aswell (MS related). Those properties look amazing...can I afford them yes but would I be successful in getting one of them I dont know.

Bigmac1euro

gauchesnell wrote: »

I work city centre but can move across the city for work - my only restriction is budget and probably distance. I can get the bus now from where I live and the bus is nearby...and I get a seat. Standing on the bus isnt the best.

Yeah I think its either stay and pay up or move really. Its just sad. I agree my LL is prob taking advantage of me...and my complete lack of knowledge of the law. I am stressed really about finding somewhere else....and this possibly happening again.

There seems to be a lot legal stuff being quoted here that I wasnt aware of but again there is nothing stopping him or kicking me out legal or not. Maybe its me and I wouldnt have the confidence to challenge him but it is just so risky to lose where you live and try and find somewhere new

Sorry I dont have a 2 bed...its a one bed and nope I am not happy with paying what I pay. Its ridiculous. Its the only one I could get when I moved 2 years ago. I have some issues with stairs aswell (MS related). Those properties look amazing...can I afford them yes but would I be successful in getting one of them I dont know.

1800 for a 1 bed.

Omg your LL is a Sc*mbag
What planet is he on.

I highly doubt he would kick you out paying 1800 for a 1 bed.

Out of interest.
It sounds like you’ve had a difficult life since moving here, I’m curious why someone like yourself would want to stay in Dublin ?
Apologies I know that’s off point.

OP you should try and build up confidence you WILL get a new place for cheaper.
Start looking now. Just start phoning places today.
Get in as many viewings as possible.

Unfortunately your going to have to move regardless your rent is not realistic.

_brendand_

gauchesnell wrote: »

I work city centre but can move across the city for work - my only restriction is budget and probably distance. I can get the bus now from where I live and the bus is nearby...and I get a seat. Standing on the bus isnt the best.

Yeah I think its either stay and pay up or move really. Its just sad. I agree my LL is prob taking advantage of me...and my complete lack of knowledge of the law. I am stressed really about finding somewhere else....and this possibly happening again.

There seems to be a lot legal stuff being quoted here that I wasnt aware of but again there is nothing stopping him or kicking me out legal or not. Maybe its me and I wouldnt have the confidence to challenge him but it is just so risky to lose where you live and try and find somewhere new

Sorry I dont have a 2 bed...its a one bed and nope I am not happy with paying what I pay. Its ridiculous. Its the only one I could get when I moved 2 years ago. I have some issues with stairs aswell (MS related). Those properties look amazing...can I afford them yes but would I be successful in getting one of them I dont know.

Demand is high in Dublin, I'm very much aware of that, but the higher price point you go, the less the demand is. There's only so many people that can afford these ridiculous prices. I would say 1800 is very high for a 2 bed apartment, and *extremely* high for a 1 bed, even by Dublin standards.

I really think you should be able to find a place within a month, by putting in a reasonable amount of effort.

gauchesnell

My job is in Dublin - permanent job and nope it is not movable.

Would I move out of Dublin if I could.

in a heartbeat lol

I didnt think myself 1800 was that high...not compared to colleagues/friends who also live in Dublin. Good to know.

When I looked 2 years ago there was a decent amount of properties within my price range. Would they accept me as a tenant...no. I found it very very difficult to get offered anywhere

I am restricted as to how far I can move out in Dublin/other areas - e.g. dun longhair too far. Apologies if I give the impression I can afford 1800 a month...I cant. I pay rent, food, travel costs...and thats it. Like a lot of people I cant afford it but I dont have a choice. I cant afford the 4% increase but I have to pay it. I defo cant afford the additional maintenance charge...that will prob have to be a loan.

I am worried aswell the LL would keep my deposit if I say anything...3600 is a lot of money to me. Legally can he..no...but realistically he could.

Bigmac1euro

gauchesnell wrote: »

My job is in Dublin - permanent job and nope it is not movable.

Would I move out of Dublin if I could.

in a heartbeat lol

I didnt think myself 1800 was that high...not compared to colleagues/friends who also live in Dublin. Good to know.

When I looked 2 years ago there was a decent amount of properties within my price range. Would they accept me as a tenant...no. I found it very very difficult to get offered anywhere

I am restricted as to how far I can move out in Dublin/other areas - e.g. dun longhair too far. Apologies if I give the impression I can afford 1800 a month...I cant. I pay rent, food, travel costs...and thats it. Like a lot of people I cant afford it but I dont have a choice. I cant afford the 4% increase but I have to pay it. I defo cant afford the additional maintenance charge...that will prob have to be a loan.

I am worried aswell the LL would keep my deposit if I say anything...3600 is a lot of money to me. Legally can he..no...but realistically he could.

3600 is a massive deposit so I totally understand how sensitive the situation is. But he sounds like the type to try and pull strings to not give that money back regardless. I’d start looking for a new place immediately.
You should at least get a house share even if it’s temporary while you save for a new place.

I would suggest getting into a house share and maybe use the extra money towards driving lessons
A car would help you a lot in this situation. You sound like you could really do with one.
That way you could live in Meath Kildare etc in a 3 bed house.

_brendand_

gauchesnell wrote: »

My job is in Dublin - permanent job and nope it is not movable.

Would I move out of Dublin if I could.

in a heartbeat lol

I didnt think myself 1800 was that high...not compared to colleagues/friends who also live in Dublin. Good to know.

When I looked 2 years ago there was a decent amount of properties within my price range. Would they accept me as a tenant...no. I found it very very difficult to get offered anywhere

I am restricted as to how far I can move out in Dublin/other areas - e.g. dun longhair too far. Apologies if I give the impression I can afford 1800 a month...I cant. I pay rent, food, travel costs...and thats it. Like a lot of people I cant afford it but I dont have a choice. I cant afford the 4% increase but I have to pay it. I defo cant afford the additional maintenance charge...that will prob have to be a loan.

I am worried aswell the LL would keep my deposit if I say anything...3600 is a lot of money to me. Legally can he..no...but realistically he could.

You said in a previous post you commute 90 minutes each way. Dun Laoghaire is more like 19 minutes each way from the city centre.

I'm going to be blunt and say you sound very confused, maybe due to some naivete - I don't mean that to be rude but you seem to be getting taken advantage of and that's not cool. You should not be spending 1800 a month as a single person and could definitely spend a lot less than that and have quite a reasonable commute.

Regarding the deposit, was it not registered with the RTB? If so there is a process to get that back.

Personally I think you should move out and find a new, cheaper place.