Tenants rights: rent increment

masterboy123

I am living in current dwelling for last 24 months and it's in a rent pressure zone. Registered with PRTB.

Currently paying 1000e per month and landlord is asking for 1150e per month, this notice was given 90 days ago. 3 Comparable properties were added in the notice.

My yearly contract is expiring end of this month and I didn't renew contract as I bought a house and planned to move out next month. However there is some delay with the moving out and might need another 2 months.

Legally could I continue paying 1000 euros per month? or do I have to pay new rent as contract will expire this month.

Any help/advise is appreciated.

Dav010

masterboy123 wrote: »

I am living in current dwelling for last 24 months and it's in a rent pressure zone. Registered with PRTB.

Currently paying 1000e per month and landlord is asking for 1150e per month, this notice was given 90 days ago. 3 Comparable properties were added in the notice.

My yearly contract is expiring end of this month and I didn't renew contract as I bought a house and planned to move out next month. However there is some delay with the moving out and might need another 2 months.

Legally could I continue paying 1000 euros per month? or do I have to pay new rent as contract will expire this month.

Any help/advise is appreciated.

Did you give notice that you were planning on moving out next month?

masterboy123

Yes, i did say most likely going to move out next month but didn't confirm it.

Dav010 wrote: »

Did you give notice that you were planning on moving out next month?

FishOnABike

It would appear that the increase notified is above that which would be in a rent pressure zone which may make the notice invalid.

The maximum can be calculated by putting the relevant information into the online calculator at
https://onestopshop.rtb.ie/calculator/rpz

On the flip side if you have only mentioned you might be ending your tenancy next month (or possibly the month after that) it would seem you haven't given proper notice to the landlord. See
https://onestopshop.rtb.ie/ending-a-tenancy/

For a tenancy between 2 and 4 years you need to give 56 days notice, in writing, complying with all the requirements of the residential tenancy act.

As it stands it would appear neither of you have given proper notice to the other.

Fol20

If it’s only for 2 months I would suck it up and pay the extra 150 pm. To avoid any hassle and heartache especially during a house paying period, 300 isnt much.

SuperS54

Fol20 wrote: »

300 isnt much.

I'll take 300 too as you're offering, can you transfer to my bank account or are you cash only?

Dav010

SuperS54 wrote: »

I'll take 300 too as you're offering, can you transfer to my bank account or are you cash only?

I suspect that was meant in the context that the op is paying a little more than he/she should be paying in return for some flexibility from the Landlord on the notice required. I would think the op would appreciate being able to leave as soon as possible once their new home is ready, and not have to wait and pay rent for the full notice period they legally are required to give. When you deduct what would be allowed under RTB regs, and compare that to the €1000 per month the op would have to pay during full notice period, the op may benefit.

As Fishonabike posted, neither LL nor tenant has given valid notice, LL wants tenant to pay a bit more, tenant may want to leave early without paying rent during full notice period, hopefully you understand that around €100 extra in rent for 2 months is better than a €1000 extra per month that the op would be liable for if proper notice not given and they move out when new house ready.

masterboy123

Thanks everyone.
Going to speak to landlord this weekend and try to meet at a middle point.
If he refuses then have to remind him of pressure zone. My address wasn't under pressure zone when he sent the rent increment notice about 3.5 months ago.

Also landlord said I need to give 4 weeks notice with the move out date. Is this not enough? Or is it 56 days as I am living here for last 2 years.

Edit: forgot to mentioned it's an yearly fixed term contract.

Fol20

masterboy123 wrote: »

Thanks everyone.
Going to speak to landlord this weekend and try to meet at a middle point.
If he refuses then have to remind him of pressure zone. My address wasn't under pressure zone when he sent the rent increment notice about 3.5 months ago.

Also landlord said I need to give 4 weeks notice with the move out date. Is this not enough? Or is it 56 days as I am living here for last 2 years.

Edit: forgot to mentioned it's an yearly fixed term contract.

When was the last time rent was set. Iv always wondered this but let’s say a ll had set the rent at 1k 5 years and in that period had 3 tenants. Does that mean he can only increase by the period the last tenant was living there OR from the last date rent was set 5 years ago. I’m a little unsure of this but hopefully someone else might clarify.

Even if I tell you 1 month. If you try and screw me over by going down the exact legal route, I would do the same to you and follow everything by the book.

Even if it’s yearly FTC, you still Need to follow part 4 legislation. Most people are open to compromise but you can’t have it both ways.

Dav010

masterboy123 wrote: »

Thanks everyone.
Going to speak to landlord this weekend and try to meet at a middle point.
If he refuses then have to remind him of pressure zone. My address wasn't under pressure zone when he sent the rent increment notice about 3.5 months ago.

Also landlord said I need to give 4 weeks notice with the move out date. Is this not enough? Or is it 56 days as I am living here for last 2 years.

Edit: forgot to mentioned it's an yearly fixed term contract.

Your notice of rent increase was received before the area was designated a RPZ? If it was 24 months since your last rent review, the notice and amount may be valid for a property not in RPZ. RPZ regs only apply after area is designated. An example of this is the recent controversy over student accommodation, the Universities applied the increases before the RPZ regs took effect.

Peatys

SuperS54 wrote: »

I'll take 300 too as you're offering, can you transfer to my bank account or are you cash only?

SvP should be able to help you if you're that stuck

Sarn

If the LL has agreed 4 weeks with you that’s enough notice. Sounds like the rent increase has been done correctly.

SuperS54

Peatys wrote: »

SvP should be able to help you if you're that stuck

How generous you all are with other peoples money.

FishOnABike

masterboy123 wrote: »

Thanks everyone.
Going to speak to landlord this weekend and try to meet at a middle point.
If he refuses then have to remind him of pressure zone. My address wasn't under pressure zone when he sent the rent increment notice about 3.5 months ago.

Also landlord said I need to give 4 weeks notice with the move out date. Is this not enough? Or is it 56 days as I am living here for last 2 years.

Edit: forgot to mentioned it's an yearly fixed term contract.

That changes things.

The landlord would then have been entitled to increase the rent to market rate, which is what he seems to have done, including the three similar properties for comparison.

The LL has no incentive to agree to any less rent increase than in his notice to you. If he does he is foregoing the difference for all future rental periods while the property is still in a RPZ.

If the LL is willing to accept 28 days notice from you instead of the 56 you would have to give under the residential tenancy act I'd be happy with that. An extra months rent could be €1150 depending on how quickly the property is relet.

Unless you want to tie yourself to a fixed term lease (and since you're moving, you don't), you don't need to sign any new rental agreement. Any landlord and tenant rights and obligations are covered by the residential tenancy act.

You don't need to sign a new contract but it would appear you do need to pay the new rent of €1150 per month.

masterboy123

Thanks for the advice.

Only change at present is rents have dropped in my area now and similar properties which were 1200e per month 4 month ago are going for 1100e per month.
Landlord offered 50e per month discount as I have been a good tenant and always paid on 1st of every month.
So if you compare now with similar properties being 1100e and a potential discount of 50e, it will be 1050e a month.

Well, let see how the meeting goes on the weekend

FishOnABike wrote: »

That changes things.

The landlord would then have been entitled to increase the rent to market rate, which is what he seems to have done, including the three similar properties for comparison.

The LL has no incentive to agree to any less rent increase than in his notice to you. If he does he is foregoing the difference for all future rental periods while the property is still in a RPZ.

If the LL is willing to accept 28 days notice from you instead of the 56 you would have to give under the residential tenancy act I'd be happy with that. An extra months rent could be €1150 depending on how quickly the property is relet.

Unless you want to tie yourself to a fixed term lease (and since you're moving, you don't), you don't need to sign any new rental agreement. Any landlord and tenant rights and obligations are covered by the residential tenancy act.

You don't need to sign a new contract but it would appear you do need to pay the new rent of €1150 per month.

Fol20

masterboy123 wrote: »

Thanks for the advice.

Only change at present is rents have dropped in my area now and similar properties which were 1200e per month 4 month ago are going for 1100e per month.
Landlord offered 50e per month discount as I have been a good tenant and always paid on 1st of every month.
So if you compare now with similar properties being 1100e and a potential discount of 50e, it will be 1050e a month.

Well, let see how the meeting goes on the weekend

Not sure how rents have dropped in your area as rents across all of Ireland are increasing.

Are you comparing a like for like property or is rental availability in your area sparse at best?

At least your meeting somewhere in the middle now with the 50e decrease

Dav010

You are in a RPZ and rents have dropped 8%? Which RPZ are you in? That is amazing.

jimmycrackcorm

masterboy123 wrote: »

Thanks for the advice.

Only change at present is rents have dropped in my area now and similar properties which were 1200e per month 4 month ago are going for 1100e per month.
Landlord offered 50e per month discount as I have been a good tenant and always paid on 1st of every month.
So if you compare now with similar properties being 1100e and a potential discount of 50e, it will be 1050e a month.

Well, let see how the meeting goes on the weekend

What's relevant is that the landlord gave the valid notice of increase at the time.
Would you still feel the same if comparable rents were actually higher now and the landlord pointed that out?