Advice needed please

janisjoplin

Hi all
I've been renting an apartment through a private landlord since July 2017, am really happy with where I live and have never had any issues , paid my rent on time. Yesterday I got a text out of the blue from my landlord to tell me he is putting my rent up from €130 to €150 per week as the cost of rentals are rising and he could easily get €200 per week for my place, he said he was being fair with this increase and it will come into effect on January. I text him back explaining I'm still only working part time and I would have preferred if the rent had stayed the same price but I understand with the increase in rental prices, I asked him to post me a letter outlining this increase, I also asked him would he take the HAP payment as I'm on the housing list for years and have previously been told by the council I would qualify for it, he said give him more information about it. Then today he sent me an email outlining again the rent increase and why ( that he can get more money now cos of the market) and said he would maybe consider the hap but he doesn't want to be tied to it long term. So ok I have two questions, can a landlord just decide to up the rental price with two weeks notice( I have emailed threshold and asked them the same question, am awaiting a response) and basically can a landlord refuse the HAP payments cos of the long term lease( which I assume HAP has). Any advice greatly appreciated, thanks

Browney7

janisjoplin wrote: »

Hi all
I've been renting an apartment through a private landlord since July 2017, am really happy with where I live and have never had any issues , paid my rent on time. Yesterday I got a text out of the blue from my landlord to tell me he is putting my rent up from €130 to €150 per week as the cost of rentals are rising and he could easily get €200 per week for my place, he said he was being fair with this increase and it will come into effect on January. I text him back explaining I'm still only working part time and I would have preferred if the rent had stayed the same price but I understand with the increase in rental prices, I asked him to post me a letter outlining this increase, I also asked him would he take the HAP payment as I'm on the housing list for years and have previously been told by the council I would qualify for it, he said give him more information about it. Then today he sent me an email outlining again the rent increase and why ( that he can get more money now cos of the market) and said he would maybe consider the hap but he doesn't want to be tied to it long term. So ok I have two questions, can a landlord just decide to up the rental price with two weeks notice( I have emailed threshold and asked them the same question, am awaiting a response) and basically can a landlord refuse the HAP payments cos of the long term lease( which I assume HAP has). Any advice greatly appreciated, thanks

Where are you living OP? If it's in a RPZ then the increase is too high. Has the LL provided three comparable properties in his review letter? You should be given 90 days notice. Keep paying the €130 per week until you receive a valid notice.

I would suggest not being confrontational (within reason!) as the LL will probably find a relative he wants to move in or say he wants to sell.

matthewmurdock

Unless it looks like this then nicely tell him it's not valid.

https://onestopshop.rtb.ie/during-a-tenancy/sample-notices-of-rent-review/

janisjoplin

Browney7 wrote: »

Where are you living OP? If it's in a RPZ then the increase is too high. Has the LL provided three comparable properties in his review letter? You should be given 90 days notice. Keep paying the €130 per week until you receive a valid notice.

I would suggest not being confrontational (within reason!) as the LL will probably find a relative he wants to move in or say he wants to sell.

Hi there, thank you for your response. I'm living in Waterford city and it does come under the RPZ, he hasn't giving me anything written about comparable rental prices. He literally said in his text message that he could easily get €200 a week for the property now and he was being fair by increasing it by just €20, and that increase will be effective from January 2020. Have had a good relationship with him and always found him pleasant to deal with, so was stunned when the text came out of the blue, so wouldn't dream of being confrontational with him.

Upon your last line there in your response, had a landlord do that to me before gave me notice to leave to say his grand daughter was moving in!!

janisjoplin

matthewmurdock wrote: »

Unless it looks like this then nicely tell him it's not valid.

https://onestopshop.rtb.ie/during-a-tenancy/sample-notices-of-rent-review/

No nothing like that, just a text yesterday and an email to say he's increasing it due to rental prices increasing and he could obtain €200 a week. Thank you for your response

matthewmurdock

janisjoplin wrote: »

No nothing like that, just a text yesterday and an email to say he's increasing it due to rental prices increasing and he could obtain €200 a week. Thank you for your response

A tenant must be informed of any review to the rent with at least 90 days’ notice in writing of a change in rent (an email or text is not considered appropriate notice of a rent review). The rent can only be increased up to a maximum of 4% and the rent being sought should not be more than local market rents for similar properties.

He doesn't have a leg to stand on currently, but I'd be nicely correcting him rather than going hell for leather on it.

Needs to follow the written format as laid out by the RTB, with the 3 similar properties as mentioned.

P.S - Keep a record of all correspondance from the text forward as you may end up needing it if it turns sour.

janisjoplin

matthewmurdock wrote: »

A tenant must be informed of any review to the rent with at least 90 days’ notice in writing of a change in rent (an email or text is not considered appropriate notice of a rent review). The rent can only be increased up to a maximum of 4% and the rent being sought should not be more than local market rents for similar properties.

He doesn't have a leg to stand on currently, but I'd be nicely correcting him rather than going hell for leather on it.

Needs to follow the written format as laid out by the RTB, with the 3 similar properties as mentioned.

P.S - Keep a record of all correspondance from the text forward as you may end up needing it if it turns sour.

Didn't know any of that , thank you so much. Do I have to give him the guidelines of which he has to follow or do the RTB act on my behalf, I really don't want it to get sour with him as I've said always found him a gentleman and pleasant to deal with. I have kept screenshots of all the texts and have the email saved also

Iodine1

Looks like no rent increase for 2.5 years, so landlord has been reasonable. Galloping to Threashold is quite likely to uncover a relative or a For Sale notice as they always come the heavy on the landlord. That was the outcome in 2 cases I know of, where in both the landlords said I'M out of this game, and never again. Resulted in 3 properties disappearing from the rental market. Maybe you should ask to meet the landlord and talk to him, emails and texts are too impersonal.

janisjoplin

Iodine1 wrote: »

Looks like no rent increase for 2.5 years, so landlord has been reasonable. Galloping to Threashold is quite likely to uncover a relative or a For Sale notice as they always come the heavy on the landlord. That was the outcome in 2 cases I know of, where in both the landlords said I'M out of this game, and never again. Resulted in 3 properties disappearing from the rental market. Maybe you should ask to meet the landlord and talk to him, emails and texts are too impersonal.

He did state in his text that he hadn't increased the rent in over two years which was a valid point and I understand he's a landlord and wants to make money on his property. Just found it a bit crap to text two weeks before Christmas with a rent increase, I doubt he will meet in person as he lives in Kildare and I suppose from his point of view really he wants the rent increase, so it's kind of an awkward situation on both sides

matthewmurdock

janisjoplin wrote: »

matthewmurdock wrote: »

A tenant must be informed of any review to the rent with at least 90 days’ notice in writing of a change in rent (an email or text is not considered appropriate notice of a rent review). The rent can only be increased up to a maximum of 4% and the rent being sought should not be more than local market rents for similar properties.

He doesn't have a leg to stand on currently, but I'd be nicely correcting him rather than going hell for leather on it.

Needs to follow the written format as laid out by the RTB, with the 3 similar properties as mentioned.

P.S - Keep a record of all correspondance from the text forward as you may end up needing it if it turns sour.

Didn't know any of that , thank you so much. Do I have to give him the guidelines of which he has to follow or do the RTB act on my behalf, I really don't want it to get sour with him as I've said always found him a gentleman and pleasant to deal with. I have kept screenshots of all the texts and have the email saved also

Nothing that he gives you is valid until it follows the format of the RTB example. There isn't really going to be a nice way to say it, because as it stands he thinks he is increasing the rent in January by 20 quid - but you know he cannot do that. 90 day notice, within the allowable increase, with 3 similar properties, in a proper format as is on the RTB website.

Do everything yourself for the time being, there is no reason to involve anyone else. It could be that he is genuine and that he will do what is needed.

janisjoplin

matthewmurdock wrote: »

Nothing that he gives you is valid until it follows the format of the RTB example. There isn't really going to be a nice way to say it, because as it stands he thinks he is increasing the rent in January by 20 quid - but you know he cannot do that. 90 day notice, within the allowable increase, with 3 similar properties, in a proper format as is on the RTB website.

Do everything yourself for the time being, there is no reason to involve anyone else. It could be that he is genuine and that he will do what is needed.

I definitely think he is genuine and I have met a lot of bad landlord's, do you know what the situation is with the hap? Can he refuse that if it's a long term lease , as I could manage the rent increase then and it would save all this agro really

matthewmurdock

janisjoplin wrote: »

I definitely think he is genuine and I have met a lot of bad landlord's, do you know what the situation is with the hap? Can he refuse that if it's a long term lease , as I could manage the rent increase then and it would save all this agro really

Yeah but the problem with that is he could decide to increase it again in March by €20, and then in July by €10. You have to put the foot down from the start. Correct format from him, simple as that.

I know I contradicted myself by saying do it nicely and saying then that there isn't really a nice way to do it - but play innocent, don't bring up RTB/Threshold and don't threaten. Your relative or something rents properties and they told you it has to be like the RTB format with the 90 day notice etc.

HAP - you'll have to apply for social housing with Waterford City + County Council. You won't qualify if you earn more than €30,000 net per year. That will require you to get a few bits together and fill out the form. You need to be accepted for social housing before you can apply for hap. Not all lost if he doesn't accept HAP because you can go somewhere else knowing you have the safety net of the financial support. He can't legally refuse HAP but he might - this isn't worth fighting to be honest, even the councils will tell you not to bother. Too long and complicated.

janisjoplin

matthewmurdock wrote: »

Yeah but the problem with that is he could decide to increase it again in March by €20, and then in July by €10. You have to put the foot down from the start. Correct format from him, simple as that.

I know I contradicted myself by saying do it nicely and saying then that there isn't really a nice way to do it - but play innocent, don't bring up RTB/Threshold and don't threaten. You're relative or something rents properties and they told you it has to be like the RTB format with the 90 day notice etc.

HAP - you'll have to apply for social housing with Waterford City + County Council. You won't qualify if you earn more than €30,000 net per year. That will require you to get a few bits together and fill out the form. You need to be accepted for social housing before you can apply for hap. Not all lost if he doesn't accept HAP because you can go somewhere else. He can't legally refuse HAP but he might - this isn't worth fighting to be honest, even the councils will tell you not to bother. Too long and complicated.

Very true in your points never really thought of that to be honest. I think he is likely to not renew my lease in July as he knows he can obtain a higher rent, which in fairness there will be nothing I can do about . I'm already on the social housing list, have been for several years. They advised me previously to apply for the HAP but heard alot of horror stories regarding people asking their landlord's to accept this,hence why I was reluctant to ask him before.
Again thank you so much for your advice, you have been so helpful

matthewmurdock

janisjoplin wrote: »

Very true in your points never really thought of that to be honest. I think he is likely to not renew my lease in July as he knows he can obtain a higher rent, which in fairness there will be nothing I can do about . I'm already on the social housing list, have been for several years. They advised me previously to apply for the HAP but heard alot of horror stories regarding people asking their landlord's to accept this,hence why I was reluctant to ask him before.
Again thank you so much for your advice, you have been so helpful

I work out he will be able to increase by about 12 euro extra, but that is all he can do for a year. He can't review the rent for another year. Earliest the raise can happen is March at this point too, depending on when he sends you the valid notice.

He might know he can obtain a higher rent, but he may also get tenants from hell if you go so that could be on his mind too. It's not a certainty that the money thing would do for you, if you are a good tenant - as you are a known reliable for him.

If you're on the list already then that's fine. Just make sure the file is still active, that you haven't accidentally forgotten to respond to Housing Needs Assessment some year. You need the file to be open so you can look around for new properties if you have to, knowing that you have the safety net of HAP in your back pocket. Give them a ring tomorrow to make sure. And get your Choice Based Letting login information too, no point in not expressing interest in properties. It's rare for single applicants but not impossible, and you will never get a social house if you aren't expressing an interest in the ones they advertise.

On HAP - Some landlords will say no, there isn't a point fighting it even though it's illegal. And that's the worst that can happen. No point being scared of it. The application process will be simple enough for you, you'll just fill out your half of the form and give them your up to date income. Other half of the form goes to the landlord. It'll take about 3 weeks. Biggest issue with it is the landlord filling it out wrong or not giving all the info.

dennyk

janisjoplin wrote: »

Hi there, thank you for your response. I'm living in Waterford city and it does come under the RPZ

Are you sure your specific address is in the RPZ? Not all of Waterford City is covered, only the south and east LEAs. You can double-check by entering your address in the RPZ rent calculator tool on the RTB's site.

he hasn't giving me anything written about comparable rental prices. He literally said in his text message that he could easily get €200 a week for the property now and he was being fair by increasing it by just €20, and that increase will be effective from January 2020.

Yeah, nope. He has to provide a notice of the rent review and your new rent in writing (as in a hard copy; emails and texts are not sufficient), following a very specific format and including several required pieces of information, including a list of three comparable properties. See this page for some sample rent review notices. The minimum notice period is 90 days from the date the rent review notice is issued, so he cannot increase the rent in January.

Until you get such a notice in writing, your rent is unchanged regardless of what texts or emails or phone calls the landlord has sent or made. If you get a notice and it does not follow the correct format, or it specifies an effective date that is less than 90 days from the date you were issued the notice, you can file a dispute with the RTB; you have to do this before the new rent is set to take effect or before 90 days have passed, whichever is longer.

If your property is in an RPZ, the rent increase is limited to 4% per year based on the last time the rent was set (either when your tenancy began or at the last rent review that took place). If your rent was last set 2.5 years ago, the most he could raise it to would be roughly €137 per week, by my calculations; might be slightly different depending on the exact dates in question, but certainly not anywhere near €150 a week. You can dispute an illegal rent increase with the RTB via the same method; again, this must be within 90 days of receiving the written notice.

Have had a good relationship with him and always found him pleasant to deal with, so was stunned when the text came out of the blue, so wouldn't dream of being confrontational with him.

A previous good relationship doesn't give him carte blanche to flout the law or trample all over your rights. Stand up for yourself and push back if he's trying to do something illegal.

Upon your last line there in your response, had a landlord do that to me before gave me notice to leave to say his grand daughter was moving in!!

The laws have been tightened a bit in recent years; such reasons for termination now require a statutory declaration, and the landlord can face penalties if he files a false declaration.

Iodine1 wrote: »

Looks like no rent increase for 2.5 years, so landlord has been reasonable.

If the landlord is trying to raise the rent in excess of what is allowed in an RPZ, then he's not being reasonable, I'd say.

janisjoplin

matthewmurdock wrote: »

I work out he will be able to increase by about 12 euro extra, but that is all he can do for a year. He can't review the rent for another year. Earliest the raise can happen is March at this point too, depending on when he sends you the valid notice.

He might know he can obtain a higher rent, but he may also get tenants from hell if you go so that could be on his mind too. It's not a certainty that the money thing would do for you, if you are a good tenant - as you are a known reliable for him.

If you're on the list already then that's fine. Just make sure the file is still active, that you haven't accidentally forgotten to respond to Housing Needs Assessment some year. You need the file to be open so you can look around for new properties if you have to, knowing that you have the safety net of HAP in your back pocket. Give them a ring tomorrow to make sure. And get your Choice Based Letting login information too, no point in not expressing interest in properties. It's rare for single applicants but not impossible, and you will never get a social house if you aren't expressing an interest in the ones they advertise.

On HAP - Some landlords will say no, there isn't a point fighting it even though it's illegal. And that's the worst that can happen. No point being scared of it. The application process will be simple enough for you, you'll just fill out your half of the form and give them your up to date income. Other half of the form goes to the landlord. It'll take about 3 weeks. Biggest issue with it is the landlord filling it out wrong or not giving all the info.

Very true regarding the raise and he has been letting to me for two and a half years without any hassle, I have painted the place and added little touches to it through my own pocket, so hopefully if I point our nicely about the RTB regulations regarding the rent increase and notice of the increase he might counter in the fact I have been a good tenant and supplied him with excellent work and previous landlord references also.
Regarding the hap, I'm definitely still on the social housing list as each year they send me out a form to ensure I'm still in need of housing etc and my income and I always return them and am on the CBL system, without fail each Friday morning I log into the system and have added to my interest to several properties, but think it's unlikely I'll be housed as I don't have children and am single ( but am hopeful)so least I know I can obtain the HAP as you said that's a safety net in place for me..