Advice - Should I be paying Management Charges?

KurtBarlow

I have been renting a 1 bed in waterford for past 8 years . Because I have been there so long my rent was very cheap. 653 a month. The landlord came on the phone in January and said because he couldnt raise the rent more than 2% would I mind taking on the management fees of 100 euro a month. I probably should have said no but because 750 is still cheap and I didnt want to find myself having to look for a new place I reluctantly said yes now I regret that decision. A few weeks ago I got a new 1 year lease in the door which includes my agreement that I pay those management fees which means he can increase the rent and Ill be liable for any increase in managment fees also. Ive been paying the extra 100 euro since feb so I am wondering if its too late to change my mind

dennyk

If you haven't signed anything agreeing to pay the fee, then you have a fairly strong case. Your landlord could try to argue that you have a verbal agreement to pay the fee, but if he tried to bring it to the RTB, they're likely to deem that an illegal rent increase and order him to refund you those extra payments.

Unfortunately the downside is that there's a fair chance that if you refuse, the landlord will decide to sell the property and then conveniently forget to offer it back to you when the sale "falls through" and it goes back on Daft at market rent, or a heretofore unknown relative needing a place to live will mysteriously appear from the aether and then disappear again just as mysteriously once you've vacated.

Xterminator

OP - you can leave, stay and pay, or stay and go back on your word and dispute the new arrangement, threatening RTB.

they are your options. id suggest the least hassle for you is stay and pay. Document everything inc. payments, and protect yourself.

if you stay and attempt go back on the agreement i would suggest its a matter of time before the relationship will break down. from the landlords point of view you agreed voluntarily, you have been paying for a couple of months now and he's gone to the trouble of drafting a new lease with the agreed arrangement. you would have to make your case that the new arrangement is effectively above the allowed rent increase. and you would seem to have a good case. But taking your landlord to RTB or threatening to is not a small step.

i assume you don't want to leave and wont do so voluntarily.

Claw Hammer

You can wait a year or two and then complain to the RTB about a back door rent increase and get your money back. It is a good way of saving.

shimadzu

A lot depends on if you have signed the agreement stating that you will now be responsible for the management fee, if not you are still free to negotiate or decline the increase. What you have to ask yourself is the new rate of €750 better or worse that what you will have to pay if you move. If you decide not to pay the extra €100 the likely outcome is that you will be served notice, the landlord will either sell the property or put it on Airbnb for 90 days a year for two years so they can bring the rent back to market rents. Its also worth keeping in mind if you are in a RPZ and haven't had a rent review in the last 7 years the landlord can raise the rent by a further 14% as per RTB rules.

Due to the overwhelming hatred of landlords here the go to answer tends to be ride it out and challenge the increase in a number of years which will result in you getting your money back, that's not generally how it works. The RTB will take into account the length of time you knew about this change and if the landlord has a document with your signature on it related to taking ownership of the management fees they will probably give you back 90 days of overpayment while also fining the landlord if they are found to be breaching the rules. What generally happens when a tenant makes a complaint to the RTB the landlord will also make a complaint for damage to the property so the likelihood of getting a payday at the end is probably fairly slim. When a complaint is made against you there will be a searchable record on the RTB website that future landlords will be able to access which could limit your ability to find accommodation in the future.

To sum it up, if €750 is a good deal pay it if not look for alternative accommodation.