Landlords have served me my notice -Not happy with Something

KurtBarlow

I have been renting a 1 bed apartment in Waterford since 2015 , My landlords(Husband and wife) has served me my notice as they want to sell . There is something I'm not happy with. Up to February of this year I had been paying 650 a month they gave me a call back in February and asked me would I be willing to accept a 100 euro increase by taking on the management fees because he couldn't legally increase the rent by anymore than 2% . It was a fairly informal chat but I reluctantly agreed if he replaced the sofa I would agree to it however the Sofa should really have been replaced 2 years ago when I asked for it to be replaced because the one I had was in a disgraceful state but my request was declined back then .

Anyway the main reason I agreed to pay the increase wasn't really the sofa it was  because I felt 750 was still very manageble for me and that it would give me some extra security by giving me more time to save for a deposit for my own house . There is also a serious lack of rental properties in Waterford at the moment and whilst my plan is to buy my own home at some stage in 2025 I definitely wont be ready by March 2025 so getting a rental property will be tough also. I could be forced to commute to my parents place in Dungarvan which isnt ideal. I certainly felt if I was agreeing to a 100 euro monthly increase there wouldn't have been any notice of termination for at least a year .

Before the notice of Termination I was  sent and asked to sign a an updated Tenancy agreement which I assume was to lock in the 100 increase but I didn't sign it so I guess my reluctance to sign this updated Tenancy agreement is what prompted the notice of Termination.

The bottom line is if I knew this notice of Termination was coming a few months after my Landlord asked me to accept the 100 euro management fee my answer would have been No.

Anyway I am willing to negotiate and continue paying the 750 a month if they agree to push out the Termination date to June 2025 . By this date the students will be gone so there should be a few more short-term rentals available . I would also be willing to accept and sign a updated tenancy agreement.

I sent both of them an email last week but as of yet no response of any kind. Would appreciate some advice please. Do I have a case? Am I being reasonable?

dennyk

https://www.boards.ie/discussion/2058373703/landlords-have-served-me-my-notice-not-happy-with-something

When were you actually served the notice? Based on your length of tenancy, you should be given a 224 day notice of termination, so if the notice was issued recently, you should have until May 2025 at the very least anyway. If the notice was issued a couple months ago, then 224 days would be sometime next March, though. If the notice was issued with an incorrect notice period, it is not valid and you can file a dispute with the RTB within 90 days of getting the notice. Getting the required notice period wrong by a non-negligible length of time (as opposed to just being a day or two off due to accidentally miscalculating the correct date) is a material error and will most likely require a brand new notice with the full 224 days of notice to be issued.

If you actually started paying the additional rent you mentioned, which was over and above the legal increase, you could file a dispute with the RTB to have that extra rent returned to you by the landlord. Do note that the RPZ limits are not a flat 2% for any rent review, though, but 2% per year for each year since the last time the rent was set. If your rent was last set in 2015, then €100 a month could actually be a legal increase and your landlord was just confused about the rules. If that's the case, you might not win a dispute on that basis (though if the landlord never actually issued the required notice of rent review, you might still be able to successfully get a refund of the extra rent on that basis anyway, even if the increase would have been legal).

Drumorig

Your getting fucked out, the landlord will double his money renting it to asylum seekers.

That's why there is nowhere to rent.

KurtBarlow

https://www.boards.ie/discussion/comment/122705974#Comment_122705974

The notice was a couple of months ago so I have been given the correct amount of time notice. My rent actually started as 500 euro in 2015 and he has consistantly applied the 2% increase throughout the years

KurtBarlow

My main issue is the feeling of be conned into paying 100 euro extra in my last year of tenancy. I am willing to keep paying it but on my terms only

Rooks

Buying a house takes a long time, so try to factor that into your plans for 2025. Even if you went sale agreed in Day 1 of your search (unlikely), you'd still be waiting around 100 days (the average closing time) before you got the keys.

SupaCat95

https://www.boards.ie/discussion/comment/122706038#Comment_122706038

TThis is the real issue not the sofa or the e100 extra per month.

arctictree

https://www.boards.ie/discussion/comment/122707377#Comment_122707377

So the landlord would get e800 tax free under the ARP (Accommodation Recognition Payment)? Thats a serious disadvantage to normal renters especially ones that have had their rent rises limited over the last 10 or so years. Unintended consequences….

Claw Hammer

You can string out the process long enough into 2025 if you want. You can also look for the extra €100 a month back if a dispute goes to the RTB.

SupaCat95

https://www.boards.ie/discussion/comment/122707520#Comment_122707520

I am not blaming the Land lord full either but he has to pay 56% tax on rental property. Much easier ways to make a investment work.

Claw Hammer

I blame the rent cap. Stupid nonsense, distorting the market. In fairness to Alan Kelly, he refused to contemplate it.

ballyharpat

My word, this is why I do not supply mattresses and beds and other furniture like tables and chairs- I supply them, but then I tell the tenant that they are not mine, but I can leave them if they want- they generally do want me to leave them. I got caught 15 years ago, a tenant wanted a new couch, I checked the existing one, it was perfect, so I said no. They rang me 3 weeks later and said the springs were coming out through it, I checked, sure enough they were, I replaced it, that was the last time I was caught, all my houses rent 'unfurnished' now.

Regarding being asked to leave, I can understand you are in a predicament, but this is not fair on the landlord, his financial plan may involve selling this house, if he has been a good landlord, it's a shame to see him unable to sell his investment.

The Continental Op

RTB all the way get a hearing for whatever reason, it will delay your notice and then if you loose you appeal that an it delays the whole thing even more. As there have been some irregularities there are plenty of grounds to go to the RTB.

Check the RTB site. I assume the landlord is registered and did everything by the book? If not he's in for a shock.

Edit> https://www.rtb.ie/registration-and-compliance/ending-a-tenancy/notices-of-termination check landlord has complied with all the details if not raise a case with them asap. If everything is correct raise a case about the rent raise. It takes at around 4 months for everything to go through the RTB if they are lucky ad in an appeal and its 6 months and you NoT is on hold while they "ponder" the case.

rightmove

whats the going rate for same property in the market

750 pm??

mrslancaster

https://www.boards.ie/discussion/comment/122707944#Comment_122707944

Unfurnished in very common in other countries but the vast majority of rentals here come fully furnished even though landlords are only required to supply white goods. I can see that changing in future as rents are controlled, and landlords want to reduce their costs iany way they can. Tenants will have to provide everything above the legal stuff - it'll be like RyanAir - rent will be for just the white goods and floor coverings, if tenants want anything above that it will be charged extra.

gipi

https://www.boards.ie/discussion/comment/122707520#Comment_122707520

My local council advertise regularly for properties to rent under the ARP, but specify that any property offered must not have been rented previously. Other councils may do the same, so the scenario outlined may not arise

mrslancaster

https://www.boards.ie/discussion/comment/122706511#Comment_122706511

The extra 100 is the management fees? What did the original lease say?

HazeDoll

I would immediately and without negotiation stop paying the €100 extra. If the LLs object refer them to the 2% increase rule in writing and ask them about the possibility of recouping the overpaid rent since February. Don't refer to it as the management fee, refer to it as the rent paid in excess of the legally allowed rent increase.

Keep things in writing and let them know that things will be done by the book from now on.

spaceHopper

They won't push the termination date out, it's no help to them they. If they do move it for you and you don't me then, if they went the the RTB it would go against them the RTB could even say they rescinded the notice. Match is also peek selling season. April won't work it's tapering off then.

What have you got to off them by way of negotiation.

You’ve been getting it way below market rates and you know it. The 2% has distorted the market making it non-viable for you LL. They will have to pay, about 1000 insurance, 1500 management fees, say 300 property tax. So 2800 fixed costs. Add to that setting aside money to pay for replacing furniture and appliances. Call that 400 a year, so 3200. You’re paying 7800. Less costs they get 4600, less tax 2200. Assuming the place is work 220k that’s 1% ROI. Any wonder they are selling. You spit hairs over 100 euros a month and a sofa.

The Continental Op

https://www.boards.ie/discussion/comment/122728982#Comment_122728982

Nah you are missing out the increasing value of the house in the ROI.

spaceHopper

https://www.boards.ie/discussion/comment/122729060#Comment_122729060

They can just as easily go down, personally I think we are in stock market credit bubble at the moment and heading for crash.

Even if you take the growth of 10% on 250k apartment, which isn't the norm, you'll lose 1/3 of that to CGT.

If you sell 2k solicitor costs, 4k selling costs, 25k - 6k = 19k - 6k tax becomes 13k. Is it worth the risk of bad tenant and legal costs?