end of contract - new agreements

fl4pj4ck

Hello for the first time!

Now, I live in a rented apartment, had contract until end of november.
I visited Agency few times about new contract, when the old one was due
to end. They never give me any answers on when will I receive new one.
And now on - I received a letter from Agency stated that:

I instruct (agency name) to: [please tick box]
o Renew my tenancy agreement
o I wish to renew the agreement
o As per the new conditions: Term: 12 Months; Rent: e650
o Under different conditions subject to my Landlords approval:

o I intend to vacate the property at the end of my tenancy agreement
----


And now, my rent is about to go up from 550 to 650. Old contract ended
30th Nov 2006, and as I didnt get the letter at least 30 days earlier (letter
dated 13th December, received it 16th)- I suppose i still should be informed
at least 30 days before rent change (tell me if im wrong).

So its 13th January -> rent will increase from 1st of February, am I right?

All comments appreciated
Mark

antoinolachtnai

I am assuming you are there at least 6 months. Why did you go to see the estate agent?

you should read http://www.prtb.ie/

You should consider not signing, and not corresponding further with the estate agent, unless they try to serve a notice on you that they intend to increase the rent or if they serve you notice.

The rent increase sounds too much. There is a procedure where the rent increase is too much, and you've been in the apartment more than 6 months but less than 4 years. Read carefully about your rights as a tenant.

You have to make your own mind up though.

fl4pj4ck

tis I found so far: (oasis.gov)


[2004.] Residential Tenancies Act 2004. [No. 27.]

Part 3 Section 20

22.—(1) The setting of a rent (the ‘‘new rent’’) pursuant to a
view of the rent under a tenancy of a dwelling and which is other-
se lawful under this Part shall not have effect unless and until the
ndition specified in subsection (2) is satisfied.
(2) That condition is that, at least 28 days before the date from
hich the new rent is to have effect, a notice in writing is served by
e landlord on the tenant stating the amount of the new rent and
e date from which it is to have effect.

Why did you go to see the estate agent?

because there was no sign of the new terms and I have heard from neighbours (same agent) that their rent increased, and I needed some work to be done

fl4pj4ck

yes. were there since april (more than six months)

sorry i didnt mention that, there was another page which says:

We would appreciate if you could indicate on the bottom of this letter what you wish us to do. Your Landlord has instructed us to offer a new Letting Agreement under the following terms:
Term: 12 Months
Rent: To be 650 as per Landlords instruction

If you need any further information [blahblah]

Yours
Agency

where to make a complaint against so high increase?

Victor

fl4pj4ck wrote:

where to make a complaint against so high increase?

Write to the agent, saying you don't accept the increase as it isn't in line with the market.

If they insist, go to the PRTB.

antoinolachtnai

I would write and complain about the problems you are having.

I would ask them to write and give proper notice if they propose an increase in the rent. Wait until they give proper notice, then make tell them you don't accept the increase.

fl4pj4ck

links to scans:

http://img339.imageshack.us/img339/9129/str1me6.jpg
http://img98.imageshack.us/img98/6893/str2yu9.jpg

I would ask them to write and give proper notice if they propose an increase in the rent. Wait until they give proper notice, then make tell them you don't accept the increase.

why this one is not proper?

antoinolachtnai

No, it appears to me that they haven't stated a date from which the new rent will take effect. If you read the section from the act quoted above, it appears that this is required.

fl4pj4ck

I went to Treshold today and they confirmed this, but told me if I sign next contract with a fixed term I might loose my deposit.
So they told me to call in and ask to send new terms of contract and propose.
As its Christmas they problably do it after, so this gives me a month to figure out whether id like to stay or find another apt. They told me not to sign anything before i receive a letter from agency.

About the rent they told me that interest rates increased and thats why rent is going up. But I am asking: 550 to 650 is 20%, i doubt it was increased that much. Am I right?

aniascor

fl4pj4ck wrote:

About the rent they told me that interest rates increased and thats why rent is going up. But I am asking: 550 to 650 is 20%, i doubt it was increased that much. Am I right?

Who told you? Threshold or the Letting Agency?

I've no doubt interest rates increasing are what caused the landlord to decide to up the rent, but that's not to say that they are entitled to raise it by 20%. Talk to Threshold again to find out what the legality of this is.

antoinolachtnai

Rates have to go up in line with market rent, as I understand it. You can't just put up the rent because the cost base has changed. You should appeal this.

Why would you sign a new contract? Is there something wrong with the old one? No one can make you sign a new one and there is no benefit for you in signing it. You have fixity of tenure.