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Rent increase, thoughts

  • 01-03-2013 10:25am
    #1
    Registered Users, Registered Users 2 Posts: 194 ✭✭


    Hi there fellow boarders,

    I am nearing the end of a 12 month lease in a nice house where I live with my wife and baby son, its a rural village in the west and we are happy there. We currently are house hunting but wont be in a position to buy for at least 6 months and maybe more depending on how the market looks then, I'm not in a huge hurry just saving hard and talking to some banks re what we'd get approved for.

    Anyway, rent is currently €500 and we have paid it without fuss for the year, model tenants and landlord knows that. Rang him to discuss extending lease by 6 months with a view to a possible 6 more. He is happy with that but wants an increase in rent to €560 to cover the rising costs of being a landlord, we all know what they are. We are obviously against this whilst don't want the hassle of having to move for what may only be 6 months.

    Is this a trend people are seeing due to stuff like property tax, passing it onto tenants where possible. I have said to him we will think about it but obviously no way I am paying that increase to be honest. Its a nice house and all but its in the sticks! (just where I like it!)
    Tagged:


«1

Comments

  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    How rural are we talking and how likely is the landlord to find a new tenant any time soon? If the place is likely to be empty for a month or more then they stand to lose €500 in an effort to make not much more than that over the next year. Maybe use that to your advantage when negotiating.

    You also need to take a look at the general market rental price in the area; what is the average for similar properties in your area (I appreciate that there may not be much of a rental market in a rural village to gauge the average price). The landlord is not allowed to raise the rent above the average market rental price. €60 probably isnt pushing much beyond the average if what you are paying currently is reasonable, however if you are already paying a high price then they dont have much/any room to increase.


  • Registered Users, Registered Users 2 Posts: 3,528 ✭✭✭gaius c


    If the increase is not in line with market rents in the area, you have grounds for an appeal to the PRTB.
    Even if it is in line with market rents, you could still appeal and it takes at least 6 months before the appeal is heard and you continue paying the original rent until the appeal is heard.

    Personally, I would be slow to agree to it as rents outside urban areas are falling/stagnant at best and a 12% increase in rent in a rural area is extremely steep. Rents are dictated by supply/demand, not the landlord's costs.

    You also don't need to sign a new lease as you are entitled to a part 4 tenancy.


  • Registered Users, Registered Users 2 Posts: 194 ✭✭Maximus_1


    Thanks for the replies folks. Its pretty rural (no shop for 4 miles for example) and nearest big town 20. A guy in the same estate was looking for €600 for his house, it was vacant for quite a few months so I'm guessing he had to sup on a dose of reality.

    He would do well I'd say to find a replacement in a month, I know this, and he knows that I know this. His logic is that his costs have gone up and that its a well finished house etc but my opinion is that its not really my problem, he choose to be a landlord, there are costs involved which fluctuate etc.

    On the plus side he is generally sound and prompt with any issues we've had which have been few. Easy to deal with. We like living there and moving is hassle. Bit of a game of chicken I guess.

    Not sure I want to go down the appeal route if I can avoid it at all, I like a quiet life whoever I'm not going paying what hes asking either, dont think its warranted. Suppose my main reason for posting was to test the water as to what people are seeing with rents are the property tax was introduced which is the main justification hes using.


  • Registered Users, Registered Users 2 Posts: 3,528 ✭✭✭gaius c


    Maximus_1 wrote: »
    Thanks for the replies folks. Its pretty rural (no shop for 4 miles for example) and nearest big town 20. A guy in the same estate was looking for €600 for his house, it was vacant for quite a few months so I'm guessing he had to sup on a dose of reality.

    He would do well I'd say to find a replacement in a month, I know this, and he knows that I know this. His logic is that his costs have gone up and that its a well finished house etc but my opinion is that its not really my problem, he choose to be a landlord, there are costs involved which fluctuate etc.

    On the plus side he is generally sound and prompt with any issues we've had which have been few. Easy to deal with. We like living there and moving is hassle. Bit of a game of chicken I guess.

    Not sure I want to go down the appeal route if I can avoid it at all, I like a quiet life whoever I'm not going paying what hes asking either, dont think its warranted. Suppose my main reason for posting was to test the water as to what people are seeing with rents are the property tax was introduced which is the main justification hes using.

    Property tax is being used as an "excuse" in urban areas and right now in Dublin, landlords are in a strong position. I doubt that's the case where you are. If you want to give your landlord €360 of post-tax income that could go towards your future home, that's your business. You have one big advantage that others don't in that you don't need to worry about a landlord reference for your next rental as you're intending to buy.

    Even if you do give him a "raise", you certainly shouldn't be giving him 12%. Beat him down to a percentage point or two at most.


  • Registered Users, Registered Users 2 Posts: 194 ✭✭Maximus_1


    Just looking more into this whole property tax thing, he will be liable for €315, at most. And in 2013 only half of that is payable so it breaks down to €13 a month!


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  • Registered Users, Registered Users 2 Posts: 3,528 ✭✭✭gaius c


    Maximus_1 wrote: »
    Just looking more into this whole property tax thing, he will be liable for €315, at most. And in 2013 only half of that is payable so it breaks down to €13 a month!

    Also, it's tax deductable for him but won't be for you when you buy your own place.


  • Registered Users, Registered Users 2 Posts: 1,806 ✭✭✭D1stant


    The market rules. Yes I have seen LLs do this in Urban areas, because they can. This guy cant really.

    Is this guy chancing his arm or does he have a mortgage on the place for > 500pm do you think?

    If the lstter, whilst you are in a position of power here. I would say meet him half way 530 or 520 pm. Its not worth the hassle of moving if everything else is good.

    If the former say no - you wont pay more than 500. Tell him Take it or leave it


  • Registered Users, Registered Users 2 Posts: 194 ✭✭Maximus_1


    He paid over the odds for the house in 2007/8 and has a mortgage of 1k a month or so, I know this to be true. The cost of a boom time house though isnt really linked to the fact its now worth half and the area is far from a hotspot for rentals. What'll probably happen is some kind of a mid-point compromise alright as for the price of a few pints its not worth the hassle of arguing too much or moving. Everything else is fine and as landlords go he is easy to deal with. Theres an element of arm chancing I suppose in this instance!


  • Closed Accounts Posts: 992 ✭✭✭Barely Hedged


    gaius c wrote: »
    Property tax is being used as an "excuse" in urban areas and right now in Dublin, landlords are in a strong position. I doubt that's the case where you are. If you want to give your landlord €360 of post-tax income that could go towards your future home, that's your business. You have one big advantage that others don't in that you don't need to worry about a landlord reference for your next rental as you're intending to buy.

    Even if you do give him a "raise", you certainly shouldn't be giving him 12%. Beat him down to a percentage point or two at most.

    I don't get why it would be seen as an excuse, either in urban or rural areas.

    Looking at it from a land lords perspective, it's a cost on their business. Any business tries to minimise costs as much as possible and pass increases in their cost base onto the customer.

    Also this cost is property and resident specific - the person residing in the property benefits from what the property tax is going towards.

    I'm not a land lord also.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    I don't get why it would be seen as an excuse, either in urban or rural areas.

    Looking at it from a land lords perspective, it's a cost on their business. Any business tries to minimise costs as much as possible and pass increases in their cost base onto the customer.

    Also this cost is property and resident specific - the person residing in the property benefits from what the property tax is going towards.

    I'm not a land lord also.

    On paper this is all fine and well, and I dont blame the landlord for chancing his arm, but in reality he doesnt really have any bargaining power by the sounds of it. If the property is as remote as it sounds then there will be a very small rental market; he stands to lose more than he gains if the OP were to leave. Part of the risk of buying a rental property in a rural area.


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  • Closed Accounts Posts: 992 ✭✭✭Barely Hedged


    djimi wrote: »
    On paper this is all fine and well, and I dont blame the landlord for chancing his arm, but in reality he doesnt really have any bargaining power by the sounds of it. If the property is as remote as it sounds then there will be a very small rental market; he stands to lose more than he gains if the OP were to leave. Part of the risk of buying a rental property in a rural area.

    Completely agree with the point you make. That's the way the cookie crumbles, but i was getting at the point that was made as to why it would be an "excuse" in either an urban or a rural setting. It's a cost on their business and they're more than entitled to look for an increase so i wouldnt call a property tax an excuse or a chance of their arm. Whether they get it or not is something different


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    gaius c wrote: »
    Also, it's tax deductable for him.
    Can you point me to the legislation?

    The NPPR and HH Charge were never explicitly allowed and Revenue sent a circular stating that they should be allowed in tax returns (despite them being an obvious cost of business for any residential landlord).

    There have been some rumours that the property tax will be allowed, but nothing concrete.

    To the OP:
    You are in a strong bargaining position, though you don't seem to realise it. I would tell the LL that you're not agreeing to an increase of 12% based on current market rates in your area and that you are prepared to challenge the rent review with the PRTB. You could leave the door open to a 6% increase max to let your LL save some face.


  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    People are missing the introduction of PRSI on to rental income.
    PRTB cases on rent increases are really about big jumps like 50% not 12%. People wonder why it takes so long to get to court these petty cases are exactly why.


  • Registered Users, Registered Users 2 Posts: 3,528 ✭✭✭gaius c


    I don't get why it would be seen as an excuse, either in urban or rural areas.

    Looking at it from a land lords perspective, it's a cost on their business. Any business tries to minimise costs as much as possible and pass increases in their cost base onto the customer.

    Also this cost is property and resident specific - the person residing in the property benefits from what the property tax is going towards.

    I'm not a land lord also.

    It's an excuse because rents are set by supply/demand, not landlord's costs. If costs dictated market rents then rents would increase any time interest rates went up!


  • Registered Users, Registered Users 2 Posts: 194 ✭✭Maximus_1


    Dont worry Ray I wont be going to the PRTB, not my style if it can be avoided at all, just looking for some opinions on the situation aside from my wives and Dads who are both in the 'he is some chancer, does he know where his house is, there isnt even a shop for milk nearby!' camp. I'm a little bit less militant and can see why he would at least ask for an increase. What'll likely happen is some middle point will be reached.

    To Barely Hedged I doubt somehow I will be benefiting much from where the property tax goes, last time I checked it was to fill a hole left by some bad decisions made by property developers and the banks whilst local services and infrastructure in general deteriorate!


  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    gaius c wrote: »

    It's an excuse because rents are set by supply/demand, not landlord's costs. If costs dictated market rents then rents would increase any time interest rates went up!
    Supply and demand is much more complex than people think. Cost go up cost of supply increases demand may drop but that is that.

    Property tax was coming in regardless of bank fall out. It had to under EU laws it really should be a household charge.


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    Ray Palmer wrote: »
    People are missing the introduction of PRSI on to rental income.
    To be fair to those of us not in PAYE employment...

    PRSI has always been payable on rental income, unless you were a PAYE employee and submitting your tax returns on a Form12.

    Anybody in self employment or non-resident or retired already pays PRSI on rental income and always has.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Maximus_1 wrote: »
    Dont worry Ray I wont be going to the PRTB, not my style if it can be avoided at all, just looking for some opinions on the situation aside from my wives and Dads who are both in the 'he is some chancer, does he know where his house is, there isnt even a shop for milk nearby!' camp. I'm a little bit less militant and can see why he would at least ask for an increase. What'll likely happen is some middle point will be reached.

    Theres nothing militant about using the situation to your advantage. If you think that by your leaving the landlord is going to be left with an empty property for a month or more then that is your bargaining chip against this rent increase. I understand why he would ask for the increase also, but ultimately its not your problem. If you dont have to pay more than you are currently paying then why should you?


  • Registered Users, Registered Users 2 Posts: 484 ✭✭MMAGirl


    djimi wrote: »
    How rural are we talking and how likely is the landlord to find a new tenant any time soon? If the place is likely to be empty for a month or more then they stand to lose €500 in an effort to make not much more than that over the next year. Maybe use that to your advantage when negotiating.

    You also need to take a look at the general market rental price in the area; what is the average for similar properties in your area (I appreciate that there may not be much of a rental market in a rural village to gauge the average price). The landlord is not allowed to raise the rent above the average market rental price. €60 probably isnt pushing much beyond the average if what you are paying currently is reasonable, however if you are already paying a high price then they dont have much/any room to increase.


    I think people dont really understand this. If its the average then there will be places which are priced higher and lower to get to this average. Therefore the landlord can raise the rent above the average. And they can even go higher again, otherwise rent would never ever go up. This rule is only there to stop landlords taking the piss. It cant stop then raising rents as some people seem to think.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    MMAGirl wrote: »
    I think people dont really understand this. If its the average then there will be places which are priced higher and lower to get to this average. Therefore the landlord can raise the rent above the average. And they can even go higher again, otherwise rent would never ever go up. This rule is only there to stop landlords taking the piss. It cant stop then raising rents as some people seem to think.

    Read the rest of what I said. If the rent that the OP is paying is about average then the rent increase is probably fair by this law. However if the OP is paying the upper end of the market rental rate already (ie more than the average) then this increase could tip it into the realm of beyond the average market rental rate.


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  • Registered Users, Registered Users 2 Posts: 484 ✭✭MMAGirl


    djimi wrote: »
    Read the rest of what I said. If the rent that the OP is paying is about average then the rent increase is probably fair by this law. However if the OP is paying the upper end of the market rental rate already (ie more than the average) then this increase could tip it into the realm of beyond the average market rental rate.

    Landlords can easily justify increases. All they have to say is that their place is better quality than the other ones advertised. In a rising market the ceiling will be broken or rents can never rise.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    gaius c wrote: »
    Also, it's tax deductable for him but won't be for you when you buy your own place.

    A) The property tax is not tax deductable.
    B) Yes, its only due for a half year in 2013
    C) The full NPPR is also due for 2013- so its a form of double taxation
    D) The NPPR is *not* tax deductable
    E) After the last budget they are now also paying PRSI on the gross rental income

    So- the landlord's NET rental income after deductions and tax- is significantly lower for 2013- purely as a result of increased taxation, though its probable their other costs of ownership have also increased.

    According to the DAFT surveys- rent is going up nationally, but most noticeably in the cities- and far faster for houses than for apartments/townhouses.

    Is the increase in rent justifiable? It depends entirely on what is happening in the local market- if, as the OP suggests, rents, or rents sought, are increasing by a similar amount, or more, locally- then it probably is justified. If the OP is unhappy paying this- then their option is to give notice, and move.


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    smccarrick wrote: »
    D) The NPPR is tax deductable
    I wish...
    Revenue and the Department of Finance have indicated that the payment of the NPPR charge for residential properties is not an allowable expense in computing taxable rental income as it is not included on the list of allowable items.
    http://taxinstitute.ie/AboutTax/PublicInformation/NonPrincipalPrivateResidenceChargeNPPR.aspx

    Some LLs put it down as a levy, not rent, in a separate contract. The legality of this is not clear to me. I don't include it and just suck it up. It's a total crock of sh!t though...it's clearly an expense related to providing the property for rent and should be explicitly allowed.


  • Registered Users, Registered Users 2 Posts: 579 ✭✭✭dasa29


    From reading this thread i think people are right in the fact that landlords are looking to put up rents, due to rising costs.

    Ie, PRSI(if they don't pay it already), NPPR, Property tax(half year 2013).

    But that's just for 2013, for 2014 they only have Prsi and the full year Property tax to pay.

    "the NPPR will cease with effect from 1 January 2014. Outstanding charges will be collected through the LPT system." Quote from Citizens information website.


  • Registered Users, Registered Users 2 Posts: 484 ✭✭MMAGirl


    Its really none of anyones business why a landlord puts up the rent. They dont need to give a reason.
    I'm sure they will put them up as high as they possibly can. Obviously if they go too high people will move out and they wont be able to replace them. But thats the landlords problem then.
    If people stay or its easy to get new tenants then they havent reached the ceiling with their increases.

    Like any business, maximizing profits is completely normal business practise.


  • Closed Accounts Posts: 89 ✭✭Barracuda1


    Maximus_1 wrote: »
    Thanks for the replies folks. Its pretty rural (no shop for 4 miles for example) and nearest big town 20. A guy in the same estate was looking for €600 for his house, it was vacant for quite a few months so I'm guessing he had to sup on a dose of reality.

    He would do well I'd say to find a replacement in a month, I know this, and he knows that I know this. His logic is that his costs have gone up and that its a well finished house etc but my opinion is that its not really my problem, he choose to be a landlord, there are costs involved which fluctuate etc.

    On the plus side he is generally sound and prompt with any issues we've had which have been few. Easy to deal with. We like living there and moving is hassle. Bit of a game of chicken I guess.

    Not sure I want to go down the appeal route if I can avoid it at all, I like a quiet life whoever I'm not going paying what hes asking either, dont think its warranted. Suppose my main reason for posting was to test the water as to what people are seeing with rents are the property tax was introduced which is the main justification hes using.

    He is looking for 8 1/3% increase in rent when rents are going up by 3 to 3.5 in the Dublin area. You could haggle for 3% increase if he is a good landlord and he keeps the place in tip top condition.


  • Banned (with Prison Access) Posts: 91 ✭✭TheOldHand


    MMAGirl wrote: »
    Its really none of anyones business why a landlord puts up the rent. They dont need to give a reason.
    I'm sure they will put them up as high as they possibly can. Obviously if they go too high people will move out and they wont be able to replace them. But thats the landlords problem then.
    If people stay or its easy to get new tenants then they havent reached the ceiling with their increases.

    Like any business, maximizing profits is completely normal business practise.

    More awful advice. This is not any normal business as you are dealing with peoples homes and there is legislation to protect them. A landlord cannot increase rent beyond market rates. They PRTB have previously stated that costs are irrelevant to the definition of market rents.

    As the OP is the in the middle of nowhere the landlord is being incredibly stupid trying to raise rents on a paying tenant. The likelihood is that they will find nobody to replace them and would have to cut their rents. The past few years have seen serious demographic changes in rural areas and the number of non welfare tenants is few and far between. If it were me, I'd be looking for a €50 reduction.


  • Registered Users, Registered Users 2 Posts: 484 ✭✭MMAGirl


    TheOldHand wrote: »
    More awful advice. This is not any normal business as you are dealing with peoples homes and there is legislation to protect them. A landlord cannot increase rent beyond market rates. They PRTB have previously stated that costs are irrelevant to the definition of market rents.

    As the OP is the in the middle of nowhere the landlord is being incredibly stupid trying to raise rents on a paying tenant. The likelihood is that they will find nobody to replace them and would have to cut their rents. The past few years have seen serious demographic changes in rural areas and the number of non welfare tenants is few and far between. If it were me, I'd be looking for a €50 reduction.


    whatever you say :rolleyes:


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    TheOldHand wrote: »
    More awful advice. This is not any normal business as you are dealing with peoples homes and there is legislation to protect them. A landlord cannot increase rent beyond market rates. They PRTB have previously stated that costs are irrelevant to the definition of market rents.
    MMAGirl has a point: define market rate under the current legislation! It's incredibly vague. A property could be of a higher spec than neighbouring ones and the LL could quite reasonably argue that his property does fall within average market rates for that type of property,

    I would favour better implementation of defining market rates, with districts having their average rent per m² officially published by the state. This would then be binding and tenants and landlords would know where they stand. Landlords would be free however to ask for whatever they want when commencing a new tenancy...only rent increases for existing tenancies would be governed by these official rates.

    This stuff would be hard to implement without post codes defining area boundaries well. Currently it would be quite difficult IMO.


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  • Registered Users, Registered Users 2 Posts: 484 ✭✭MMAGirl


    murphaph wrote: »
    MMAGirl has a point: define market rate under the current legislation! It's incredibly vague. A property could be of a higher spec than neighbouring ones and the LL could quite reasonably argue that his property does fall within average market rates for that type of property,

    I would favour better implementation of defining market rates, with districts having their average rent per m² officially published by the state. This would then be binding and tenants and landlords would know where they stand. Landlords would be free however to ask for whatever they want when commencing a new tenancy...only rent increases for existing tenancies would be governed by these official rates.

    This stuff would be hard to implement without post codes defining area boundaries well. Currently it would be quite difficult IMO.


    I dont think that would work. Imagine 2 apartments exactly the same size in the same building. One has rats and the other is finished to an extremely high standard.
    They are clearly in different markets, even though they are in the same place.


  • Banned (with Prison Access) Posts: 91 ✭✭TheOldHand


    Its pretty easy to define. The PRTB will accept the rent you paid on the day your tenancy began as market rate. The movement in rental prices from that date will serve as the best guide to market rent.


  • Registered Users, Registered Users 2 Posts: 484 ✭✭MMAGirl


    TheOldHand wrote: »
    Its pretty easy to define. The PRTB will accept the rent you paid on the day your tenancy began as market rate. The movement in rental prices from that date will serve as the best guide to market rent.

    Think about what you have just said there.
    Just like in the other thread where you are being told you have a problem with comprehending a situation, here you are doing the very same thing.


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    TheOldHand wrote: »
    Its pretty easy to define. The PRTB will accept the rent you paid on the day your tenancy began as market rate. The movement in rental prices from that date will serve as the best guide to market rent.

    in your opinion. There is nothing that defines this. So essentially your wrong.


  • Banned (with Prison Access) Posts: 91 ✭✭TheOldHand


    D3PO wrote: »
    in your opinion. There is nothing that defines this. So essentially your wrong.

    Its also the opinion of at least one PRTB adjudicator. Their opinion matters a lot more than yours.


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    TheOldHand wrote: »
    Its also the opinion of at least one PRTB adjudicator. Their opinion matters a lot more than yours.

    show me....

    the movement of market rates is completly subjective. So how you think there is a definitive market rate is beyond me. I can point you to PRTB tribunals where different EA's on each side have had very differing views on the market rate.


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  • Banned (with Prison Access) Posts: 91 ✭✭TheOldHand


    D3PO wrote: »
    show me....

    the movement of market rates is completly subjective. So how you think there is a definitive market rate is beyond me. I can point you to PRTB tribunals where different EA's in on each side ahve had very differing views on the market rate.

    CSO run a rental price index and the DAFT also have a fairly comprehensive index. These would not be considered subjective measures. They are without their problems but in there is nothing else comparable. A few daft ads are not worth much.

    Will I show you a relevant PRTB tribunal? Nah, not worth it.


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    TheOldHand wrote: »
    Will I show you a relevant PRTB tribunal? Nah, not worth it.

    no problems you keep posting spurious stuff on here like your the definitive expert on irish rentals. we will continue to laugh at you :rolleyes:


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Watch it.
    Any more tit-for-tat point scoring against one another- and you are going on holiday from this forum. Consider this as the one and only warning.

    Regards,

    SMcCarrick


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    MMAGirl wrote: »
    I dont think that would work. Imagine 2 apartments exactly the same size in the same building. One has rats and the other is finished to an extremely high standard.
    They are clearly in different markets, even though they are in the same place.
    But the average price per m² in a given postcode would still be valid. Landlords would be free to kit out to a very high spec and then let at well above the average, but they wouldn't be able to increase the rent more than a fixed % in a given time frame (in Germany it's 20% in any three year period).


  • Registered Users, Registered Users 2 Posts: 194 ✭✭Maximus_1


    Quite a bit of debate this thread has thrown up I see! Thanks to all for opinions and feedback etc. To update I was back in touch with the landlord today and it ended up in a stand off of sorts! I didn't budge a cent as I basically told him it's not the market value of the house IMO at the same time I said I understood he had his costs and if he thought he could get 560 he was welcome to try. His basic argument is that his is v nicely finished (which it is), aswell as costs rising. Also, that previous tenants were paying more than us. It ended with me not blinking and LL saying he'd have to sleep on it but that he needs 560 to cover his costs, said he couldn't even negotiate which surprised me. Costs yes increased but its not my problem to pay them, such is life as a landlord I basically said. Had a look on daft and he is dreaming with 560 I think so I hope hes going to come to senses. I like the guy and hes a good LL in general so hopefully he'll come around.


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  • Banned (with Prison Access) Posts: 91 ✭✭TheOldHand


    Send him on this link.

    http://public.prtb.ie/2011%20Disputes/Tribunals%202011/TR24.DR920.2011/Tribunal%20Report.pdf
    6.4 Finding:
    We find that the Respondent Landlord’s reasons as stated in TS 77andTS 25 to
    increase the rent were based on an expectation and belief that the rent should cover his
    running costs of the dwelling.
    This matter cannot be taken into account by the
    Tribunal when calculating the market rent.

    Reasons:
    1. S. 120(1) of the Act states “If the dispute being dealt with by the Tribunal
    relates to the amount of the rent that ought to be set under a tenancy at a particular
    time ........ the circumstances, financial or otherwise, of the landlord may not be taken
    into consideration by the Tribunal in determining the dispute”.
    2. In setting, at any particular time, the rent under the tenancy of a dwelling, an
    amount of rent shall not be provided for that is greater than the amount of the market
    rent for that tenancy at that time.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0120.html#sec120


  • Registered Users, Registered Users 2 Posts: 3,528 ✭✭✭gaius c


    smccarrick wrote: »
    A) The property tax is not tax deductable.
    B) Yes, its only due for a half year in 2013
    C) The full NPPR is also due for 2013- so its a form of double taxation
    D) The NPPR is *not* tax deductable
    E) After the last budget they are now also paying PRSI on the gross rental income

    So- the landlord's NET rental income after deductions and tax- is significantly lower for 2013- purely as a result of increased taxation, though its probable their other costs of ownership have also increased.

    According to the DAFT surveys- rent is going up nationally, but most noticeably in the cities- and far faster for houses than for apartments/townhouses.

    Is the increase in rent justifiable? It depends entirely on what is happening in the local market- if, as the OP suggests, rents, or rents sought, are increasing by a similar amount, or more, locally- then it probably is justified. If the OP is unhappy paying this- then their option is to give notice, and move.

    You or Baldy Noonan, who shall I believe? I like you more and him less but seeing as he's doing the legislation...
    But Finance Minister Michael Noonan has confirmed the property tax may be treated differently. He said he intends to amend the new legislation to allow the tax to be treated as an expense for landlords.
    Link


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Ok- so currently, as the law stands, it is not permissable to deduct the property tax as an expense before determination of taxable income when letting residential property. Baldy Noonan, has proposed to amend the current legislation, or introduce new legislation, to enable it be deducted as an allowable expense before determination of taxable income in future.


  • Registered Users, Registered Users 2 Posts: 9 MelSA


    Maximus_1 wrote: »
    Hi there fellow boarders,

    I am nearing the end of a 12 month lease in a nice house where I live with my wife and baby son, its a rural village in the west and we are happy there. We currently are house hunting but wont be in a position to buy for at least 6 months and maybe more depending on how the market looks then, I'm not in a huge hurry just saving hard and talking to some banks re what we'd get approved for.

    Anyway, rent is currently €500 and we have paid it without fuss for the year, model tenants and landlord knows that. Rang him to discuss extending lease by 6 months with a view to a possible 6 more. He is happy with that but wants an increase in rent to €560 to cover the rising costs of being a landlord, we all know what they are. We are obviously against this whilst don't want the hassle of having to move for what may only be 6 months.

    Is this a trend people are seeing due to stuff like property tax, passing it onto tenants where possible. I have said to him we will think about it but obviously no way I am paying that increase to be honest. Its a nice house and all but its in the sticks! (just where I like it!)

    Hi, you might be legible for rent relief.

    Here is a link from revenue, and can claim back 4years :)

    http://www.revenue.ie/en/tax/it/forms/rent1.pdf.

    Yes, do not pay full increase, negotiate first .... Good luck :)


  • Registered Users, Registered Users 2 Posts: 194 ✭✭Maximus_1


    So heres an update, this morning we settled on a compromised figure of a €20 increase. I'm happy enough to agree on that and move on, I can afford it. For the sake of a few bob its not worth haggling any more over. I told him his property tax would cost him €162 max this year as its only half of €315 (depends of course what the value is set at), last week he was throwing figures of 6 or 800 around which I knew to be totally inaccurate.

    It would cost me about €120 (paying to get postal address changed plus a van for moving) plus a full weekend and more of hassle to move so when I factor these in I'm happy to get it put to bed. Plus the missus was getting a bit stressed at all the uncertainty, what price a quiet life!? I realise I could have probably fought it harder if I wanted but I didn't because everything else to do with the landlord and house is 100%.

    Appreciate all the feedback and comment and hopefully some of the good advice will help others out in a similar situation as I'm sure with the rising costs of owning a property I wont be the only one in this boat! Back now to concentrating on savings and hopefully picking ourselves up a little place of our own later in the year :)


  • Registered Users, Registered Users 2 Posts: 194 ✭✭Maximus_1


    oh and MelSA, thanks for that, yes we are already claiming rent relief.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Thats a good outcome. Glad to see the situation got resolved with everyone happy and no falling out!


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Maximus_1 wrote: »
    So heres an update, this morning we settled on a compromised figure of a €20 increase. I'm happy enough to agree on that and move on, I can afford it. For the sake of a few bob its not worth haggling any more over. I told him his property tax would cost him €162 max this year as its only half of €315 (depends of course what the value is set at), last week he was throwing figures of 6 or 800 around which I knew to be totally inaccurate.

    It would cost me about €120 (paying to get postal address changed plus a van for moving) plus a full weekend and more of hassle to move so when I factor these in I'm happy to get it put to bed. Plus the missus was getting a bit stressed at all the uncertainty, what price a quiet life!? I realise I could have probably fought it harder if I wanted but I didn't because everything else to do with the landlord and house is 100%.

    Appreciate all the feedback and comment and hopefully some of the good advice will help others out in a similar situation as I'm sure with the rising costs of owning a property I wont be the only one in this boat! Back now to concentrating on savings and hopefully picking ourselves up a little place of our own later in the year :)

    common sense prevailed. Thanks for the update


  • Banned (with Prison Access) Posts: 91 ✭✭TheOldHand


    I'd expect the relationship to sour now that the landlord knows you are a doormat that will avoid conflict at all costs.


  • Registered Users, Registered Users 2 Posts: 194 ✭✭Maximus_1


    Haha, a doormat you reckon? And what would you have done? Cause a needless row over a few quid when there was no need, stress out my wife more and possibly end up moving after it all with all the hassle that entails?

    He was looking for much more than €20 and I flat out refused, he came to his senses and I was happy enough to pay the €20 (it would cost me more financially and in time to move for 6 months).

    Appears you are one of those people that likes to call in the law wherever possible, we now live in a society where people like to get litigious and cause needless agro over many pointless things, going to the PRTB over €20 a month for 6 months? You really reckon a compromise where both parties are happy enough isnt the best outcome here?

    Unlike yourself OldHand I have a good rapport with most people I deal with a find out getting on with them is generally the best way wherever possible, this is one of those situations. A doormat however, I aint.


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