Landlord raising rent

flytrap

D3PO wrote: »

So many wrong comments in this thread especially from Threshold who quite frankly don't have a clue what they are taking about half the time which is shocking given their position in the Irish rental market.

OP the landlord does not have to issue you notice if you don't agree to the rent increase. The landlord can take a case against you to the PRTB. In the meantime you will continue paying your current rental rate. If the PRTB find in his favour you will owe him the difference for that period of time

(And the PRTB will not take your case in 28 days or anything close to it as you insinuated in your last post)

Your options are therefore

a) Renegotiate the increase with the landlord

b) Raise a dispute with the PRTB regarding the rate increase and be bound by their decision if they find against you.

c) Hand in the appropriate notice as per your part 4 tenure, (I'm not sure but would suggest that continuing to pay the current rent during that notice period would be sufficient)

Just refusing to pay it and expecting the landlord to then provide you with notice to vacate is wrong advice.

Thanks for that.

So, let's take this scenario:

Landlord increases rent say by 150€ and it's over market rate.
We say we can't afford the increase.
He asks for the increase and PRTB says he is justified in asking for it.

BUT...
We can't afford the increase.

What happens?

If we don't give our notice then surely it's back on him to give us notice to vacate GIVEN that we haven't agreed to the new increase, and hence the 16 weeks notice?

You say he can take a case against me for the increased rent, but I don't agree to it. So, is it a way to force me to give my notice rather than him issue us notice?

I could see his notice saying something along the lines of "Notice due to new increase in rent which you are not able to pay" which is absolutely fine, but he would have then issued us the notice, not us giving the notice.

So, I'm curious to know who is liable to issue the notice, IF we cannot afford the new increased rent?

One could argue "Move out if you cant afford it". Sure, but I could argue "Give me my notice to move out then"... or you could argue "You give notice" etc...

I'm curious to how this would pan out.

djimi

I *think* you not agreeing to a rent increase means that you are effectively giving your termination notice. Im not sure the exact sequence of events, but basically if a landlord is proposing a justifiable rent increase your two options are either accept it or leave.

odds_on

flytrap wrote: »

Thanks for that.

So, let's take this scenario:

Landlord increases rent say by 150€ and it's over market rate.
We say we can't afford the increase.
He asks for the increase and PRTB says he is justified in asking for it.

BUT...
We can't afford the increase.

What happens?

If we don't give our notice then surely it's back on him to give us notice to vacate GIVEN that we haven't agreed to the new increase, and hence the 16 weeks notice?

You say he can take a case against me for the increased rent, but I don't agree to it. So, is it a way to force me to give my notice rather than him issue us notice?

I could see his notice saying something along the lines of "Notice due to new increase in rent which you are not able to pay" which is absolutely fine, but he would have then issued us the notice, not us giving the notice.

So, I'm curious to know who is liable to issue the notice, IF we cannot afford the new increased rent?

One could argue "Move out if you cant afford it". Sure, but I could argue "Give me my notice to move out then"... or you could argue "You give notice" etc...

I'm curious to how this would pan out.

A landlord is restricted by law as to when and why he may serve a valid notice of termination. A tenant may serve a NoT any time, during a Part 4 tenancy and does not have to state a reason.

As regards the notice period, no agreement to a shorter notice period than that set out in the RTA 2004, may be in any contract. However, immediately prior to or after a NoT, an mutual agreement may be made between landlord and tenant - if it is in both their interests that the tenant can vacate in a shorter period that can be done.

A tenant not wanting to pay an increase in rent (and therefore wishing to vacate) could serve his NoT of, say 56 days (i.e. the maximum notice period for a tenant) and a landlord wishing to have the increased rent as soon as possible, can mutually agree to what ever period suits them.

D3PO

flytrap wrote: »

Thanks for that.

So, let's take this scenario:

Landlord increases rent say by 150€ and it's over market rate.
We say we can't afford the increase.
He asks for the increase and PRTB says he is justified in asking for it.

If the PRTB agree with him then its not over the market rate.

BUT...
We can't afford the increase.

What happens?

If we don't give our notice then surely it's back on him to give us notice to vacate GIVEN that we haven't agreed to the new increase, and hence the 16 weeks notice?

He cannot give you notice to vacate under part 4 due to a dispute over a rental increase. The RTA 2004 sets out very specific paramaters whereby he can give you notice. This is not one of them.

If you don't pay the increase, then he can start eviction proceedings beginning with providing you notice to pay your arrears within 14 days. If you fail to pay he can then go to the next stage of eviction proceedings.

Once evicted that doesn't discharge you from any outstanding rent however, so he could chase you legally for it. Its unlikely but legally he could.

You say he can take a case against me for the increased rent, but I don't agree to it. So, is it a way to force me to give my notice rather than him issue us notice?

No its not a way to get you to give notice. He's a businessman he runs a business. If your not happy with the rent then move out that's your prerogative he's not running a charity.

I could see his notice saying something along the lines of "Notice due to new increase in rent which you are not able to pay" which is absolutely fine, but he would have then issued us the notice, not us giving the notice.

Like I said earlier he cannot legally give you notice for this reason.

So, I'm curious to know who is liable to issue the notice, IF we cannot afford the new increased rent?

You are.

One could argue "Move out if you cant afford it". Sure, but I could argue "Give me my notice to move out then"... or you could argue "You give notice" etc...

I'm curious to how this would pan out.

Ive explained this above. He cannot legally issue you notice for this. If you cant afford it you need to give notice.

answers above

Kosseegan

flytrap wrote: »

Thanks for that.

So, let's take this scenario:

Landlord increases rent say by 150€ and it's over market rate.
We say we can't afford the increase.
He asks for the increase and PRTB says he is justified in asking for it.

BUT...
We can't afford the increase.

What happens?

If you don't pay the new higher rent, the PRTB having upheld the landlord, the landlord will serve you a notice of breach of condition and notice of rent arrears. Failure to pay the arrears means he can issue a notice of termination. In that scenario only 28 days need be given in the notice of termination.

JoeCole26

Hi,

In a similar situation, kinda. Been in a 2 bedroom apartment in Sandyford for 11 months now and our lease is up Jan 31st. Just got a letter in the post (5 days before Xmas) that the rent will be increasing from €1,200 to €1,350 pm. B@stards, was just getting settled aswell.

Im guessing this is the going rate? so not much i can do. Im pretty certain the whole apartment block is owned by NAMA aswell, which is even more annoying (but thats for another day)

djimi

Have a look on Daft and see what similar properties are going for in the area. Basically the increase is justifiable if the landlord would get the increased amount should they put the property back on the market.

The_Conductor

If you're disputing the proposed increase in rent- just remember you have to lodge your dispute before the due date for the increase.........