Problems with new lease

lubicka

Hi, I would like to kindly ask you for help with our situation. We`ve lived in our rented house for 3 years now. Our lease is about to expire (30.11) and today we got the new one in post. Now, they`re asking us to pay 100e more in rent, plus they want us to pay 100e extra depozit. Nothing new was brought to the house in those 3 years. And in one article in the lease it says this: Under lease tenancy laws the tenant is required to give at least 28 days written notice, or the appropriate notice period as set out by the private residential tenancy board, of their intention to leave the premises on: termination of the lease, before the lease has ended or if the lease has expired, and the lease is on a month by month basis. The tenant will be liable for rent until a new tenant is found and subject to the cost of re-advertising, re-registration and an administration fee.
I want to make sure, I got this right, it means, even if the lease expires, we give 28 days notice, if we sign this, we will be eligible to pay the rent until they find new tenant plus the extra costs with advertising?
If this is so, do we have the right to refuse to sign this lease? And if we refuse, what are our rights, how long can we stay here? We want to stay, just don`t want to pay the extra depozit, because we don`t understand why, and we don`t want to sign this lease because of the last article. Last lease we signed with them didn`t have these conditions. Can we ask them for a new lease? I don`t know if this is important,we have 2 children (5y and 18 months). thank you very much

djimi

The landlord is perfectly entitled to seek a rent review at the end of the 12 month lease (provided the new rent is in line with what similar properties in the area are renting for), but Im not about the extra deposit. Unless your circumstances have changed (ie you have gotten a dog or something) then I dont think they have any grounds to expect you to pay an increased deposit.

The terms of the lease are confusing; allowing you to terminate with 28 days notice and then saying that you are liable to pay rent until a new tenant is found doesnt really make a lot of sense. Its as if they are taking a mish mash of terms from the RTA and trying to form a lease based on it, but without really knowing what they are at.

Basically if the lease has expired then you need to give notice as per the part 4 tenancy. Provided you see out the notice period then you are not expected to pay any futher rent when you vacate.

Normally speaking under a fixed term lease there is no notice period and the only way that you can legally terminate is if you reassign the lease to another party or if there is a break clause in the lease. The line allowing you to terminate with 28 days notice would constitute a break clause, however the next line contradicts this.

It might be worth getting in contact with Threshold and getting them to look over the lease for a second opinion. You do not need to sign this lease (or any lease), and to be honest its probably better that you dont. Under the part 4 tenancy you can remain in the property for up to 4 years without requiring a signed lease.

_Kaiser_

Agree with djimi above. You're under no obligation to sign anything at this point if you don't want to.

Your LL is entitled to review the rent but I've never heard of an increased deposit being looked for at the same time.

If you're happy to stay in the place and can afford the increased rent then I'd tell them you'll give them that but not the deposit and that you won't be signing the new lease either as you are exercising your Part 4 Tenancy rights.

mathepac

More useful info here --> http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

lubicka

thanks very much, I`ve already sent a copy of the lease to treshold, I thought it is a bit weird, so now we`re waiting for someone from the agency to come over to talk about it, we`re not signing at the moment. also, with the lease came a letter saying if we don`t post the signed lease within 7 days of receiving it, we will pay a fee of 40e???

djimi

Tell them in no uncertain terms where to shove their €40! Cheeky bastards.

fl4pj4ck

report the 40e penalty threat to PRTB

lubicka

I can`t wait for the agent to come, he said, that he has no time this week, he`ll see us next week, still don`t know when exactly, I think he`s just trying to kill time. also, when i texted him, that we were supposed to get a written notice about the rent being increased, (we only got a text saying that a new lease is posted to us with increased rent) he said that that text was a notice....... and about the rent, we`re not happy about the increase either, I think it`s too much for this house, I hope we can get it down at least by 50

djimi

A text is sufficient provided it is correctly worded. It must state the increased amount and the time that the rent increase will take effect from (28 days from date of notice). If it is just a vague "we are going to increase the rent" then it is not valid, and you do not have to accept it as a written notice of rent increase.

Like I said, do not sign this new lease if you are not happy with any aspect of it. Legally you do not have to, and the agent saying things like you will be charged €40 if you dont sign it is not legal and could get them in trouble if you were to pursue it.

If you dont feel that the increase is fair then you have the right to contest it with the PRTB. You can continue to pay the current rate while you wait for the case to be heard (likely months from now), but if they find against you then you will have to pay the difference backdated from the time of the notice of increase. The increased rent must fall within the market rent rate for your area, meaning the rent that a landlord could expect to get for the property from new tenants should they put it back on the market. Its hard to say that €100 is in excess of this; a lot depends on the rental market in your area and what you are paying currently.

Your best bet might be to try and negotiate a lower increase in exchange for a signed lease. But just remember, under no circumstances do you have to sign that lease, and under no circumstances can the agent/landlord impose any penalties upon you (financial or otherwise) if you dont.

lubicka

thanks djimi, currently we`re paying 1350e for a 4bedroom house, it`s in kilnamanagh, the rent was the same for the last 3 years. I checked other houses in this area and nobody is asking 1450 for this kind of house. if they are, it has more bathrooms, alarm or is brand new and bigger. and they`re claiming that it is worth 1550 so I`m afraid they will want to put it up in a year again..... also we didn`t get a decrease in rent when the market went down.

djimi

If similar properties are not renting for 1450 then its fair to say that the landlord probably would not get their 100 increase if they were to put the property on the market. Its hard to say though without seeing the property and knowing the demand in your area.

odds_on

It should be pointed out to you that if you avail of your Part 4 rights and don't sign a new fixed term lease, you will be less secure in the house, as the landlord may evict you using one or more of six reasons - two of which are if he intends to sell the house within the next following months, or if he wants the house for his own use.

In principle, at the end of a fixed term lease, if a tenant wishes to leave, he does not have to give any notice (though it is polite to do so).

The clause in the new lease stating that you must give 28 days notice if you leave, is invalid. Under Part 4 laws, as you have been in the house for more than 2 years, but less than 4 years, you would have to give 56 days notice and the landlord would have to give you 56 days notice if you have been in the house for less than 3 years and 84 days notice if you have been in the house for more than 3 years. All this is correct if you do not sign a new lease. You are also entitled to your deposit (less any damage, etc.).

The tenant will be liable for rent until a new tenant is found and subject to the cost of re-advertising, re-registration and an administration fee.

This clause of the lease agreement is only applicable to a fixed term lease and if you leave without finding a new tenant - it is called an assignment. If you leave without finding a new tenant then the clause is basically correct.