Rent increase, notice period rent amount

u60gypx5jakoti

My landlord wants to increase our rent to market rate. I`m in the property >3 years so we`re in Part 4 tenancy now.
He sent me a letter stating the following:

"...We would suggest that from next month, February, the rent should increase to the sum of €1,150.00 per month and if this is not agreeable, you might let us know and we will have to make alternative arrangements..."

He sent the letter exactly 28 days before our typical rent payment date in February.

I have two questions:
1. Since he didn`t specify an exact date for the increase in his letter, is his request valid? (According to the Residential Tenancies Act 2004, Section 22(2) the letter should state an exact date and an exact amount.)
Threshold was`nt sure of this when I called them. :rolleyes:

2. If his request is valid, and I give my obliged 8 weeks notice (as I can`t afford the increased rate) am I liable to pay the increased rate for the 8 weeks notice period or just the current rent rate?
Threshold was`nt sure of this when I called them. :rolleyes:

Re: appealing the rent increase to the PRTB, I won`t dispute the amount he has suggested as according to data, the figure is market rate, so I would lose an appeal and thus be liable.
However , I have checked online and it appears we`re not registered with the PRTB - Does this come into play?

Thanks for any helpful advice.

Bigcheeze

Is it possible for you to pay some of the proposed increase and negotiate with the landlord a number you can afford?

The tone of the letter sounds like they're open to discussing it.

It's likely to be a better outcome than looking for legal technicalities.

u60gypx5jakoti

I was planning on moving anyway at some point in the near future so this would only hasten my move.
I can`t afford any increase as finances are already tight.

djimi

Ordinarily Id say that a date must be specified, but the way that is wording implies that it will take effect as of the next due rent, and if that is 28 days or more away then I suspect that may be okay.

If you give notice now then the increase still takes effect as per the notice, so you would have to pay the increased amount. This of course may be negotiable.

Compliance with PRTB registration would make no difference. You would take the case, not the landlord. If they rule against you then it would be binding.

It does sound a rather loosely worded letter though, and it sounds like the landlord is open to discussion at least.

u60gypx5jakoti

It seems strange that I`d have to pay the higher amount of rent during my notice period if I give notice because I couldn`t afford it in the first place. Surely that`s not right is it?

D3PO

if you refuse the new rent increase and hand in notice then you are not libel for the increased rent during the period of notice

Giblet

djimi wrote: »

Ordinarily Id say that a date must be specified, but the way that is wording implies that it will take effect as of the next due rent, and if that is 28 days or more away then I suspect that may be okay.

If you give notice now then the increase still takes effect as per the notice, so you would have to pay the increased amount. This of course may be negotiable.

Compliance with PRTB registration would make no difference. You would take the case, not the landlord. If they rule against you then it would be binding.

It does sound a rather loosely worded letter though, and it sounds like the landlord is open to discussion at least.

This is wrong, and I've seen you say this before. You absolutely do not have to pay, you can lodge a dispute and give your notice if you wish.

http://www.threshold.ie/advice/tenancy-issues/rent-reviews/

If you wish to challenge the review you must refer a dispute to the PRTB within 28 days and continue paying the current rent until the PRTB issue a Determination Order.

odds_on

Chance Ugly Price wrote: »

My landlord wants to increase our rent to market rate. I`m in the property >3 years so we`re in Part 4 tenancy now.
He sent me a letter stating the following:

"...We would suggest that from next month, February, the rent should increase to the sum of €1,150.00 per month and if this is not agreeable, you might let us know and we will have to make alternative arrangements..."

He sent the letter exactly 28 days before our typical rent payment date in February.

I have two questions:
1. Since he didn`t specify an exact date for the increase in his letter, is his request valid? (According to the Residential Tenancies Act 2004, Section 22(2) the letter should state an exact date and an exact amount.)
Threshold was`nt sure of this when I called them. :rolleyes:

2. If his request is valid, and I give my obliged 8 weeks notice (as I can`t afford the increased rate) am I liable to pay the increased rate for the 8 weeks notice period or just the current rent rate?
Threshold was`nt sure of this when I called them. :rolleyes:

Re: appealing the rent increase to the PRTB, I won`t dispute the amount he has suggested as according to data, the figure is market rate, so I would lose an appeal and thus be liable.
However , I have checked online and it appears we`re not registered with the PRTB - Does this come into play?

Thanks for any helpful advice.

Section 22 (2) of the RTA 2004 does not state that there must be an exact date - it says the date from which the new rent applies. IMHO, that would obviously be the rent payment date in February.

As previous posters have suggested, the landlord seems to be open to suggestions as regards the rent. However, if it is your intention to leave shortly, as you have correctly said, you have to give 8 weeks notice.

However, if you are unable to pay the increased rate, I am sure the landlord would agree to a shorter notice period, for example, if you found another property in the next few weeks, the landlord would not hold you to the 56 days notice. The notice periods given in the RTA 2004 may, by mutual agreement be shorter (or longer).

Unfortunately, properties in the capital are getting more and more expensive due to the demand so you may have difficulty finding something suitable, having regard to location, travel facilities and within your budget.

the world wonders

D3PO wrote: »

if you refuse the new rent increase and hand in notice then you are not libel for the increased rent during the period of notice

Do you have a source for this?

Giblet wrote:

This is wrong, and I've seen you say this before. You absolutely do not have to pay, you can lodge a dispute and give your notice if you wish.

http://www.threshold.ie/advice/tenancy-issues/rent-reviews/

According to the OP the increased rent is in line with the market rate so they have no grounds to lodge a dispute. Complaining to the PRTB in bad faith purely to avoid paying the increase during your notice period is the sort of thing that delays the dispute resolution system for everyone...

djimi

Giblet wrote: »

This is wrong, and I've seen you say this before. You absolutely do not have to pay, you can lodge a dispute and give your notice if you wish.

http://www.threshold.ie/advice/tenancy-issues/rent-reviews/

If you lodge a dispute. You can accept the increase as being legal and give notice if you do not wish to remain in the property, and in this case no PRTB disput would be necesssary. I could be wrong, Im fairly that there is no provision to compel the landlord to retract the notice of increase where this situation arises.

u60gypx5jakoti

Thanks for the replies.
Still seems a bit unfair that I`d be liable for increased rent during notice period even if I gave notice due to not being able to afford it. I`ll have a word with landlord and see what he says.

sawdoubters

http://www.citizensinformation.ie/en/housing/renting_a_home/rent_increases.html