Part 4 being denied by agent

tylerdylan

Hi all
Guess I need to rant. In a rented house for past 2 years lease up in 5 days
Got a call from letting agent yesterday to say the rent is being increased by €50 a 15% increase?
I said I was entitled to 28 days written notice to which she replied I wasn't and that she had tried to call several times.she hadn't thanks to modern technology of mobiles getting a missed call text :rolleyes:

I rang back today to accept the rent increase and she said she will send the new lease out I said no I will be staying with part 4. She said no I can't I have to sign a lease I said no. And in my head thought omg am I wrong.
She then got her husband on the phone who is the official agent and he said I was to stop being so smart and he was the letting agent and if I didn't sign a new lease I was getting kicked out. I asked was he familiar with part 4 he said no but didn't matter as he was the agent and said I either sign or he was serving me notice to get out and promptly hung up!

Where I live his letting agency had the majority of properties and they are all the same price. While I felt the increase was a little unfair getting hung up and made to feel like that was a bit mean on his part
Any thoughts advice guys.
I've been a model tenant for 2 years never missed a rent day ever
Cheers

The_Morrigan

Contact these guys http://www.npsra.ie/website/npsra/npsraweb.nsf/page/index-en and make an official compliant about the agent.

foggy_lad

Contact the PRTB for advice, tell them this cowboy has threatened to illegally evict you and has also failed to give correct notice of a rent increase. and keep records and notes of all contact with the agent.

You can also report this cowboy to the regulatory body for property agents The property Services Regulatory Authority.

tylerdylan

Cheers guys
Great advice and links
Will get onto them

Phil_Lives

I just noticed that you are in Longford. Your landlord appears to think that the Dublin Rental contaigon has spread beyond the pale.
I think you should refuse the rent increase and go hunt for better accommodation with a better landlord. You certainly won't have problems finding rental property in Longford.

L1011

Send the agent a copy of the Residential Tenancies Act, inform them of the serious ramifications of an illegal eviction and report them to the PRSA.

Its almost certain that the agent charges the landlord a fee for getting a new contract signed and they're determined to get that cash - so be prepared for a fight, but they've got a world of trouble on their hands.

tylerdylan

Yes I figured the agent wants the fee for a new lease.

I know where I live is not a hot rental market like Dublin but unfortunately this agent is a major player
and all his houses are amazingly the same price!

I keep the house in order pay the rent in full on time no parties or anti social behaviour.
I have never dealt with the landlord its all through this agent.
There was a boiler problem a few months ago not my fault at all and the agent didn't want to pay
to get it fixed until my rent hit and the maintenance chap called the landlord himself and he paid him directly to sort no hassle.
So I understand landlords want as much as possible but its the agent who is pushing in this case.

But the part 4 issue is not on and its a shame they treat tenant's like that

lakill Farm

get the maintenance lad to give you the landlords number and by pass the agent

Victor

You are entitled to have your landlord's contact details.

If the agent refuses to give them to you, write to the PRTB, explaining the situation and asking for their details.

Ray Palmer

Victor wrote: »

You are entitled to have your landlord's contact details.

If the agent refuses to give them to you, write to the PRTB, explaining the situation and asking for their details.

Really? Can you point to where that is in legislation? Seems to defeat the purpose of having an agent.

ted1

foggy_lad wrote: »

Contact the PRTB for advice, tell them this cowboy has threatened to illegally evict you .

has he? he

I either sign or he was serving me notice to get out and promptly hung up!

he could be serving an legal eviciton, the lease it also up

L1011

ted1 wrote: »

he could be serving an legal eviciton, the lease it also up

Part 4 rights still apply, OP has been there for 2 years.

ted1

MYOB wrote: »

Part 4 rights still apply, OP has been there for 2 years.

yes but op had a fixed term contract and failed to give notice that they want to remain under part 4
***********************************
Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease (for example of 1 year) and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.


http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html
******************************************************

foggy_lad

ted1 wrote: »

yes but op had a fixed term contract and failed to give notice that they want to remain under part 4
***********************************
Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease (for example of 1 year) and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.


If you do not notify your landlord you cannot be refused coverage under Part 4 but you may have to compensate the landlord for any financial loss she/he has incurred because you did not notify him/her of your intention to remain in the tenancy.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html
******************************************************

I finished off that quote for you(emphasis is mine), Even if you don't notify the landlord you are still covered by part 4 rights but may have to pay the landlord for any expenses incurred in re-advertising the property if in fact the property was advertised in preparation for you leaving at the end of the lease.

sharpsuit

Ray Palmer wrote: »

Really? Can you point to where that is in legislation? Seems to defeat the purpose of having an agent.

Article 5, Rent Book Regulations, 1993 (S.I. 146/1993)
Provision of Rent Book.

5. (1) The landlord of a house to which these Regulations apply shall—

( a ) on the commencement of a tenancy, or

( b ) where a tenancy exists on the date on which these Regulations come into operation, within two months from such date,

provide the tenant of such house with a rent book or other documentation to the like effect (referred to in either case in these Regulations as "the rent book").

(2) The landlord shall, on provision of the rent book, enter therein in clearly legible writing—

( a ) the address of the house,

( b ) the name and address of the landlord and, if the landlord has duly appointed an agent, of such agent,

( c ) the name of the tenant,

( d ) the term of the tenancy,

( e ) the rent reserved under the tenancy and when and how it is to be paid,

( f ) the amount and purpose of any payments to be made by the tenant to the landlord, in addition to the rent, for services provided by the landlord or otherwise, and when and how each such payment is to be made,

( g ) the amount of any rent paid in advance,

( h ) the amount and purpose of any deposit paid by the tenant and the conditions on which such deposit is repayable, and

( i ) where the tenancy commences on or after the date on which these Regulations come into operation—

(i) the date of commencement of the tenancy, and

(ii) particulars of the furnishings and appliances provided by the landlord for the exclusive use of the tenant.

(3) The rent book shall include in clearly legible writing a statement of information as set out in the Schedule and the landlord shall enter in such statement, at the end of paragraph 11, particulars of the name, address and telephone number of the housing authority in whose functional area the house is situate.

sarkozy

You need all this correspondence between you and the LL in writing - this is required by law by landlords and tenants.

You legally have Part 4 for four years after six months; after the four year period, you can extend for another period. All this is subject to statutory notice periods. Landlords cannot increase rents beyond market prices prevailing at the time (this means rents can also be negotiated down).

I hope you're tenancy is registered with the PRTB. You may not be protected if not, but it's the landlord's legal obligation to be registered at risk of being fined.

Really do push your rights. Contact, as people say, Threshold and the PRTB. It may be no harm letting your LL know you're enquiring.

foggy_lad

sarkozy wrote: »

You need all this correspondence between you and the LL in writing - this is required by law by landlords and tenants.

You legally have Part 4 for four years after six months; after the four year period, you can extend for another period. All this is subject to statutory notice periods. Landlords cannot increase rents beyond market prices prevailing at the time (this means rents can also be negotiated down).

I hope you're tenancy is registered with the PRTB. You may not be protected if not, but it's the landlord's legal obligation to be registered at risk of being fined.

Really do push your rights. Contact, as people say, Threshold and the PRTB. It may be no harm letting your LL know you're enquiring.

Tenants are protected even if tenancy is not registered with the prtb, each part 4 period lasts 4years and you can only be evicted without reason during the first 6months of each period.

tylerdylan

Hello everyone

Thank you all for the great advice and links etc.
I was onto the PRTB and they advised I cannot make a complaint against an agent only the landlord.

Threshold advised to wait till the lease arrives in the post from the agent and to call her on Monday. they advise to sit tight and do nothing and wait for the notice to leave to arrive from the agent and they will help me fight that.

I know that yes I didn't give notice that I am staying however when I first took the house it was made clear to the agent I would be staying long term as my son is in the school next door. And when the agent called to tell me the rent has gone up she didn't ask whether I was leaving or not .

I received the letter today advising of the new rent that will now take effect from the 1st of August as they didn't send it out in proper time.

In all fairness its poor conduct on the agents behalf not to know the legislation if he is in that business, and to tell me I'm being smart and playing games when its pointed out is poor form.

So now I wait......

L1011

You complain to the PRSA about agents not the PRTB. And do complain.

tylerdylan

Yes I've the PRSA complaint form filled in and ready to go
Cheers

shruikan2553

tylerdylan wrote: »

In all fairness its poor conduct on the agents behalf not to know the legislation if he is in that business, and to tell me I'm being smart and playing games when its pointed out is poor form.

This is common, I dont know if they just dont understand the law or if they think you dont. Im siding on the latter as they tend to back down quickly when they see you know what you're doing.

tylerdylan

Well to date no lease arrived like the agent advised.
Spoke to Threshold who advised call if he does send,anyway just got a call from the agents wife who said was I ready to sign the lease that she would drop round with it now:eek:
I said sorry still not getting the part 4 part are you? ''She said I don't know what your problem is" and yelled for <snip> the husband calling "she won't sign she is on about section 4 here you talk to her"

<snip> the husband came on the phone saying what was my problem then said I don't know what I'm talking about I have to sign or get out end of. I asked did he know about the tenancies act he replied" my life is more important than yours and I don't have time to read that"
He went on and on saying he was the agent and I better sign and that all his 275 properties I was the only one causing trouble.
He said signing a new lease is way better than part 4 and he wanted his paperwork up to date. He said I can have Threshold call him as they are not important as he deals with the PRTB only and he is registered so let them call he will tell them the same thing.

So now. Advice?

The_Morrigan

Is it a landlord or an letting agent you are dealing with?

shruikan2553

<snip>

Sounds like a right prick. I would stick with part 4 and find a new place to live. He can try to evict you but it would be illegal.

tylerdylan

It's the letting agent I'm dealing with. I asked was the landlord aware he said yes and the landlord wants a new lease

This agent is a major player here and most of the rental properties are with him

The_Morrigan

tylerdylan wrote: »

It's the letting agent I'm dealing with. I asked was the landlord aware he said yes and the landlord wants a new lease

This agent is a major player here and most of the rental properties are with him

The agent shouldn't be registered with the PRTB, so he is talking through his hole IMO and probably thinks he is the bees knees.
Legally you do not need a lease agreement and you are entitled to the Part IV tenancy, my bet is he gets his commission on each new lease or renewal, so he is just ensuring he gets what he wants.

Get onto the regulator and make sure you make an official complaint, these guys need to play by the rules like the rest of us.

tylerdylan

Haha yes I mentioned that he probably wants a fee and that didn't go down well

<snip>

SpaceTime

Stories like these just remind me what a total joke the rental market here is.

Total amateurs everywhere.

miss no stars

tylerdylan wrote: »

In all fairness its poor conduct on the agents behalf not to know the legislation if he is in that business, and to tell me I'm being smart and playing games when its pointed out is poor form.

So now I wait......

Most agents know damn well what the legislation is!

tylerdylan

It's very upsetting to be honest. I hate that he is bullying me into and I'm not so familiar with the laws and it's a worry having this. I pay my rent I look after the house and I believe I'm a great tenant.

The_Conductor

SpaceTime wrote: »

Stories like these just remind me what a total joke the rental market here is.

Total amateurs everywhere.

Just to clarify- this joker is apparently a professional agent- and is not the landlord him (or her) self.

If this agent has control of as many properties as in being suggested in a small locality- they are abusing this control to their advantage.

In any event- the Property Services Regulatory Authority will take any complaints about the agent seriously- and their ultimate sanction would be to withdraw his licensing- which would put him out of practice.