New letting agency increasing rent

Stench Blossoms

Been living in an apartment for the last year and a half.

The others living in the apartment have been there for 3+ years.

In April (as with previous years) the rent went up by 50e and we renewed the lease for another year.

In September a new letting agency took over the whole complex.

We got a letter this week stating that as we have not have a rent increase in the last 12 months and we are due to renew the lease they would be increasing the rent by 200 :mad:

Can they do this?

braddun

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

Stench Blossoms

Does this apply if they weren't the original landlord?

The_Morrigan

Stench Blossoms wrote: »

Been living in an apartment for the last year and a half.

The others living in the apartment have been there for 3+ years.

In April (as with previous years) the rent went up by 50e and we renewed the lease for another year.

In September a new letting agency took over the whole complex.

We got a letter this week stating that as we have not have a rent increase in the last 12 months and we are due to renew the lease they would be increasing the rent by 200 :mad:

Can they do this?

New lease agreement signed in April 2014 with the increased rent?

Dig out the previous lease agreement and show the new letting agent - the 12 month rule applies and they can't increase the rent again until April 2015.

Stench Blossoms

The_Morrigan wrote: »

New lease agreement signed in April 2014 with the increased rent?

Dig out the previous lease agreement and show the new letting agent - the 12 month rule applies and they can't increase the rent again until April 2015.

Yeh a new lease agreement was signed to show to increase in rent.

The_Morrigan

Stench Blossoms wrote: »

Yeh a new lease agreement was signed to show to increase in rent.

Well then just tell the letting agent the timeline of events regarding the increase in April 2014 - be ready to point out the 12 month rent review rule and if you have the previous lease agreement it will strengthen the case.

If they push, lodge a complaint with the PRTB for a breach of the RTA for increasing the rent more than once in a 12 month period.

Stench Blossoms

The_Morrigan wrote: »

Well then just tell the letting agent the timeline of events regarding the increase in April 2014 - be ready to point out the 12 month rent review rule and if you have the previous lease agreement it will strengthen the case.

If they push, lodge a complaint with the PRTB for a breach of the RTA for increasing the rent more than once in a 12 month period.

They had even quoted the 12 month rent review rule in the letter.

The_Morrigan

Stench Blossoms wrote: »

They had even quoted the 12 month rent review rule in the letter.

They may not have the previous lease on file.

Did the landlord change (change of property ownership) or just a change in agents?

Stench Blossoms

The_Morrigan wrote: »

They may not have the previous lease on file.

Did the landlord change (change of property ownership) or just a change in agents?

I have no idea.

I've never dealt with a landlord. Just the letting agency. It was Hogan and now it's Ires.

The_Morrigan

Stench Blossoms wrote: »

I have no idea.

I've never dealt with a landlord. Just the letting agency. It was Hogan and now it's Ires.

Chances are that the owner changed agents and the previous agents never sent on the files, or sent on incomplete files.
Get onto the current agent and ask them what is the last lease agreement that they have on file, let them know that you have one from this year.

Could all be an administrative error.

blacklilly

Stench Blossoms wrote: »

I have no idea.

I've never dealt with a landlord. Just the letting agency. It was Hogan and now it's Ires.

I'm pretty sure I know the development you're living in. About 80% of apartments there were sold to IRES recently.

I'd say it's a simple adim error on their side, point out the 12 month clause and that should cover you

Stench Blossoms

I provided them with the old lease and the new lease (Showing an increase) and asked them to confirm that they will not be putting up the rent.

They haven't replied and when I ring they 'haven't made a decision'.

So I've decided that I'm going to open a dispute with PRTB.

The_Morrigan

Stench Blossoms wrote: »

I provided them with the old lease and the new lease (Showing an increase) and asked them to confirm that they will not be putting up the rent.

They haven't replied and when I ring they 'haven't made a decision'.

So I've decided that I'm going to open a dispute with PRTB.

Stenchy, try and get that 'haven't made a decision' in writing so that you may use it as part of your case.

What I would do is send an email with a further to our recent phone conversation - outline what you've provided to them and their verbal response of 'haven't made a decision' and let them know based on their verbal response and on the fact that the rent has already increased in the last 12 months that you will be lodging a dispute with the PRTB .

shruikan2553

Might not need to even make a dispute, just do as The_Morrigan stated above and say "As there has been an increase within the last 12 months (April 2014) then any increases in rent would be illegal and I will be lodging a dispute with PTRB if one is made. I hope this makes your decision easier to make"

Stench Blossoms

shruikan2553 wrote: »

Might not need to even make a dispute, just do as The_Morrigan stated above and say "As there has been an increase within the last 12 months (April 2014) then any increases in rent would be illegal and I will be lodging a dispute with PTRB if one is made. I hope this makes your decision easier to make"

I rang PRTB and they told me to create a dispute.

They said that if the LL doesn't confirm that the rent isn't going to be increased that in 28days I will have to pay the increase unless I create a dispute.

shruikan2553

Stench Blossoms wrote: »

I rang PRTB and they told me to create a dispute.

They said that if the LL doesn't confirm that the rent isn't going to be increased that in 28days I will have to pay the increase unless I create a dispute.

Ah yes, that would be true. They have informed you of a rent increase so it will be valid unless they say otherwise.

Still, they would have to be stupid to do it.

Stench Blossoms

shruikan2553 wrote: »

Ah yes, that would be true. They have informed you of a rent increase so it will be valid unless they say otherwise.

Still, they would have to be stupid to do it.

It's an absolute pain in the hole. I'm sure as soon as they see the dispute they'll say I don't have to pay but I didn't want to take the chance if not disputing it.

Greenmachine

If I were you I would get on to the Data protection commissioner. I would be royally pissed if the letting agent passed my details onto a third party without my permission.

The_Morrigan

Greenmachine wrote: »

If I were you I would get on to the Data protection commissioner. I would be royally pissed if the letting agent passed my details onto a third party without my permission.

What third party?

Greenmachine

The_Morrigan wrote: »

What third party?

A separate letting agency. The lease is with the first agency. That should be obvious.

The_Morrigan

Greenmachine wrote: »

A separate letting agency. The lease is with the first agency. That should be obvious.

A new letting agent was appointed in September.

Stench Blossoms wrote: »

......In September a new letting agency took over the whole complex.....

A landlord is allowed to change service providers as they see fit and letting agents can buy apartments blocks from existing landlords and everything is transferred over during the sale process. There is no breach of data protection laws here.

Greenmachine

The_Morrigan wrote: »

A new letting agent was appointed in September.



A landlord is allowed to change service providers as they see fit. There is no breach of data protection laws here.

How does that work in terms of contract law. The tenant has a contract with the letting agency not with the landlord.

The_Morrigan

Greenmachine wrote: »

How does that work in terms of contract law. The tenant has a contract with the letting agency not with the landlord.

It's covered under agency law.

goss101

sorry to hijack the thread but does the 12 month rule only apply if you have a 12 month lease? i'm on a 6 month rolling lease for the last 4 years, same apt, same agency and they trying to increase the rent next month, having already increased it inside the last 12 months??

The_Morrigan

goss101 wrote: »

sorry to hijack the thread but does the 12 month rule only apply if you have a 12 month lease? i'm on a 6 month rolling lease for the last 4 years, same apt, same agency and they trying to increase the rent next month, having already increased it inside the last 12 months??

Same rules apply, a rent review can only be done once in a 12 month period.

Greenmachine

Seems frankly bizarre that you can be forced to deal with a group, you have no interest in dealing with.

The_Morrigan

Greenmachine wrote: »

Seems frankly bizarre that you can be forced to deal with a group, you have no interest in dealing with.

Greenmachine, this is a business transaction not a social group. If you are paying for a service and it is not impacted then it doesn't make a difference whether it's a one man show or a global company that is mentioned on the headed paper. There are mergers and acquisitions, sales, administration and receivership dealings that impact the property sector on a daily basis, if tenants got to veto every property transaction based on whether or not they wanted to deal with a group the whole sector would be in absolute chaos.

blacklilly

Greenmachine wrote: »

Seems frankly bizarre that you can be forced to deal with a group, you have no interest in dealing with.

How do you come to the conclusion that the OP has no interest in dealing with this group? This group are the lanldords of the property

anonyanony

Greenmachine wrote: »

Seems frankly bizarre that you can be forced to deal with a group, you have no interest in dealing with.

He doesn't he has the option to leave and find another place

Greenmachine

anonyanony wrote: »

He doesn't he has the option to leave and find another place

There was no mention of the agency offering that, rather they wanted to increase his rent despite a previous increase in this calender year.
When Avantcard took over mbna I had a choice to go with the new crowd or settle my bill.

The_Morrigan

Greenmachine wrote: »

There was no mention of the agency offering that, rather they wanted to increase his rent despite a previous increase in this calender year.
When Avantcard took over mbna I had a choice to go with the new crowd or settle my bill.

The new agency may not have known about the previous increase, when files have to move between entities things get misfiled and lost.

Also, the rules are that the landlord can increase the rent once in a 12 month period with 28 days notice. The tenant then has a couple of choices, accept the increase, dispute the increase or serve notice to vacate.

You are seeing issues here that don't exist.