Rent increase - twice in 1 year

swingking

Wife and I have been living in property for 18 months
We agreed to a rent increase last September and a new lease was signed

Landlord rang today saying he is putting up rent in April by a significant amount.

We don't have a copy of the new lease which was promised to be sent.

Landlord says it's in the terms that he can put it up as many times as he wants.

Is he entitled to do this ?

Penny Tration

swingking wrote: »

Wife and I have been living in property for 18 months
We agreed to a rent increase last September and a new lease was signed

Landlord rang today saying he is putting up rent in April by a significant amount.

We don't have a copy of the new lease which was promised to be sent.

Landlord says it's in the terms that he can put it up as many times as he wants.

Is he entitled to do this ?

No lease you sign can take away your rights, whatever 'terms' they tell you to agree to!

He cannot raise the rent until next September.

If he tries, contest it with the PRTB because you presumably have bank statements or something as proof of the increased rent?

punisher5112

swingking wrote: »

Wife and I have been living in property for 18 months
We agreed to a rent increase last September and a new lease was signed

Landlord rang today saying he is putting up rent in April by a significant amount.

We don't have a copy of the new lease which was promised to be sent.

Landlord says it's in the terms that he can put it up as many times as he wants.

Is he entitled to do this ?

Simple answer is NO.

It can only be increased once every twelve months to equivalent market rate.

Example house next door is €1000 a month and yours is €1500 then there is a problem and can be brought before prtb

Rulmeq

One rent increase per year (greedy baxtards)

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

Your landlord has the right to review the rent once a year. Unless the accommodation has changed substantially, it cannot be reviewed more often than this, or during the first 12 months of the tenancy.

the world wonders

swingking wrote: »

Landlord says it's in the terms that he can put it up as many times as he wants.

Is he entitled to do this ?

No.

Residential Tenancies Act 2004 wrote:

20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—


(a) more frequently than once in each period of 12 months, nor


(b) in the period of 12 months beginning on the commencement of the tenancy.


(2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.


(3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from—


(a) the last review of the rent under the tenancy, or


(b) the commencement of the tenancy,


if, in that period—


(i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and


(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.

So unless they've done major renovations or refurbishment, the law is on your side here.

hfallada

Op tell you know he cant increase the rent until September. If he has an issue with that, he can bring it to the PRTB. It obviously wont stick with them

But if I were you. I would accept now that by September you will be moving out and I would expect a rent increase in September

swingking

Thanks for all the advice. We re going to contact the PRTB today about this and explain to LL we know our rights.

Baby01032012

swingking wrote: »

Thanks for all the advice. We re going to contact the PRTB today about this and explain to LL we know our rights.

Why would you contact PRTB first. I'd suggest clearly telling the landlord that there was an increase in September and under the RTA 2004 a further increase can not be made until next September. Continue to pay your contracted rate.

I'm just saying why create a dispute with PRTB where there is none.

swingking

Just to provide an update:

Explained to the LL that he is not allowed impose another rent increase in a 12 month period.

He was not one bit happy about hearing this. Explained he was going to seek legal advice on the matter.

3 hours later, he calls again. Realises he is wrong but says he's putting it up in September. I said that's no problem.

I never had a problem with this LL before so it has sort of left me with a bad opinion of him.

Thanks for all the advice

hdowney

Glad to hear the person he took legal advice from seems to have their head screwed on the right way. Also glad to hear he took heed. If you think the increase come September will be quite a jump you have a decent enough head start on searching for a new place. Good luck with it

pointelle

hi punisher I used the prtb for that very reason next door and several local properties cheaper than a proposed increase, it was a joke - totally ass kissing the landlord, he was abusive at the meeting and not stopped, now I didn't push ahead to a judgement after "mediation" because it would have cost me more money to be further messed around, but I think it's a bit of a club, although you are right they will uphold only one increase in a 12 month period.

Markcheese

pointelle wrote: »

hi punisher I used the prtb for that very reason next door and several local properties cheaper than a proposed increase, it was a joke - totally ass kissing the landlord, he was abusive at the meeting and not stopped, now I didn't push ahead to a judgement after "mediation" because it would have cost me more money to be further messed around, but I think it's a bit of a club, although you are right they will uphold only one increase in a 12 month period.

It seems like it's a joke for both sides - if either side enjoys being an immoral jerk then ptsb seems to suit them.

cpoh1

swingking wrote: »

Just to provide an update:

Explained to the LL that he is not allowed impose another rent increase in a 12 month period.

He was not one bit happy about hearing this. Explained he was going to seek legal advice on the matter.

3 hours later, he calls again. Realises he is wrong but says he's putting it up in September. I said that's no problem.

I never had a problem with this LL before so it has sort of left me with a bad opinion of him.

Thanks for all the advice

My advice, find a new place for September and give your landlord the required notice when leaving. Do not oblige him with viewings while you are still a tenant, its not nice but it will hit him in the wallet because he will be down at least 2 weeks rent while he has people viewing and finds new tenants after you move out.

Wouldnt normally advocate that but when you come up with someone like that its fair game.

cerastes

Presuming your lease is periodic, (part 4) and not a fixed term lease, then you can start looking as soon as you like, you dont have to wait until near the end of the lease, as soon as you find somewhere and know of the move in date, you can provide your required notice (check prtb/rta 2004) and leave earlier if you like.
If you are in a fixed term lease which it doesnt sound like you are, then you would not be able to do this without breaking the lease, as it appears though, you would.