Landlord wants increase rent 3 months into new contract

SIX PACK

Right here is our situation been living in same property for past 3 years after 2nd year Landlord increased Rent by €100 per month. Our lease was up in May this year and got our New contract which we signed with no change to the rent that we were paying.

So today we got call from landlord saying he wants an extra €100 per month.

My question is. Is landlord legally allowed to jack up the rent after we signed new 1 year contract ? Any advice greatly appreciated

gaius c

No.[/end thread]

Bigmac1euro

Not a hope, He cant kick you out either,
His mistake.

Stheno

steo_magra wrote: »

Not a hope, He cant kick you out either,
His mistake.

I'm fairly sure that in any 12 month period the landlord can increase the rent in line with market rates.

OP say they have been there three years, and the last time the rent was increased was after two years so he can? Unless I've read it wrong

Taboola

Stheno wrote: »

I'm fairly sure that in any 12 month period the landlord can increase the rent in line with market rates.

OP say they have been there three years, and the last time the rent was increased was after two years so he can? Unless I've read it wrong

That's my understanding of it as well.

Lux23

Stheno wrote: »

I'm fairly sure that in any 12 month period the landlord can increase the rent in line with market rates.

OP say they have been there three years, and the last time the rent was increased was after two years so he can? Unless I've read it wrong

Not with a contract in place for 12 months.

eisen1968

Pretty certain, the amount stated on contract at time of signing stands regardless. Citizens advice will clarify this, this is the type of issue they deal with on a daily basis. Give them a call.

runawaybishop

Stheno wrote: »

I'm fairly sure that in any 12 month period the landlord can increase the rent in line with market rates.

OP say they have been there three years, and the last time the rent was increased was after two years so he can? Unless I've read it wrong

The rent can be reviewed once every 12 months. A lease is in place so that is the rent for the duration of the lease.

No need to call anyone on this, its extremely clear cut.

SIX PACK

Here is a copy of the text the letting agent sent uson behalf of the property owner>>


Landlady has been on to me to increase the rent it hasn't been reviewed so since 2013. And one of the landlords few rights is to review in 12 months and it's been over 25 months now. I would like to increase the rent to €140 a week. Can you give me a call back to discuss ASAP. Thanks a mil.

runawaybishop

SIX PACK wrote: »

Here is a copy of the text the letting agent sent uson behalf of the property owner>>


Landlady has been on to me to increase the rent it hasn't been reviewed so since 2013. And one of the landlords few rights is to review in 12 months and it's been over 25 months now. I would like to increase the rent to €140 a week. Can you give me a call back to discuss ASAP. Thanks a mil.

You have a signed lease with the rental amount on it? That was a review and anyway you have a contract with a rental amount set out for X duration. Once the lease expires they can review the rent, not before.

kingtut

You signed a lease, the landlord CANNOT increase the rent until the lease period is over.

SIX PACK

Thanks very much for that Clarification. Have no problem paying the going rate even suggested it to letting agent back in April before signing our New Lease They said play by ear Landlord said nothing to them.
Not our fault Landlord wasn't on the Ball before doing up new lease.
Current market rates have increased by 25% in Laois

kingtut

SIX PACK wrote: »

Thanks very much for that Clarification. Have no problem paying the going rate even suggested it to letting agent back in April before signing our New Lease They said play by ear Landlord said nothing to them.
Not our fault Landlord wasn't on the Ball before doing up new lease.
Current market rates have increased by 25% in Laois

Why would you willingly suggested a rent increase? :eek::eek::eek:

dori_dormer

Tell them that the lease WAS a rent review and it states that the rent will stay the same for the next12 mths

kingtut

dori_dormer wrote: »

Tell them that the lease WAS a rent review and it states that the rent will stay the same for the next12 mths

Or tell them that the law is the law.

FishOnABike

The newly signed lease is in effect a review of your rent and it can not be reviewed again within twelve months. The new lease is a new contract and the rent stated in the lease is the amount due.That your rent has not been increased in 25 months is neither here nor there, there is a difference between a review and an increase.

Victor

Do you have a copy of the lease, signed by the landlord?

the_syco

SIX PACK wrote: »

Our lease was up in May this year and got our New contract which we signed with no change to the rent that we were paying.

As Victor has asked; does your copy have the landlords signature on it?

=-=

From http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/rent-reviews;

A landlord can only increase the rent once in any 12 month period, and cannot increase within 12 months of the commencement of the tenancy

I note that it says "tenancy", and not "lease", and wonder could it be argued that as the OP has been there over three years that they are no longer within the first 12 months of the tenancy?

I'm playing devil's advocate here, as telling the landlord to piss off may get their back up, and if your area is in high demand they could raise the rent to the area average.

SIX PACK wrote: »

Thanks very much for that Clarification. Have no problem paying the going rate even suggested it to letting agent back in April before signing our New Lease They said play by ear Landlord said nothing to them.

Also consider that the lease you are signing is between you and the agency, and that the landlord never said anything to them, as the agency never mentioned to the LL that they are getting you to sign another lease.

ted1

SIX PACK wrote: »

Here is a copy of the text the letting agent sent uson behalf of the property owner>>


Landlady has been on to me to increase the rent it hasn't been reviewed so since 2013. And one of the landlords few rights is to review in 12 months and it's been over 25 months now. I would like to increase the rent to €140 a week. Can you give me a call back to discuss ASAP. Thanks a mil.

The letting agent dropped the ball and should have raised it 3 months back

FishOnABike

the_syco wrote: »

As Victor has asked; does your copy have the landlords signature on it?

=-=

From http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/rent-reviews;

I note that it says "tenancy", and not "lease", and wonder could it be argued that as the OP has been there over three years that they are no longer within the first 12 months of the tenancy?

I'm playing devil's advocate here, as telling the landlord to piss off may get their back up, and if your area is in high demand they could raise the rent to the area average.


Also consider that the lease you are signing is between you and the agency, and that the landlord never said anything to them, as the agency never mentioned to the LL that they are getting you to sign another lease.

As the agency is engaged by the landlord to act on their behalf the agency issuing a new lease is the same as if the landlord had issued it.

It is also irrelevant that the OP is no longer within the first 12 months of their tenancy. Their rent has been reviewed within the last 12 months (in the form of their recently signed lease) and cannot be reviewed again within 12 months of that date.

Blue bull

Hi six pack. I manage over 30 properties in dublin. The landlord canot put up the rent after the contract/lease has been signed. Whatever the amount is on the lease/contract is the amount you pay and BOTH parties signed that agreement. His/her loss..

Mrs OBumble

op, does your signed lease actually state the the amount of rent?

You've been getting lots of legal answers here, but on light of no rent increases for three years, I cannot help but think that a relational approach might serve you better overall. Yes it will cost you some cash
But.

SIX PACK

Yes the agreed price is written on 3 different pages of the Lease. The couple who own this house just chancing their arm but 8 weeks too late to be looking for rent increase. Albeit properties to let are rarer than ever where im living compared to 2013 14.
Op - Letting agents signature is on Lease.

Not a NSA agent

If there was no lease then the rent could have been increased, now the EA has said the rent will be X for the next 12 months and you agreed to pay X for the next 12 months. If they want an increase they have to wait until the end of the lease in 10 months time.

FishOnABike

SIX PACK wrote: »

Right here is our situation been living in same property for past 3 years after 2nd year Landlord increased Rent by €100 per month. Our lease was up in May this year and got our New contract which we signed with no change to the rent that we were paying.

So today we got call from landlord saying he wants an extra €100 per month.

My question is. Is landlord legally allowed to jack up the rent after we signed new 1 year contract ? Any advice greatly appreciated

Mrs OBumble wrote: »

op, does your signed lease actually state the the amount of rent?

You've been getting lots of legal answers here, but on light of no rent increases for three years, I cannot help but think that a relational approach might serve you better overall. Yes it will cost you some cash
But.

OP's rent was increased after the first year but not in the last two. Now that they have an answer to their question as to whether the landlord is "legally allowed to jack up the rent after we signed new 1 year contract ?" is is up to the OP how to use that knowledge.

Renting is a commercial relationship for both landlord and tenant. Is the landlord's gratitude worth 1000 euro after tax ? OP can stick to the terms of the recently signed lease or hand over an additional 1000 euro over the next 10 months.

Even if the OP was prepared to meet the landlords request part of the way and use the newly signed lease as a bargaining tool to reduce the increase if I was the landlord I'd leave well alone and consider it a lesson learnt. Changing it now could leave the landlord open to a PRTB complaint at a later date. I'd prefer to forgo the 1000 euro before tax rather than have a potential larger liability.