Rent and housing measures to go before Cabinet

A Shaved Duck?

Bob24 wrote: »

Pretty much. And my understanding is that if a landlord last increased the rent sometimes in 2014 and doesn't rush into increasing it right now, they could be stuck with the 2014 rent level for another few months.

Its such a flawed approach its crazy, but it also shows the caliber of our elected officials that they could come up with any approach they like yet decide to take the usual sledgehammer and nut approach.

Bob24

A Shaved Duck? wrote: »

Its such a flawed approach its crazy, but it also shows the caliber of our elected officials that they could come up with any approach they like yet decide to take the usual sledgehammer and nut approach.

FG didn't want to do anything, labour wanted to thick the "rent certainty" box before the next election. Best compromise they could find for themselves but it won't solve any renter's issue.

Only good thing for renters is that at least the topic is on the table.

The_Conductor

Guys- as you have strayed so far off the remit of the accommodation and property forum- I have moved this thread to the Politics forum.
Please note the charter applicable to the Politics Forum- now applies.

quadrifoglio verde

Butters1979 wrote: »

Well this is turning into a political FF versus FG debate. It doesn't help this thread.

From what I understand from the article yesterday, any rent increase in 2015 is now subject to a 2 year freeze, this means any LL who did an increase this year and intended to follow up with one next year are kinda screwed. Can anyone confirm I have this right?

Also I assume anyone who had not had an increase in 2015 but was due one will probably get a much bigger one now as it will be pre loaded.

I never knew you could apply legislation retrospectively

The_Conductor

quadrifoglio verde wrote: »

I never knew you could apply legislation retrospectively

You can't apply it retrospectively- however, rules can, and do, change. A 1 year period could potentially be changed into a 2 year period- at any stage during the course of that year. So- any landlord who has not applied an increase in the last 12 months- will if they are acting rationally, apply an increase at the earliest possible opportunity- to minimise the time until they can next review the rent.

Its not considered to be a retrospective application of the legislation- rather, a change in the legislative regime, and the rules applying.

Head The Wall

Lux23 wrote: »

But I have used the system, there is nothing wrong with my attitude either, I am just pointing out that the system was of no use to me when I really needed it.

If you Suspect this may be potentially happening to you then you should make the landlord aware that you will be keeping an eye on this and will retroactively report him for an illegal eviction, it might make some of the less brazen/stubborn ones reconsider their actions

gizmo555

The_Conductor wrote: »

You can't apply it retrospectively- however, rules can, and do, change. A 1 year period could potentially be changed into a 2 year period- at any stage during the course of that year. So- any landlord who has not applied an increase in the last 12 months- will if they are acting rationally, apply an increase at the earliest possible opportunity- to minimise the time until they can next review the rent.

Its not considered to be a retrospective application of the legislation- rather, a change in the legislative regime, and the rules applying.

It would appear from this RTE News report that it will apply retrospectively:

Minister for the Environment, Community and Local Government Alan Kelly has today announced a series of major reforms to the private rental sector in Ireland to provide rent certainty for both tenants and landlords.

A New Deal for Tenants which provides for rent certainty measures will include increasing the rent review period from one to two years, increased notice periods for rent reviews and much greater protections for tenants.

The increase in rent review periods will mean that anybody who has faced a rent increase in 2015, will now not have a rent review until 2017.

Legislation will require 24 months between all rent reviews, in what is among the most significant overhaul of tenants' rights in the state.

Bob24

gizmo555 wrote: »

It would appear from this RTE News report that it will apply retrospectively:

Minister for the Environment, Community and Local Government Alan Kelly has today announced a series of major reforms to the private rental sector in Ireland to provide rent certainty for both tenants and landlords.

A New Deal for Tenants which provides for rent certainty measures will include increasing the rent review period from one to two years, increased notice periods for rent reviews and much greater protections for tenants.

The increase in rent review periods will mean that anybody who has faced a rent increase in 2015, will now not have a rent review until 2017.

Legislation will require 24 months between all rent reviews, in what is among the most significant overhaul of tenants' rights in the state.

That is not retrospectively. Retrospectively would be if the government was voiding rent increases given in 2015 because there rent had already been increased in 2014.

gizmo555

Bob24 wrote: »

That is not retrospectively. Retrospectively would be if the government was voiding rent increases given in 2015 because there rent had already been increased in 2014.

I suppose it depends on what you mean by retrospectively.

If, for example, my tenant's rent was last increased on 1 January of this year, under current law I could validly give notice now of an increase to take effect from, 1 January 2016. (The Residential Tenancies Act 2004 specifies that a minimum of 28 days' notice must be given, but does not specify any maximum.)

If we take the Minister's press release at face value, his proposed legislation would have the effect of retrospectively invalidating the notice I had given and prevent any further rent increase until 1 January 2017.

Bob24

gizmo555 wrote: »

I suppose it depends on what you mean by retrospectively.

If, for example, my tenant's rent was last increased on 1 January of this year, under current law I could validly give notice now of an increase to take effect from, 1 January 2016. (The Residential Tenancies Act 2004 specifies that a minimum of 28 days' notice must be given, but does not specify any maximum.)

If we take the Minister's press release at face value, his proposed legislation would have the effect of retrospectively invalidating the notice I had given and prevent any further rent increase until 1 January 2017.

Have they said the new rules will be in place in 2015 though? (genuine question, I might have missed an announcement)

If they only start enforcing them at the beginning of 2016, there is no need for to do anything retrospectively or to void any notice to ensure that "anybody who has faced a rent increase in 2015, will now not have a rent review until 2017".

gizmo555

Bob24 wrote: »

Have they said the new rules will be in place in 2015 though? (genuine question, I might have missed an announcement)

If they only start enforcing them at the beginning of 2016, there is no need for retrospectively or to void any notice to ensure that "anybody who has faced a rent increase in 2015, will now not have a rent review until 2017".

Dunno. There's just the Minister's press release to go on, but if you take it literally, any rent which was raised from 1 Jan 2015 onwards cannot be increased again in 2016. Michael Noonan has also said several times that he expects this law to be enacted and in effect this month.

nice_guy80

Not a mention of the PRSI and tax measures in the last budget

That is fueling the latest big rise in rents.
Idiots.