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Tenancy rights - can a landlord do this?

  • 02-12-2015 3:02pm
    #1
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    Been in the apartment for four years. Get a letter yesterday (1st Dec) to say our rent is going up on 26th Dec.

    The letter was dated 26th Nov - does the 28 days notice for rent increase go by when we received the letter or when it is dated?

    Also we pay our rent on 14th Dec, so can they put the rent up on the 26th Dec? Am confused. I can't find any info anywhere.

    Thanks!


Comments

  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    The 28 days starts from receipt of the notice. Is the rent review fair? If not, you can dispute it. If it is, then I would speak to the landlord and agree to pay it in January's rent but they can demand you pay part of the month on the higher rent.


  • Registered Users, Registered Users 2 Posts: 26,361 ✭✭✭✭Mrs OBumble


    jollygood wrote: »
    Been in the apartment for four years.

    Remember that within the first six months of each four year period, they can terminate you (with notice of course) for no reason.

    So arguing it may not be to your advantage, even if technically they've not given you enough notice.


  • Registered Users, Registered Users 2 Posts: 55 ✭✭jollygood


    Thanks, we were leaving anyway. We've been great tenants for 5 years and put up with annual increases. We feel it's unfair they are putting our rent up in our final month. How greedy, trying to wring an extra €200 before we go.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    jollygood wrote: »
    Thanks, we were leaving anyway. We've been great tenants for 5 years and put up with annual increases. We feel it's unfair they are putting our rent up in our final month. How greedy, trying to wring an extra €200 before we go.

    Has it been less than a year since the last rent review?


  • Registered Users, Registered Users 2 Posts: 55 ✭✭jollygood


    I can't honestly remember! Will have to check it out. But we will be disputing it anyway. The tenancy isn't registered with the PRSB either.


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  • Moderators, Society & Culture Moderators Posts: 40,800 Mod ✭✭✭✭Gumbo


    How much rent are you paying at the moment and for what?


  • Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    jollygood wrote: »
    I can't honestly remember! Will have to check it out. But we will be disputing it anyway. The tenancy isn't registered with the PRSB either.

    Them not being registered doesn't mean anything really, they will just have to register. Is the rent raise in line with market rates? If it is then you need to give notice to vacate if you aren't happy with it as if the PTRB find the raise is ok you will need to pay the increased rent backdated form when it came into effect.

    Landlords are not being greedy when they raise rents, thats just business. Take the emotion out of it and approach it logically, is the raise in line with other houses around you, could you argue it down with the LL by discussing what a good tenant you have been previously etc.

    Just watch out though as your tenancy goes in 4 year cycles and in the first 6 months of the new 4 year cycle you can be asked to leave without any reason being needed.


  • Registered Users, Registered Users 2 Posts: 846 ✭✭✭April 73


    jollygood wrote: »
    Thanks, we were leaving anyway. We've been great tenants for 5 years and put up with annual increases. We feel it's unfair they are putting our rent up in our final month. How greedy, trying to wring an extra €200 before we go.

    When are you planning to leave? Have you given notice of that intention?


  • Registered Users, Registered Users 2 Posts: 55 ✭✭jollygood


    April 73 wrote: »
    When are you planning to leave? Have you given notice of that intention?

    mid jan, we said it in a text to the landlord when they told us they were raising the rent in jan, we said we'd move out so they brought the rent increase forward by a month!


  • Moderators, Society & Culture Moderators Posts: 40,800 Mod ✭✭✭✭Gumbo


    jollygood wrote: »
    mid jan, we said it in a text to the landlord when they told us they were raising the rent in jan, we said we'd move out so they brought the rent increase forward by a month!

    He has to give you 30 days notice.


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  • Registered Users, Registered Users 2 Posts: 846 ✭✭✭April 73


    jollygood wrote: »
    mid jan, we said it in a text to the landlord when they told us they were raising the rent in jan, we said we'd move out so they brought the rent increase forward by a month!

    Did he give you written notice of the intention to increase the rent in December instead of January? With 28 days notice? It's not valid otherwise. He's being cheeky!


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