Possible lease dispute

Valium O Clock

Hi chaps, bit of help required. I have been renting an apartment in Dublin city centre for the past 6 years. The rent remained the same until last year when the landlord put up the rent by €100, but it’s still about €200 - €400 under similar properties in the area. Shortly after the rent was put up the landlord handed over things to a letting agent who I have been dealing with for the last few months… I have found them sharp to the point of aggression in the few dealings I’ve had to have with them but didn’t think anything more of it than that.

Now hands up; the rent on the 1st of Jan this year was about 4 days late, problem with the standing order. The letting agents made 2 attempts to contact me in one day before delivering a written warning to the flat. Sadly I forgot to switch the standing order back to the original date so this month I was 2 days over before I clocked the rent hadn’t gone out and I paid it, my bad totally. However, this too received another written warning (two days after it had been paid) and this time no attempt was made by the agent to contact me.

With this and a few other issues with the agents attitudes, I had reason to give the landlord a call the other night when a fire alarm went off in the building. I raised this with him and initially, after going on about ‘hands being tied, minister Kelly, he’s a victim too, blahdyblah’ he stated quite clearly to me that both he and the agents are unhappy with any of the tenants being in the property for as long as I have and that they want to charge more for the property with people that will be in it for less time. Bottom line he wants me out.

That was Tuesday evening, yesterday I returned home to find a letter from the agency suddenly wanting to set up an inspection, the very first in 6 years, to the property to check for compliance with the terms of the lease and that my attendance is not obligatory.

Now this could be coincidence, but my gut tells me I should be prepping for something a bit shifty here.

Any advice on this matter?

Michael D Not Higgins

Firstly I wouldn't worry too much about the notices of late rent. The agent is just doing their job in line with the legislation. The RTA 2004 allows for a written notice of rent arrears with 14 days notice to clear that or, failing that, they can issue 28 days notice of termination. You paid well within the 14 days notice so no harm done.

Secondly, the agent is again doing their job with an inspection. This is allowed by the legislation and I wouldn't assume it had anything to do with you talking to the landlord. It's more likely the agent wants to inspect the new property he has to manage.

You are covered by Part 4 of the RTA for notice periods and can only be given a notice of termination in line with the reasons in the Act. Wanting more money is not one of those reasons, and since you had a rent increase last year, you are protected from another increase until 2 years after that rent review.

Butters1979

What Micky Higgy said above is spot on. They have no reasonable reason or right to throw you out. If you are suspicious about the inspection (which the timing is suspicious but letting agencies tend to do this regularly anyway) then make the place as clean and in order as possible and take photo's to help you dispute anything you think they might pull.

Otherwise get your standing orders in order (see what I did there) even if you have to pay early and don't worry.

Satriale

Butters1979 wrote: »

edit: double posts, why does this keep happening?

If you click edit there's an option to delete the second post, , (it's something to do with boards hamsters and a batch of bad acid)

Graham

Valium O Clock wrote: »

yesterday I returned home to find a letter from the agency suddenly wanting to set up an inspection, the very first in 6 years, to the property to check for compliance with the terms of the lease and that my attendance is not obligatory.

Personally, I'd insist on being present for any inspection.

Both the inspection and the notices are quite normal and what would be expected from a professional agent.

The story about you being too long in the premises doesnt make sense. No landlord wants vacant periods - its far better to keep tenants than lose them and have to go to the expenses of reletting, which usually involves redecoration, some new appliances etc.
What I think has happened is that the agent has indicated that your rent is far below market rates and this is a consequence of the landlord not reviewing it regularly.

Depending when the rent was raised last year (pre-november i think) you might be fixed on this level for two years. If not the rent will get raised on the first anniversary. Because this rent will be frozen for two years, the landlord really can't afford to be easygoing and I'm sure the agent will sting you for a full market rate then.

Valium O Clock

Thank-you all for the feedback, the information did set my mind at rest. The inspection took place and we have now been served notice that the rent is to be increased by 250 a month from June. I could be completely wrong on this, but I was of the understanding that the as the rent was increased in August 2015, that it couldn't be put up again until 2017? Also, much of a muchness I know, but if the increase is allowed, shouldn't it be from August and not June?

Again thanks for any feedback on this matter. Really can't afford this much of an increase so it will more than likely mean moving out if permitted.

Sarn

You are correct. As the rent was increased in August 2015 the next rent review cannot occur until August 2017. Even under the old rules they couldn't have increased rent until August 2016.

I would politely refer them to the date of the last rent review and the new legislation and leave it at that. However, I wouldn't be surprised if you receive one of the reasons for ending a Part IV tenancy. Worth holding on to all correspondence.

karenalot

Your rent can't be increased till Aug 2017. Letting agents should really be aware of the new rules by now.

The Randy Riverbeast

karenalot wrote: »

Your rent can't be increased till Aug 2017. Letting agents should really be aware of the new rules by now.

Even with the old rules he/she would be covered until Aug 16. Although I had a similar experience when at the end of a 10 months lease they wanted to up the rent.

Satriale

Sarn wrote: »

You are correct. As the rent was increased in August 2015 the next rent review cannot occur until August 2017. Even under the old rules they couldn't have increased rent until August 2016.

I would politely refer them to the date of the last rent review and the new legislation and leave it at that. However, I wouldn't be surprised if you receive one of the reasons for ending a Part IV tenancy. Worth holding on to all correspondence.

Might be a stupid question, but would the last rent review stand even for a new tenant (if OP did get notice)?

4ensic15

Satriale wrote: »

Might be a stupid question, but would the last rent review stand even for a new tenant (if OP did get notice)?

No.

Valium O Clock

Thank-you guys, that has settled my nerves somewhat. Could anyone point me in the direction of the legislation pertaining to the 2 year rent freeze. Want to brush up on this before contacting the agents

Michael D Not Higgins

Valium O Clock wrote: »

Thank-you guys, that has settled my nerves somewhat. Could anyone point me in the direction of the legislation pertaining to the 2 year rent freeze. Want to brush up on this before contacting the agents

http://www.irishstatutebook.ie/eli/2015/act/42/enacted/en/pdf
Page 23, clause 25, Amendment of section 20 of Principal Act

Valium O Clock

Afternoon there,

Just following on from my previous posts, I recently moved out of the flat (along with many other tenants’ due to these letting agents shenanigans). Shortly before moving out I was given a checklist by the agents of things to do before handing the keys back. In this was a section on water bills advising these must be paid up or deducted from the deposit.

The day prior to moving out I contacted Irish Water as I had not received a bill from them as yet. They had some of my details on file and I gave them the rest and they said they would forward the bill to my new address.

I spoke to the letting agent at the time and he confirmed this was fine. Two days after handing the keys back I contacted the letting agent again. He confirmed that everything was fine with the apartment and the deposit would be paid in full but would take a few days and that their accounts person wasn’t in that day to process it. He asked if I could send an email to them whenever I did get the water bill and I agreed. However this was very clearly a separate discussion and at no point was this discussed in relation to the deposit being returned. The phone call ended with us agreeing that if the money hadn’t been transferred by today I would call back.

As I hadn’t received anything I contact the agents today. The agent in question wasn’t in but his colleague was insistent that they were keeping the deposit until proof of the water bill had been paid. This is in complete contradiction to our last two calls on this and I’m now almost two weeks out of the place and it is just today they have decided they wish to hold on to the deposit.

Is there any advice to be offered on how to approach this with them?

Mrs OBumble

Send them the proof that the water bill has been paid.

TheChizler

Whatever about the amount that the bill might be, they have no absolutely no right to keep anything over that. And I doubt they can keep the bill amount once you can prove you're registered.

Clampdown

A security deposit is protection for damage to the property, not water bills. The proposed legislation about making landlords able to use deposits for bills never came about.

Even Alan Kelly has said they cannot do that.http://www.irishexaminer.com/ireland/landlords-cant-use-deposits-for-water-bills-340525.html

Personally, I would open a PRTB dispute for illegal retention of security deposit if they tried that.

Clampdown

Clampdown wrote: »

A security deposit is protection for damage to the property, not water bills.

Don't be silly. You owe the money and the landlord is entitled to take it out of your deposit if you stick him with the bill.

If, as you say, you intend to pay, then pay and send in the evidence. It sounds that the landlord believes you and would prefer to return the entire deposit rather than face the messyness of splitting it and keeping some until some day in the future when you provide the evidence.

If you dont intend to pay, man up and tell the landlord and ask for some of your deposit back.

Satriale

Only in Ireland would a landlord make unnecessary, unpaid work for himself. Report the tenants name and dates of tenancy to Irish water and your obligation is over. Looks to me like some people are only looking for an extra excuses to illegally hold on to deposits.

Satriale

Satriale wrote: »

Report the tenants name and dates of tenancy to Irish water and your obligation is over.

Irish Water doesn't work like that. If the tenant hasn't registered they will bill the landlord.

Satriale

Deleted User wrote: »

Irish Water doesn't work like that. If the tenant hasn't registered they will bill the landlord.

http://www.water.ie/customer-registration/landlords-and-tenants/

I’m a landlord, what are my obligations to notify Irish Water about my tenants to ensure that I'm not liable for water charges?

As the landlord of a domestic property, you are obliged to contact Irish Water and provide the name(s) of your tenant(s) and the start date of the agreement you have with your tenants e.g. rental agreement.
Landlords should contact Irish Water within 20 working days of an agreement start date. Irish Water will then open an account in the name(s) of your tenant(s) and send a letter asking them to register with us. This will ensure that you are no longer liable for water charges while the tenants remain at the property.

Important to note: Under Environment (Miscellaneous Provisions) Act 2015, if tenant information is not provided within 20 working days of an agreement start date, the owner of the property will be liable for water charges until the name(s) of your tenant(s) and start date of your agreement are provided to Irish Water.

The personal data to be provided by landlords or their authorised agents is limited to the tenant(s) names only and is to be used solely by Irish Water in the performance of its statutory functions under the Water Services Acts 2013 - to identify who is the customer at a premises to which Irish Water is providing water and wastewater services. The provision of such names is necessary both for Irish Water to perform its statutory functions and for Irish Water and the landlords’ legitimate interests in ensuring the correct customer is identified. As such, its processing is in accordance with the Data Protection Acts.

dev100

Deleted User wrote:

Don't be silly. You owe the money and the landlord is entitled to take it out of your deposit if you stick him with the bill.

Your wrong the landlord is not entitled to take it....