Rent increase query

steOO7

I was hoping people might be able to assist me in understanding a conversation i just had with the PRTB.



I have been living in an apartment which i originally moved in to with a friend of mine in July 2012. No lease was signed. At the end of the first year the landlord increased the rent by €200 and my friend moved out. I replaced him with another friend who remained there a little under two years. The landlord advised they were increasing the rent by €150. I then replaced this second friend with a third friend. This was in June 2015. My understanding is that the rent can't be increased for 24 months. However, my third friend is moving out and is being replaced by a fourth friend (i know, i must be an awful housemate!). The landlord has now advised that they want to increase the rent by €150. I advised they can't do this as it can't be increased for another 12 months. They now have come back and said that the €150 is not for me but for the fourth friend to pay. The apartment currently rents at €1650. Therefore, they have said I can pay €825 but the fourth friend will have to pay €975.

Where i don't follow is that I originally rented an apartment with my first friend, not a room. If any of my housemates/friends were to disappear i would be left to pay their rent. I phoned the PRTB and they advised that, yes, the landlord is within their rights to increase the rent as it is a new tenant. I went as far to bring up a hypothetical situation where a couple move in to an apartment. After six months they split and one moves out. First question was - would the remaining tenant be liable for all the rent. Response was Yes. Second question was - if the remaining tenant moved in a new person what would happen? Response was that the landlord would in the right to increase the rent in line with market rates (at a rate of 50% of the difference in the current rent and market rate).

Does the above sound right?

Claw Hammer

It is not right.

steOO7

Thanks for posting Claw Hammer. Can you expand further on why you think its not right? My understanding is rent can't be increased for 24 months but they are attempting to increase it after 12 months by saying its only for the new tenant. The PRTB have confirmed the landlord is correct in doing this which I don't understand.

Claw Hammer

If the apartment is let on the basis of joint and several liability then the total rent cannot increase. There are lettings based on individual rooms which can increase. You would have to enter a dispute with the landlord at the RTB to get a definitive answer. You can't rely on what you are told on the phone.

TheDoc

steOO7 wrote: »

Thanks for posting Claw Hammer. Can you expand further on why you think its not right? My understanding is rent can't be increased for 24 months but they are attempting to increase it after 12 months by saying its only for the new tenant. The PRTB have confirmed the landlord is correct in doing this which I don't understand.

Fourth friend is essentially a new tenant. So whilst LL cannot increase your rent, he/she can increase the rent for your friend, who is essentially going into a new lease.

That is somewhat assuming the arrangement is being treated as the rooms being rented, or direct leasing to tenants, as opposed to the entire apartment.

So, do you pay the landlord each month the entire amount, or are you both paying your own seperate payments to the LL individually?

I assume that is where the PTRB are coming from, that the property is not leased to you, and you just have a friend in sharing the cost. The arrangement is per tenant, not the entire property?

Michael D Not Higgins

Since there is no lease in writing, the landlord could claim the rooms were let on an individual basis. You might be able to argue against this by saying that you're the lead tenant, all the others were licensees of yourself, you paid the rent together and were given rent increases together (if that is all indeed true). It would come down to a point of law and where the evidence pointed the RTB.

I think the crucial thing as others have stated is how the rent is paid.

If your friends are paying you and you are paying the full rent to the LL then you would have a good case for it being you who is fully liable and that the people staying there are licensees.

However if you just pay your part of the rent and your housemate pays theirs directly to the LL then you will find it much more difficult as it looks like a typical rooms let separately scenario.

mrs vimes

I think the crucial thing is that your 4 years are up in July and you move to a second Part 4 during which the Landlord can give you notice to leave any time in the following six months just because he wants to or because he can get a higher rent from new tenants.

Assuming he realises this, that is probably how this will end up.

RTB will not be able to help you in that case.

steOO7

Thanks everyone for their comments. I suppose it comes down to the interpretation of whether the lease was for the apartment or rooms. A lease would have been good in this case. Ill learn for next time. I still stand by that the lease was for the entire apartment. Reasons being:
1. My first friend and I found the apartment on daft for rent, not the rooms.
2.We did pay the rent separately but I dont see this as big an issue as others. Previously when living in a 2 bed with an ex we paid the landlord individually.
3. When friends move out they exchange the deposit with each other.
4. No inspections have been undertaken by the landlord to see if any of my previous friends deposit should be with held.
5. The metres are not read by the landlord to ensure bills are paid. This is left to me when a friend leaves.
6. All corresponce has always referred to the apartment, I.e. we are increasing the rent on the apartment by 150.
7. As previously stated the initial correspondence referred to increasing the apartment rent. It was only when I said that this was not allowed that they came back a few days later saying the increase would only impact the new friend.

Honestly, I cant be bothered bringing a dispute. Im just going to move out. Main purpose for starting the thread was due to the prtbs comments. Im too black and white. Never thought about the interpretation! And without a lease it is my word against theirs.

Baby01032012

It is down to interpretation. My interpretation which is only my opinion is that you are renting the entire apartment and the increase is not valid. You have right to take a case and continue to pay current rent, however if RTB find against you you will have to pay the back dated increase. Ensure you give correct notice if leaving, howevet don't be forced into it if it doesn't suit you to move.