Rent Increase

homerjay2005

so my landlady has decided to up our rent by 25%:eek::eek: our lease is up next month, we have been here 4 years, obviously want to stay as its our home by now.

now, we will negotiate this and are ok to paid extra (maybe 10%), but we think 25% is extortionate in any environment.

am i correct in saying, we have 90 days to consider this? as yet, she has only told us this over the phone so i believe she has to do so in writing or is this exempt as our lease is ending?

any advice you can give, is much appreciated.

Ms Doubtfire1

she can up the rent to market value every 2 years. Your lease is up and your 4 year cycle is finished by the sound of it...I think there's very little you can do...

homerjay2005

Ms Doubtfire1 wrote: »

she can up the rent to market value every 2 years. Your lease is up and your 4 year cycle is finished by the sound of it...I think there's very little you can do...

ok thanks.

what about the 90 day period in writing, does that apply or only if the lease is still active?

in other words, can we continue to pay the current rent for the next 3 months and then decide if we are staying or not?

amcalester

Couple of things to consider here.

The 25% increase, does that bring it up to the market rate. When was your last rent review?

Are you currently under a fixed term lease that is expiring and if so when was it signed? Was there a rent review at the time of signing?

If you have been there 4 years then its possible you are about to enter into a new Part 4 cycle and the landlord can issue notice to vacate in the first 6 months of this new cycle with out giving a reason.

davo10

homerjay2005 wrote: »

so my landlady has decided to up our rent by 25%:eek::eek: our lease is up next month, we have been here 4 years, obviously want to stay as its our home by now.

now, we will negotiate this and are ok to paid extra (maybe 10%), but we think 25% is extortionate in any environment.

am i correct in saying, we have 90 days to consider this? as yet, she has only told us this over the phone so i believe she has to do so in writing or is this exempt as our lease is ending?

any advice you can give, is much appreciated.

It's not really up for negotiation if the rent is going up to market rate and hasn't been increased within last 2 years. There is no consideration period either, if she gives you notice then you either agree to pay it or you don't. Be aware of this, after a 4 year tenancy cycle, your landlord can terminate your tenancy for any reason in the first 6 months of the new 4 year cycle unless you have a new fixed term tenancy, presumably at the new, higher rate. So it looks like either you agree to it or move on.

25% is not extortionate if it brings the rent up to current market levels, it means you have had the benefit of paying substantially below market rate for some time. Go on daft and see what similar properties are renting for in the same area and consider what you will have to pay if you were to move out and rent another, similar property, this will tell you if the increase is reasonable.

Zascar

After 4 years, its the only time the landlord can legally end your tenancy without any reason. So she can throw you out and get someone else in at top market rates. Or you can try to negotiate if you want - but as said above there is nothing you can really do to stop her unfortunately.

Ms Doubtfire1

homerjay2005 wrote: »

ok thanks.

what about the 90 day period in writing, does that apply or only if the lease is still active?

in other words, can we continue to pay the current rent for the next 3 months and then decide if we are staying or not?

I am not sure about that. If your lease is fixed,end it's up, and you are not protected by part 4, than no. But I could be wrong- get in touch with the Residential tenancy board, they will be able to answer that quite quickly.
They will also be able if the rent is at market level or not.

http://www.rtb.ie/docs/default-source/default-document-library/rtb-quarter-2-2016-(3)-final.pdf?sfvrsn=2

homerjay2005

homerjay2005 wrote: »

ok thanks.

what about the 90 day period in writing, does that apply or only if the lease is still active?

in other words, can we continue to pay the current rent for the next 3 months and then decide if we are staying or not?

When you get the three months notice you will have to either agree to the increase (or negotiate) or else refuse at which point you will have to give notice you are moving out. You can then continue to live there for the duration of your notice period which is 8 weeks (paying your current rent). If you agree to the increase and continue to live there you pay the old rent for 3 months but you can't just move out the day before the new rent starts. You will either have had to give notice before (so why accept the increase) or else give notice after the three month but you will be liable for the new rent for the duration of your notice period (which is 12 weeks once you are there 4 years)

You should keep in mind though that the LL is in a very strong position and has no incentive to negotiate as if you don't accept the increase you are obliged to move out and this is even further solidified by the fact your part 4 is up and the LL can give you notice to move out for any reason they feel like.

homerjay2005

some of you are saying there is no 3 months notice, others are saying there is

which is correct?

athtrasna

homerjay2005 wrote: »

some of you are saying there is no 3 months notice, others are saying there is

which is correct?

90 days notice is required but that's not a 90 day consideration period.

ArticHare

There should be notice period even with a new lease, we've just started paying an increased amount a couple of months into a new lease, we were notified before signing the new lease. You can find all that on the citizens info site. If your place isn't managed by an agency than your landlady might not even know what the rules are.

Fian

ArticHare wrote: »

There should be notice period even with a new lease, we've just started paying an increased amount a couple of months into a new lease, we were notified before signing the new lease. You can find all that on the citizens info site. If your place isn't managed by an agency than your landlady might not even know what the rules are.

No, a few months into a new lease you should not be paying an increased amount at all - it is unlawful to raise the rent within 24 months of beginning a new tenancy. 90 days apply after 24 months it seems.

Michael D Not Higgins

Fian wrote: »

No, a few months into a new lease you should not be paying an increased amount at all - it is unlawful to raise the rent within 24 months of beginning a new tenancy. 90 days apply after 24 months it seems.

It's sounds like they signed a new lease not started a new tenancy.

RasTa

He hasn't signed any new lease yet

Michael D Not Higgins

RasTa wrote: »

He hasn't signed any new lease yet

I'm referring to ArcticHare's post

"we've just started paying an increased amount a couple of months into a new lease, we were notified before signing the new lease."