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Rent reduction subject to 24 months constraint

  • 31-10-2016 10:56am
    #1
    GGTrek
    Registered Users, Registered Users 2 Posts: 834 ✭✭✭


    Is rent reduction still subject to the "new" 24 months rent review cycle?
    Which means if rent was set 6 months ago and landlord and tenant are willing to negotiate a slightly lower rent due to negotiating a longer fixed term of tenancy it is still not legally possible to reduce the rent set in the initial lease.
    A possible solution around the law could be for the landlord to reimburse the tenant every X months, but again I fear it could be construed as a rent review if taken to RTB and landlord made to pay a penalty.


Comments

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


    Sounds to me at the end of six months that the initial tenancy is over, and hasn't turned into a Part 4. Now you're starting a new tenancy.


  • #3
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Mrs OBumble wrote: »
    Sounds to me at the end of six months that the initial tenancy is over, and hasn't turned into a Part 4. Now you're starting a new tenancy.

    That's not how it works.

    OP, yes you can't review up or down for 24 months. In practice, the landlord can agree to a rent reduction and how will the RTB know, the tenant isn't going to complain. But they're not obliged to review the rent and I'd suggest it could get messy for them for auditing reason to do what you're proposing.


  • #4
    Baby01032012
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    Michael D Not Higgins wrote: »
    That's not how it works.

    OP, yes you can't review up or down for 24 months. In practice, the landlord can agree to a rent reduction and how will the RTB know, the tenant isn't going to complain. But they're not obliged to review the rent and I'd suggest it could get messy for them for auditing reason to do what you're proposing.

    I could be wrong but isn't there a requirement to update the RTB registration where there is a change in rent. This may trigger a query from the RTB that the change has occurred within 24 months. As I said I could be mistaken.


  • #5
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Baby01032012 wrote: »
    I could be wrong but isn't there a requirement to update the RTB registration where there is a change in rent. This may trigger a query from the RTB that the change has occurred within 24 months. As I said I could be mistaken.

    Of course the landlord is supposed to update the register when the rent changes but likely there's no monitoring of it for compliance without a dispute being raised. I'd say there's loads of people all over the country going through rent reviews now that are not legal but neither the landlord or tenant know so they continue on as normal.


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