Rent increase megathread

Michael D Not Higgins

You must wait til August and give 90 days notice from that point, i.e. sometime in November.

misstearheus

Is there any requirement for a Landlord to give any Notice before they implement a Rent Increase or would it just be a case of it's implemented from when they let ya know about it? T.i.a.

Dave0JV

http://www.citizensinformation.ie/en/housing/renting_a_home/rent_increases.html

In general, 90 days notice for a rent review

D

28 days in writing

http://www.irishstatutebook.ie/eli/2004/act/27/section/22/enacted/en/html#sec22

22.—(1) The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.


(2) That condition is that, at least 28 days before the date from which the new rent is to have effect, a notice in writing is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect.


(3) Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—


(a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or


(b) the expiry of 28 days from the receipt by the tenant of that notice,


whichever is the later.

Edit: I believe that the 90 days is when there is rent control.

Michael D Not Higgins

D wrote: »

28 days in writing

http://www.irishstatutebook.ie/eli/2004/act/27/section/22/enacted/en/html#sec22

That section has been amended. It's 90 days as per the first reply.

Haz619

Hi, i live in waterford, the apartment building that i live in is being sold. I have read a bit about this increase but the only cap that i can find is in rent pressure zones of which waterford is not.

Is there a cap on rent increases? or is it just as much as they like up to the equivalent market value in the area.

How often can the rent be changed and how soon after the property is purchased can it be changed?

Thanks in advance

Michael D Not Higgins

The rent increase is tied to the last one and is unrelated to the property being sold. It must be at least 24 months after the start of the tenancy or last rent increase. Outside of an RPZ the limit is market rate which must be supported by 3 example properties having been advertised within the previous 4 weeks.

misstearheus

Yeah it's definitely comparable to this area and the first Increase. I'm surprised he didn't raise it before now. Have rented in several Properties down through the years but don't think I've ever had an Increase so know nothing about it. And am here almost 4 years so that's the 24-months covered so I think everything is covered.

What is the current required-passage-of-time between 2 Increases?


So are ye telling me there's 3 months and 6 days before the new Rent Amount comes into effect?!? That sounds excessively generous! But at the same time, as a Tenant, I.,, would welcome all the notice possible to try get my finances in order and budget for it etc.

What was the wait till August thing? Was that just crossed-wires?

Fian

A demonstration of the impact of RPZ legislation.

http://www.irishtimes.com/business/commercial-property/two-dublin-developments-show-the-impact-of-new-rent-rules-1.3092129

One complex not captured by legislation going way over guide price, other one withdrawn until the tenancies terminate because there is so little scope for rent increases - presumably these will sell to owner occupiers and come off the rental supply.

The_Conductor

Fian wrote: »

One complex not captured by legislation going way over guide price, other one withdrawn until the tenancies terminate because there is so little scope for rent increases - presumably these will sell to owner occupiers and come off the rental supply.

If the units are being flogged to owner-occupiers- presumably there will be a commensurate number of units elsewhere coming available where the owner occupiers are now renting.

Also- flogging them individually as they become available- isn't a bad plan- its entirely foreseeable that they'll get 50-70% more, over time, than they would as an upfront payment.

I get what you say- its impossible to sell these as an investment to an REIT or anyone else- as their interest in it would be marginal at best- given the RPZ.

Its a dimunition of property ownership rights- however, until such time as reasonable volumes of properties start coming on stream- that's what we've to deal with.

barry181091

Rented a new house recently. No previous tenant rental amount was supplied and I am pretty sure we are paying well over a 4% increase. I am in the house now, but would my best bet to wait until the end of the lease and put in an RTB complain to get back rent over the 4%? If I do it now we may be given the boot.

pilly

barry181091 wrote: »

Rented a new house recently. No previous tenant rental amount was supplied and I am pretty sure we are paying well over a 4% increase. I am in the house now, but would my best bet to wait until the end of the lease and put in an RTB complain to get back rent over the 4%? If I do it now we may be given the boot.

Why on earth would you enter into an agreement that you're going to renege on at the end? Scummy behaviour.

gizmo81

pilly wrote: »

Why on earth would you enter into an agreement that you're going to renege on at the end? Scummy behaviour.

The tenant has said nothing about reneging. A tenant cannot agree to an illegal rent no matter what the contract says and they have up to six years to bring a case to the RTB.

pilly

gizmo81 wrote: »

The tenant has said nothing about reneging. A tenant cannot agree to an illegal rent no matter what the contract says and they have up to six years to bring a case to the RTB.

I didn't ask you the question gizmo. If the tenant cannot agree to an illegal rent then they shouldn't in the first place. It's dishonesty at best, fraud at worst to do otherwise.

And in this case tenant doesn't even know the previous rent.

gizmo81

pilly wrote: »

I didn't ask you the question gizmo. If the tenant cannot agree to an illegal rent then they shouldn't in the first place. It's dishonesty at best, fraud at worst to do otherwise.

And in this case tenant doesn't even know the previous rent.

Incorrect.

The landlord is legally obliged to furnish documentation to any new tenant of the previous rent.

Additional Requirement for New Tenancies in Rent Pressure Zone
In the case of a new tenancy in a rent pressure zone, a landlord is required to furnish the tenant, in writing, with the following information at the commencement of the tenancy:
(i) The amount of rent that was last set under a tenancy for the dwelling;
(ii) The date the rent was last set under a tenancy for the dwelling;
(iii) A statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to the rent pressure zone formula.

https://www.rtb.ie/rent-pressure-zones/rent-pressure-zones

Duncanwooly

pilly wrote: »

. If the tenant cannot agree to an illegal rent then they shouldn't in the first place. It's dishonesty at best, fraud at worst to do otherwise.

And in this case tenant doesn't even know the previous rent.

A contract, if it is illegal or unfair, unjust, cannot be enforced! Why should the LL be able to flout the law with impunity whilst the tenant is lambasted for trying to exercise his rights as per the law?

pilly

God almighty, I must be losing my mind here! The tenant has ALREADY signed the contract knowing that it's illegal. They haven't gone in all like innocent people being scammed.

There's a big difference. Big.

pilly

gizmo81 wrote: »

Incorrect.

The landlord is legally obliged to furnish documentation to any new tenant of the previous rent.

Additional Requirement for New Tenancies in Rent Pressure Zone
In the case of a new tenancy in a rent pressure zone, a landlord is required to furnish the tenant, in writing, with the following information at the commencement of the tenancy:
(i) The amount of rent that was last set under a tenancy for the dwelling;
(ii) The date the rent was last set under a tenancy for the dwelling;
(iii) A statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to the rent pressure zone formula.

https://www.rtb.ie/rent-pressure-zones/rent-pressure-zones

What exactly is incorrect? I never said it wasn't illegal. I said the tenant signed it knowing it was?

What do you not understand about what I'm saying?

barry181091

barry181091 wrote: »

Rented a new house recently. No previous tenant rental amount was supplied and I am pretty sure we are paying well over a 4% increase. I am in the house now, but would my best bet to wait until the end of the lease and put in an RTB complain to get back rent over the 4%? If I do it now we may be given the boot.

How do you intend on proving what the previous tenants were paying?

Is extremely unlikely the LL provided any details on the previous rent amount to the RTB. So you will just annoy the hell out of your LL for nothing and most likely end up getting evicted as the LL will suddenly need the place for his own use.

Edit: Just to add after the mod warning, I am not advocating the above but warning of the possibility of it happening.

gizmo81

pilly wrote: »

What exactly is incorrect? I never said it wasn't illegal. I said the tenant signed it knowing it was?

What do you not understand about what I'm saying?

I understand what you think you're saying but you are wrong.

The tenant doesn't know it's an illegal rent as the tenant was not furnished the documents required under the new RPZ legislation.

gizmo81

Noelle Most Tang wrote: »

How do you intend on proving what the previous tenants were paying?

Is extremely unlikely the LL provided any details on the rent amount to the RTB. So you will just annoy the hell out of your LL for nothing and most likely end up getting evicted as the LL will suddenly need the place for his own use

This scaremongering telling every tenant they will be evicted for questioning a landlord needs to stop.

Not all landlords are corrupt and may need something pointed out to them with the new legislation.

Graham

pilly wrote: »

God almighty, I must be losing my mind here! The tenant has ALREADY signed the contract knowing that it's illegal. They haven't gone in all like innocent people being scammed.

There's a big difference. Big.

No difference at all in the eyes of the law.

A tenant cannot opt out of their rights or the RPZ rules, obviously to protect them from being coerced into doing so.

Any landlord that is prepared to enter a contract knowing full well it breaches the regulations has only himself to blame when a tenant subsequently seeks to have the breaches remedied.

Graham

Mod Warning: Gizmo81 step away from the moderating. Nox001 step away from the potentially advocating illegal activity.

pilly

gizmo81 wrote:

The tenant doesn't know it's an illegal rent as the tenant was not furnished the documents required under the new RPZ legislation.

So therefore the tenants knows it's an illegal lease?

Graham

pilly wrote: »

So therefore the tenants knows it's an illegal lease?

Which gives them every right to have it corrected.

Landlords beware.

crossmolinalad

Noelle Most Tang wrote: »

How do you intend on proving what the previous tenants were paying?

Is extremely unlikely the LL provided any details on the previous rent amount to the RTB. So you will just annoy the hell out of your LL for nothing and most likely end up getting evicted as the LL will suddenly need the place for his own use.

Edit: Just to add after the mod warning, I am not advocating the above but warning of the possibility of it happening.

I as a tenant got a letter when I moved in the house that the landlord was registered and a question about what the rent was , if it was correct what the landlord told them
If so it was okay if not I had to contact them and telling them what the real rent was
Landlord has to tell them what the rent is and what s included and what not
So when a new tenant shows up on the list the RTB knows what the rent was of the previous tenant

Ms Doubtfire1

crossmolinalad wrote: »

Noelle Most Tang wrote: »

How do you intend on proving what the previous tenants were paying?

Is extremely unlikely the LL provided any details on the previous rent amount to the RTB. So you will just annoy the hell out of your LL for nothing and most likely end up getting evicted as the LL will suddenly need the place for his own use.

Edit: Just to add after the mod warning, I am not advocating the above but warning of the possibility of it happening.

I as a tenant got a letter when I moved in the house that the landlord was registered and a question about what the rent was , if it was correct what the landlord told them
If so it was okay if not I had to contact them and telling them what the real rent was
Landlord has to tell them what the rent is and what s included and what not
So when a new tenant shows up on the list the RTB knows what the rent was of the previous tenant

are you in a RPZ?- question for the OP

crossmolinalad

Ms Doubtfire1 wrote: »

are you in a RPZ?- question for the OP

No I'm not but reacted on this and they do control it

Is extremely unlikely the LL provided any details on the previous rent amount to the RTB.

Ms Doubtfire1

crossmolinalad wrote: »

Ms Doubtfire1 wrote: »

are you in a RPZ?- question for the OP

No I'm not but reacted on this and they do control it

Is extremely unlikely the LL provided any details on the previous rent amount to the RTB.

no they don't - i have a letter from the rtb with the registration and rent is not on there. the rules of 4% only apply in a RPZ which is why I asked the OP if he was in an RPZ.

crossmolinalad

crossmolinalad wrote: »

I as a tenant got a letter when I moved in the house that the landlord was registered and a question about what the rent was , if it was correct what the landlord told them
If so it was okay if not I had to contact them and telling them what the real rent was
Landlord has to tell them what the rent is and what s included and what not
So when a new tenant shows up on the list the RTB knows what the rent was of the previous tenant

This is assuming the previous tenancy was registered and if it was that updated rent was provided to the RTB.

If a tenancy was a few years old its most likely the original rent that the RTB still have on record whereas the previous tenants could have had their rent increased a few times since this.