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Mutually agreed, illegal rents

  • 24-01-2017 7:53am
    #1
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭


    Interesting (to me at least) discussion in A&P. A question was asked (in the hypothetical) about mutually agreed rental increases. My feeling was that the agreements would be unenforceable in the rent pressure zones but probably fine while the parties remained in agreement.

    The Planning and Development (Housing) and Residential Tenancies Act 2016 doesn't specifically bar these agreements or make a direction as to repayment should one be made unlike something like the Gaming and Lottery Acts. No doubt such an agreement/clause would be an illegal but would this result in the loss lying where it falls?

    One could quote Collins v Blanton but then it might become obvious exactly which page of the Independant College's KI manual I was ripping off today.


Comments

  • #2
    mrslancaster
    Registered Users, Registered Users 2 Posts: 1,934 ✭✭✭mrslancaster


    it seems there are some landlords who are unable to get market rate rent amount for their property for different reasons. if they are unhappy about the increased rent allowed in rent pressure zones, is there anything to prevent 'other charges' being agreed between LL and tenant?

    some tenant sites suggest that property tax could now be passed on to tenants. can other charges like gardening services, end of tenancy cleaning or repainting, management fees or service charges, owner insurance to name a few. does any legislation or regulations prohibit these costs being passed on to tenants?


  • #3
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Do a search on rent controlled areas in Germany and these extra payments happen there apparently.


  • #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    mrslancaster wrote: »
    it seems there are some landlords who are unable to get market rate rent amount for their property for different reasons. if they are unhappy about the increased rent allowed in rent pressure zones, is there anything to prevent 'other charges' being agreed between LL and tenant?

    some tenant sites suggest that property tax could now be passed on to tenants. can other charges like gardening services, end of tenancy cleaning or repainting, management fees or service charges, owner insurance to name a few. does any legislation or regulations prohibit these costs being passed on to tenants?

    There is extensive provision in the Residential Tenancies Acts concerning the level of rent a landlord can charge.
    If the tenant agrees and later complains the RTB can order a refund. Adding in ancillary charges leaves open the possibility that these would be deemed to be "rent in kind" and also caught. In commercial leases, service charges are deemed to be rent. landlords should be very careful, as a smart ass tenant could agree a higher rent, pay it for ages and then when he wants to move, complain to the RTB.


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