Is this rent increase legal

juno10353

Renting since 2010. Rent 25% below average. No increase in 4 years. Email received mid December informing that increase next March will be 20% to bring more in line. Is this legal or can landlord only increase 4%.

Mellor

Where are you located?

I think the 4% only applies in particular zones. But the notice they issued might have got in there before those rules came into force. In that case they may be ok as long as it's below the market rate

juno10353

iin the Dublin freeze zone

juno10353

Notice given 15th December and on or slightly below market when increased

whoopsadoodles

Email notices are not valid.

runawaybishop

whoopsadoodles wrote: »

Email notices are not valid.

I think the trb have ruled that they can be previously.

whoopsadoodles

runawaybishop wrote: »

I think the trb have ruled that they can be previously.

If that's the case, my apologies for the misinformation.

Mr. Incognito

The New Act only came in on 23 December so looks legit

runawaybishop

whoopsadoodles wrote: »

If that's the case, my apologies for the misinformation.

Well, CI states email isn't valid but both CI and threshold have been incorrect on their interpretations before. If its valid or not the only way the OP can challenge it is through the TRB.

OP, did you reply to the email or acknowledge it in any way?

juno10353

runawaybishop wrote:

OP, did you reply to the email or acknowledge it in any way?

Acknowledged receipt of email but didnt confirm acceptance

H.P.C

It all looks legit, if the landlord is not willing to negotiate the rent you have two options : take the increase or move out. Take a good look at whats on the market can you find anything better at the increased price....it's a tough time for tenants

ted1

whoopsadoodles wrote: »

Email notices are not valid.

Yes they are, tenants refuse to sign for registered post and claim to not get letters. Email is very legitimate means of communication

whoopsadoodles

What does it mean for the landlord in this case if the OP doesn't accept the rent increase and moves out?

Does the 4% cap on the previous rent apply immediately, or can the landlord legally charge the next tenant the rent to which he had attempted to charge the OP?

whoopsadoodles

ted1 wrote: »

Yes they are

We've already established that. Thanks for your input.

whoopsadoodles

ted1 wrote: »

Yes they are, tenants refuse to sign for registered post and claim to not get letters. Email is very legitimate means of communication

Addressing your edit.

People can just as easily claim they haven't gotten emails.

And having looked more into it last week, after my misinformation was pointed out, I found that the RTB do not accept email as a form of communication with regards to terminating a tenancy. They are quite specific about it. They do not mention this rule in relation to rent increases though .

infogiver

whoopsadoodles wrote: »

Addressing your edit.

People can just as easily claim they haven't gotten emails.

And having looked more into it last week, after my misinformation was pointed out, I found that the RTB do not accept email as a form of communication with regards to terminating a tenancy. They are quite specific about it. They do not mention this rule in relation to rent increases though .

http://www.rtb.ie/dispute-resolution/dispute-resolution/the-three-stages-of-a-tenancy/rent-reviews

It says the notice must be in writing. No doubt someone will be along to say that like Threshold and CIC, PRTB own website is unreliable.

nuac

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