Landlord proposing 50% rent increase or he will renovate

Nordie Durdle

Myself and my partner are living in a one-bed apartment in Drumcondra, it's quite small and an old apartment but in good shape. We are living in it two years this month and yesterday the landlord proposed increasing the rent from €1000 to €1500, the alternative is that we can move out and he will renovate.

He didn't actually make the call himself, his inbetween guy he has to do his dirty work suggested that he will make life difficult for us if we don't accept a hefty increase and try to go by the law.

My partner is in her dream job but it doesnt pay very well and I work in IT but a two year contract just finished and I'm looking for work...so great timing

He gave us 24 hours to think about it. Any advice before I make the call? The guy is a solicitor and has about 200 properties so he's not going to be easy to negotiate with.

myshirt

Just think of all the 500 euros you have saved by avoiding an increase up to this point. 1,500 is there or thereabouts the going rate.

Can you afford it? Do you want to stay?

If so, take it.

GingerLily

You could accept it and then make a claim against him once you have proof he's illegally upped the rent? Disgraceful that he's acting like such a crook!

Gatling

He can increase by 4% not 50 he's chancing his luck with you

liger

Nordie Durdle wrote: »

Myself and my partner are living in a one-bed apartment in Drumcondra, it's quite small and an old apartment but in good shape. We are living in it two years this month and yesterday the landlord proposed increasing the rent from €1000 to €1500, the alternative is that we can move out and he will renovate.

He didn't actually make the call himself, his inbetween guy he has to do his dirty work suggested that he will make life difficult for us if we don't accept a hefty increase and try to go by the law.

My partner is in her dream job but it doesnt pay very well and I work in IT but a two year contract just finished and I'm looking for work...so great timing

He gave us 24 hours to think about it. Any advice before I make the call? The guy is a solicitor and has about 200 properties so he's not going to be easy to negotiate with.

I would refuse to speak to them about it over phone/in person. Insist all proposals for rent increase are in writing, letter or email. otherwise you will continue your tenancy at the previous agreed rate.

Kintarō Hattori

Can he actually put the rent up by 50%? I thought that was illegal and isn't he supposed to get 90 days notice?

maximoose

myshirt wrote: »

Just think of all the 500 euros you have saved by avoiding an increase up to this point. 1,500 is there or thereabouts the going rate.

Can you afford it? Do you want to stay?

If so, take it.

Seriously? This is terrible advice justifying dodgy landlords.

He can't up the rent 500 quid, and he's essentially trying to blackmail you into accepting it with the threat of renovation. I'd report to the RTB and start looking to move, not the kind of person you want to be dealing with.

Tell him you require written notice if he wants to vacate (over 2 years you should be entitled to 8 weeks notice).

amcalester

How much renovating can he do to a one bed?

Short of adding an extra bedroom to it, I can't see the the RTB finding that substantial renovations are being planned.

Has he said what renovations he has planned?

The_Conductor

Obviously what he is doing is unethical - which is why the landlord has insulated himself from the dirty dealings of the situation using an agent to impart this to you.

The landlord can legitimately terminate your Part IV tenancy- on the grounds that he wants to do major renovations- and then relet the property giving you first dibs, at the new rate.

The manner in which its being put to you though- is unethical.

Technically the guy is not in breach with the letter of the law, but he is pumelling the spirit of the law into a pulp, regurgitating it and spitting it out.

If the going rate for the area is now 1,500 (which seems remarkable for a 1 bed apartment)- then, unfortunately, and despite the obnoxiousness of the situation- you only legally have two options- pony up, or leave.

Check out what the going rate is though- the landlord can't simply pluck something from thin air and tell you thats your new rent- it has to be based on market rent. Actually- he can't do that either- because he can't increase the rent by more than 4%.

Honestly- if I were in your situation- I'd pay the increase- and immediately lodge a case with the RTB- requesting expedited assessment at tribunal.

Guys like this- are the types of people who give landlords a bad name- and *need* to be dealt with- for the sake of tenants and compliant landlords elsewhere.

ellobee

he has to give you 90 days notice in writing of any rent reviews

theteal

Any plans to buy soon? Do you need a reference?

During one of his shady phone calls I'd shadily enquire how he thinks he's going to physically remove you from the property if you don't pay his illegal hike? These court cases can drag on....

Either way, not a nice position to be in due to greed

Nordie Durdle

GingerLily wrote: »

You could accept it and then make a claim against him once you have proof he's illegally upped the rent? Disgraceful that he's acting like such a crook!

That is an option, however he will almost certainly find a way to kick us out and then probably try to keep the hefty (1500) deposit. I will research what our options are after the fact thanks.

liger wrote: »

I would refuse to speak to them about it over phone/in person. Insist all proposals for rent increase are in writing, letter or email. otherwise you will continue your tenancy at the previous agreed rate.

I will speak to him first, if I go straight to this tactic he will probably just serve us notice. If he comes back with a bad offer today then yeah I will go down this route. Thanks.

Kintarō Hattori wrote: »

Can he actually put the rent up by 50%? I thought that was illegal and isn't he supposed to get 90 days notice?

Yeah I suggested this and the response was that he is within his rights to renovate, seemingly by law we would be given first refusal but I think all bridges will be burned by that point!

maximoose wrote: »

He can't up the rent 500 quid, and he's essentially trying to blackmail you into accepting it with the threat of renovation. I'd report to the RTB and start looking to move, not the kind of person you want to be dealing with.

Tell him you require written notice if he wants to vacate (over 2 years you should be entitled to 8 weeks notice).

Unfortunately this is looking most likely, it's just daunting given the difficulty finding anywhere at the moment on a budget - especially on a tight schedule.

amcalester wrote: »

How much renovating can he do to a one bed?

Short of adding an extra bedroom to it, I can't see the the RTB finding that substantial renovations are being planned.

Has he said what renovations he has planned?

No but the place is old and damp, he could easily strip the place bare and completely refit, it would certainly increase the monthly value, it still wouldn't be worth 1500 though.

ellobee

The_Conductor wrote: »

Obviously what he is doing is unethical - which is why the landlord has insulated himself from the dirty dealings of the situation using an agent to impart this to you.

The landlord can legitimately terminate your Part IV tenancy- on the grounds that he wants to do major renovations- and then relet the property giving you first dibs, at the new rate.

A ‘substantial refurbishment’ must be a significant change to the dwelling resulting in increased market value of the tenancy. Therefore this would involve significant alterations or improvements which add to the letting value of the property - usually involving major building works or works requiring planning permission. For example, simple repainting or replacement of white goods would not be sufficient.

do you know what his renovation plans are??

Achasanai

myshirt wrote: »

Just think of all the 500 euros you have saved by avoiding an increase up to this point. 1,500 is there or thereabouts the going rate.

Unless things have changed drastically since the new year, 1500 is certainly not the going rate for a one bed in Drumcondra.

I saw a few one-beds in Drumcondra for the 1250 mark (even one two-bed for 1400).

Does that 4% legal price rise include if a landlord renovates and then puts back on the market? If so, is calling his bluff an option?

Nordie Durdle

theteal wrote: »

Any plans to buy soon? Do you need a reference?

During one of his shady phone calls I'd shadily enquire how he thinks he's going to physically remove you from the property if you don't pay his illegal hike? These court cases can drag on....

Either way, not a nice position to be in due to greed

Usual story, wish to buy but are a couple of years away from having a deposit. :rolleyes:

The_Conductor wrote: »

Obviously what he is doing is unethical - which is why the landlord has insulated himself from the dirty dealings of the situation using an agent to impart this to you.

The landlord can legitimately terminate your Part IV tenancy- on the grounds that he wants to do major renovations- and then relet the property giving you first dibs, at the new rate.

The manner in which its being put to you though- is unethical.

Technically the guy is not in breach with the letter of the law, but he is pumelling the spirit of the law into a pulp, regurgitating it and spitting it out.

If the going rate for the area is now 1,500 (which seems remarkable for a 1 bed apartment)- then, unfortunately, and despite the obnoxiousness of the situation- you only legally have two options- pony up, or leave.

Check out what the going rate is though- the landlord can't simply pluck something from thin air and tell you thats your new rent- it has to be based on market rent. Actually- he can't do that either- because he can't increase the rent by more than 4%.

Honestly- if I were in your situation- I'd pay the increase- and immediately lodge a case with the RTB- requesting expedited assessment at tribunal.

Guys like this- are the types of people who give landlords a bad name- and *need* to be dealt with- for the sake of tenants and compliant landlords elsewhere.

Going rate is 1250 by my estimation. Thanks I think this is pretty much my line of thinking now, suck it up initially, go to RTB and start looking elsewhere while dealing with the inevitable trouble afterwards.

It's fairly depressing the power dynamic here, especially as we were ideal tenants, no complaints, noise, moaning or late rent for two years, seemingly that isn't a factor.

Nordie Durdle

ellobee wrote: »

do you know what his renovation plans are??

No but surely he could strip everything down to the bare walls, replace the rather decrepid looking kitchen and bathroom, perhaps knock a wall and refit everything. I would imagine that would be substantial enough.

Nordie Durdle

Achasanai wrote: »

Does that 4% legal price rise include if a landlord renovates and then puts back on the market? If so, is calling his bluff an option?

I spoke briefly to the nice guys at Threshold and they reckoned it can go back at the 'going rate', so probably 1300 at a push, personally I think he would choose 1300 over a 4% yearly increase.

We can only afford maybe 1200 tops, if he goes above that then we will probably do what was suggested above, RTB and look elsewhere.

Michael D Not Higgins

If you can't afford it then you're going to have to move eventually. However, if he wants to play the game you can drag it out. I don't normally advise this course of action as it just leads to hostility on both sides but if the landlord is going to flout the laws so brashly, you have a few options in your pocket.

At the moment you have no proof beyond your word. Ask for the rent increase in writing, then you have 90 days notice and you can dispute it with the RTB. Don't tell the landlord what's wrong with the notice. It likely has a few things wrong with it, e.g. not 90 days notice, not 4% increase, not including 3 examples to justify market rent, etc. It's likely the landlord will attempt the renovation route then, which will give you another 56 days notice and you can also dispute but you will end up in a flat with a hostile landlord.

Your best bet is to start looking for other accommodation now if you're planning to dispute his actions.

dr.fuzzenstein

Nordie Durdle wrote: »

I spoke briefly to the nice guys at Threshold and they reckoned it can go back at the 'going rate', so probably 1300 at a push, personally I think he would choose 1300 over a 4% yearly increase.

We can only afford maybe 1200 tops, if he goes above that then we will probably do what was suggested above, RTB and look elsewhere.

All legal points aside, you could call back and offer him 1200. Tell him he could take that and save himself a lot of hassle and everyone is happy. Sometimes the human approach works wonders rather than both parties immediately coming out all guns blazing. He's a solicitor, he understands settlements.
Mention ethics and you've lost him.

Hack12

(1) He must give you written notice in a lettter (email is not legally accepted as per RTB) outlining the proposed increase.
(2) He can only increase the rent 4% per annum since your last rent increase. There is a calculator on the RTB site to do this as its not a straight forward 4% pa.
(3) Have you a lease? Where you given all the relevant documents such as BER Cert etc? If not he broke the law and could be fined.
(4) Check to see if the tenancy ia registered with the RTB. If not more trouble for him.
(5) If he is proposing works to increase the rent and you have to move out depending on length of time living at the property he will have to give you adequate notice as once you are living in a property over six months it turns into what is known as a Part IV lease. See RTB site.

Best advise is phone RTB and they will set u
you straight

stateofflux

OP i would do absolutely nothing for a few weeks and avoid contact. Just let things play out to see what happens.

Idbatterim

the landlord isnt even doing his own dirty work. So while the landlord maybe a bit pissed off, so what...

The_Conductor

Idbatterim wrote: »

the landlord isnt even doing his own dirty work. So while the landlord maybe a bit pissed off, so what...

While I do get what you're saying- if he has a string of properties- he obviously has one or more agents to help with running them- this doesn't excuse the stunt he is pulling though.

gizmo81

Accept the increase because of coercion.

Then immediately take a case to the RTB.

If he then seeks to terminate on the grounds of renovation it will be seen as punitive and the RTB will take a dim view of it.

This is completely in line with your rights.

blacklilly

gizmo81 wrote: »

Accept the increase because of coercion.

Then immediately take a case to the RTB.

If he then seeks to terminate on the grounds of renovation it will be seen as punitive and the RTB will take a dim view of it.

This is completely in line with your rights.

Just be careful on this point. My understanding is that if you do not reply to the Landlord in writing disputing the increase and lodge a case with the PRTB prior to the increase it will be deemed that you have accepted the increase

My advice is to get his proposed increase in writing and lodge a case with the PRTB.

Browney7

Thinking out loud, if the OP accepts 1500 and gets a one year fixed term out of it can they then go to the RTB to dispute the rent rise being illegal due to the RPZ legislation and say they were unaware of this provision in law at the time and claim coercion etc. Still then get a year further where LL can't even invoke the renovation clause as he has given a fixed term?

gizmo81

I agree, however, it's going to be difficult to get the 'threat of homelessness' on paper.

If you accept the increase a case still can be taken because it is an illegal increase beyond the 4%. Go straight to adjudication for €15 and there you'll be able to voice about the threats.

blacklilly wrote: »

Just be careful on this point. My understanding is that if you do not reply to the Landlord in writing disputing the increase and lodge a case with the PRTB prior to the increase it will be deemed that you have accepted the increase

My advice is to get his proposed increase in writing and lodge a case with the PRTB.

The_Conductor

blacklilly wrote: »

Just be careful on this point. My understanding is that if you do not reply to the Landlord in writing disputing the increase and lodge a case with the PRTB prior to the increase it will be deemed that you have accepted the increase

My advice is to get his proposed increase in writing and lodge a case with the PRTB.

The landlord *has* to advise of the increase formally.
The OP is entitled to 90 days notice of the increase.
Once validly served with notice of the increase- the OP has 28 days to dispute it.

I strongly suspect the landlord will not serve a formal notice of increase- as regardless of the suggestion that they will renovate if the OP does not accept the increase- the increase, in itself, is illegal, without the renovation.

If the OP can get a formal notice of increase from the landlord- they are home and dry.

Browney7

The_Conductor wrote: »

The landlord *has* to advise of the increase formally.
The OP is entitled to 90 days notice of the increase.
Once validly served with notice of the increase- the OP has 28 days to dispute it.

I strongly suspect the landlord will not serve a formal notice of increase- as regardless of the suggestion that they will renovate if the OP does not accept the increase- the increase, in itself, is illegal, without the renovation.

If the OP can get a formal notice of increase from the landlord- they are home and dry.

This is true - he'll probably invoke renovation instead of rent review then as he knows he's in the wrong. Up to the OP if they wish to dispute at that point.

OP's word against the landlord's regarding the increase.

testaccount123

Nordie Durdle wrote: »

It's fairly depressing the power dynamic here, especially as we were ideal tenants, no complaints, noise, moaning or late rent for two years, seemingly that isn't a factor.

You are misunderstanding the 'power dynamic' here IMO.

Nordie Durdle

testaccount123 wrote: »

You are misunderstanding the 'power dynamic' here IMO.

How so?

testaccount123

Nordie Durdle wrote: »

How so?

You have legal possession of the property and significant protection under Irish law.

'Work to rule' on the process. Dont initiate any contact, insist on everything in writing. Ignore imaginary '24 hour deadlines' this chancer has dreamed up. Tell him you are busy this week and will get to his request later in the month. Only engage with actions explicitly allowed under the RTA.

Worst case scenario is he illegally evicts you several months from now, in which case you will be in line for a payday down the road.

Relax, youve plenty of time here.

wordofwarning

OP look at it this way. He is a solictor with 200 properties. If he goes to the RTB over this, a solictor with 200 properties giving tenants and illegal rent increase of 50% is likely going to end up in the papers. It will only create issues with his other 200 properties. If he is a nice partner in a Big Five firm, it will not go down well with the firm.

I would do nothing. Tell the agent you want it in writing if they come back to you. File a complaint with the RTB with the notice if you get of the rent increase.

If you are evicted for the said renovations. Try and find out if renovations were in fact carried out. If they weren't, you can file a dispute with the RTB for an illegal eviction. If you are evicted for renovations, tell them you will be wanting first offer of the property when the renovations are carried out (you can demand this).

If you checked this landlords name on the RTB site for disputes?

TimeToShine

Play your cards right here and there is a tidy pay day in store for you.

Listen to the advice here and don't be bullied by silly imaginary deadlines - you have all the time in the world and then some. Document everything he does and email it to yourself so it's timestamped.

Mrs OBumble

maximoose wrote: »

Seriously? This is terrible advice justifying dodgy landlords.

He can't up the rent 500 quid, and he's essentially trying to blackmail you into accepting it with the threat of renovation. I'd report to the RTB and start looking to move, not the kind of person you want to be dealing with.

I'd do it the other way around.

Accept it for now. Get yourself a job. Then find somewhere else to live, and take him to the RTB after that. Tell them that he bullied you into paying an illegal amount, and with the shortage of properties you felt you had no choice.

Nordie Durdle

Thanks for all the good advice everyone. Someone asked above - yes the property is registered with the RTB so it looks like he is chancing his arm or has spotted an investment opportunity in renovating.

Mrs OBumble wrote: »

Accept it for now. Get yourself a job. Then find somewhere else to live, and take him to the RTB after that.

This looks the most likely course of action for us. We've been steadily getting more angry about this for 24 hours. I don't think staying as hostile tenants is any better than trying to force our way into staying under a hostile landlord.

Move to the sticks and try to save a deposit. Fun times.

testaccount123

Move if you want, nobody wants to be uncomfortable in their own home. But dont be bullied out, leave when it suits you under your own terms.

Too many tenants let these scumbags walk all over them.

runawaybishop

Why would you accept the increase? In fact, what increase? You didn't get an increase, someone mentioned something over the phone but you received no paperwork. Ask for it written down.

testaccount123

runawaybishop wrote: »

Why would you accept the increase? In fact, what increase? You didn't get an increase, someone mentioned something over the phone but you received no paperwork. Ask for it written down.

You are right that there is no increase, but theres no need to be helping the landlord or his agent out by asking for the increase in writing. OP better off ignoring any illegal notices.

The_Conductor

Just keep in mind- if the OP's landlord has 200 properties (who is to say he/she hasn't)- they'd not be a landlord for long- if they were constantly tied up with RTB tribunals......... This could be an agent bollixing up as quickly as it could be the landlord (who is a solicitor- and doubtless knows the law)- acting the maggot.

There are a lot of assumptions being made here.

OP- deal with the agent in writing- be it e-mail, text message- or whatever form of communication you can get out of them- but not verbal. Anything said verbally is hearsay. You need to keep track of what is happening- in an irrefutable manner- so you have decent records to show the RTB- if, and it is an 'if', it gets to that stage.

From the limited detail the OP has given- its not implausible that the landlord may be doing up the unit- in preparation for charging the proposed 1,500 pm.

The OP needs clarity in writing- is the tenancy being ended because the landlord wishes to do up the property- if so, they need the requisite notice to end the tenancy- which as they have been there over 2 years, but less than 4 years- is 8 weeks (56 days) unless they come to a mutually agreeable alternate with the landlord.

The rent increase- while I have no reason to believe the agent wasn't serious- is moot here- nothing verbal means anything- and until such time as there has been a formal valid notice of rent review delivered to the OP (which I'd be flabergasted if there was to be)- its moot.

In a situation like this- the landlord does not want the tenant to remain in the property- even at the higher rent- they want vacant possession of the property to do up the property and to relet at the higher rate. The OP- will have first dibs on it- when it is done up.

The agent- isn't concerned with this- he/she is concerned with money. Typically agents get a 10% cut of the gross rental income- for managing the tenancy. This agent wants his 30-40 quid extra, come what may- and may have said what they said- with this in mind.

OP- you need formal notice from the landlord- that they are ending the tenancy- and the right notice should be specified (56 days).

The more I think about this- if the landlord has 200 properties- they're not going to be familiar with the intricacies of each tenancy- and they're probably renovating properties on a schedule (I know I would- if I were the landlord). Its just as likely that the agent is doing a solo run on this- however, in the absence of anything formal in writing- nothing is happening.

One way or the other- the OP is out of the property- he gets 8 weeks notice anyhow- he may be able to drag it out a bit longer- but if the landlord is a solicitor and thoroughly familiar with the legislation- which you would have to assume they are- there is no reason to believe that the OP will be given any just cause to lodge an RTB case.

OP- wait until you get formal notice in writing from the landlord. Forget about the 'increase in rent to 1500 a month'- thats just bluster on the part of the agent- he/she *is* using bully boy tactics- however, the landlord is not going to go along with this- they'd be nuts to do so.

gizmo81

I believe there will be no formal notice of a rent increase. If the tenant doesn't accept it by just paying it then I believe that a formal notice of termination will be furnished for renovation.

I would open a dispute today stating the coercion into taking a illegal rent increase. Then when the formal notice for termination comes, the RTB will have to judge to take your word of the threat or believe you are in fact Mystic Meg.

NinetyTwoTeam

Mrs OBumble wrote: »

I'd do it the other way around.

Accept it for now. Get yourself a job. Then find somewhere else to live, and take him to the RTB after that. Tell them that he bullied you into paying an illegal amount, and with the shortage of properties you felt you had no choice.

Why would you advise the tenant allow the landlord to break the law and cause financial hardship on him? If someone advised a tenant to stop paying rent they would be threatened with a ban. If the OP was in work, would your advice be 'tell your boss you want a raise'?

The PRTB process takes a while. I would open the dispute straight away. This cowboy knows he can't do anything without written notice so he is going to avoid that, and when he gets wind of the dispute he's likely to be even more careful about what he does, if he tries the renovation route he will have to show proof it was done, etc. and that he is seeking market rate. If he thinks he's dealing with someone who doesn't know their rights and won't fight back, he'll be less worried about fulfilling those legal requirements. Filing now sends a message that the tenant is serious about being treated fairly and insists on their LL doing things legally.

There's no point trying the soft approach based on the LLs actions. It's a massive, illegal increase that was conveyed in a manner which was underhanded and is not legally valid. Also, you don't need a crystal ball to predict that there could also be trouble getting the deposit back off this guy, so open a dispute now because if it goes to tribunal you can show a timeline of his actions, first the illegal increase, then the 'renovation' loophole, and then if it happens, the deposit retention. Getting him on the RTB radar now might avoid him trying the latter two.

The_Conductor

gizmo81 wrote: »

I believe there will be no formal notice of a rent increase. If the tenant doesn't accept it by just paying it then I believe that a formal notice of termination will be furnished for renovation.

I would open a dispute today stating the coercion into taking a illegal rent increase. Then when the formal notice for termination comes, the RTB will have to judge to take your word of the treat or believe you are in fact Mystic Meg.

Yes- there has to be a formal notice of rent increase- however, its not going to happen- the landlord is a solicitor with 200 properties- and when he sees the proposed rent increase (from the agent)- he'll nuke it- as quite simply, its illegal- and the landlord has better things to do, than waste time at an RTB tribunal. In addition- he probably has a small team on retainers to do renovations- and its simply gotten to the OP's apartment on their list.

The agent is being an arse- however, there most certainly is not going to be a formal notification of increase in rent- for the simple reason, its an illegal increase, and the OP's landlord really doesn't need the hassle of an indefensible RTB case- they are not going to go there.

Ms Doubtfire1

gizmo81 wrote: »

I believe there will be no formal notice of a rent increase. If the tenant doesn't accept it by just paying it then I believe that a formal notice of termination will be furnished for renovation.

I would open a dispute today stating the coercion into taking a illegal rent increase. Then when the formal notice for termination comes, the RTB will have to judge to take your word of the treat or believe you are in fact Mystic Meg.

A formal notice of termination due to renovation will have to be accompanied by various other documents. Dispute it every step on the way - you have plenty of times.Right now,I'd lodge a claim with the PRT - for illegal rent increase.that way you have a reference that makes it possible to link the illegal rent increase to a renovation termination - which might help your case in front of the RTB. Do NOT give in.

jimmycrackcorm

wordofwarning wrote:

If you are evicted for the said renovations. Try and find out if renovations were in fact carried out. If they weren't, you can file a dispute with the RTB for an illegal eviction. If you are evicted for renovations, tell them you will be wanting first offer of the property when the renovations are carried out (you can demand this).

As the landlord is obliged to offer the renovated property to the op first, it is an ideal opportunity to check if they were substantial.

Op can only afford 1200 so they should be looking to move to somewhere at that most. The landlord is changing his arm so pay him at his game, there might be a nice rtb payout.

The_Conductor

Ms Doubtfire1 wrote: »

A formal notice of termination due to renovation will have to be accompanied by various other documents. Dispute it every step on the way - you have plenty of times.Right now,I'd lodge a claim with the PRT - for illegal rent increase.that way you have a reference that makes it possible to link the illegal rent increase to a renovation termination - which might help your case in front of the RTB. Do NOT give in.

The OP does not have an illegal rent increase- until such time as they get a formal notification of rent increase from their landlord.
This is not going to happen.

The landlord wants to renovate their property- and they probably have a team on retainer to do renovations. They do not need to supply details of the team who are going to be doing the work to the tenant- contrary to what some tenants seem to imagine. They do need to do significant renovations- and if challenged, they have to be able to defend the renovations.

As the landlord is a professional landlord with 200 properties under their belt- one has to assume they know what they are doing- and are not some fly by night operation.

The very best the OP is going to get out of this- is an extension on leaving the property- and a first refusal on the property once the renovations have been conducted.

You can go in all guns blazing all you like- but without a formal notice of anything- whatsoever- the OP getting onto the RTB, paying their 15 quid and saying they've an illegal rent review- is hearsay- they haven't had a rent review, period, it hasn't happened.

The OP is entitled to 8 weeks notice of the termination of the tenancy on the grounds that their landlord wishes to renovate the property. They may be able to amicably negotiate a longer spell (within reason)- that is it though.

Its a waste of the OP's time (and their 15 quid) to lodge a case at this point in time- as quite simply put, they don't have a case. Until such time as the OP has been notified of what is happening in writing- nothing is happening.

gizmo81

The_Conductor wrote: »

Yes- there has to be a formal notice of rent increase- however, its not going to happen- the landlord is a solicitor with 200 properties- and when he sees the proposed rent increase (from the agent)- he'll nuke it- as quite simply, its illegal- and the landlord has better things to do, than waste time at an RTB tribunal. In addition- he probably has a small team on retainers to do renovations- and its simply gotten to the OP's apartment on their list.

The agent is being an arse- however, there most certainly is not going to be a formal notification of increase in rent- for the simple reason, its an illegal increase, and the OP's landlord really doesn't need the hassle of an indefensible RTB case- they are not going to go there.

I don't get from the OP that the guy who visited is anything other than a lackey. I don't see him as an established agent registered with the PSR. Perhaps the OP could clarify this?

Having just been at the RTB, this man is the landlords representative and whether the landlord knew he was acting in this manner will be irrelevant to the board as he is the landlords representative.

The_Conductor

jimmycrackcorm wrote: »

As the landlord is obliged to offer the renovated property to the op first, it is an ideal opportunity to check if they were substantial.

Op can only afford 1200 so they should be looking to move to somewhere at that most. The landlord is changing his arm so pay him at his game, there might be a nice rtb payout.

Its not necessarily an opportunity to check anything at all.
There is no definition of 'substantial renovation'.
It does not necessarily need planning permission- or need to be structural in nature.

Yes- the OP gets first dibs on the renovated property- however suggesting they have a payday from the RTB- really is putting the cart before the horse- there is absolutely no indication whatsoever that this would be the outcome.

Also- there is nothing whatsoever to stop the landlord having his own team do up the property- he/she is under no obligation whatsoever to have external contractors in to do up the property- or to show receipts to the tenant to prove this. Bring it to the RTB after the fact- if you wish- however, given the lack of a definition- and the fact that the landlord has quite a collection of properties which he/she is doubtless renovating on a schedule- I'd honestly be surprised if they were not in a position to justify this.

I agree- the agent is an ass- who shouldn't have said what he said- however, there is nothing to say this has any meaning in fact- and in the absence of anything in writing- is hearsay.

Wait until you get something in writing- and be rational.

The_Conductor

gizmo81 wrote: »

I don't get from the OP that the guy who visited is anything other than a lackey. I don't see him as an established agent registered with the PSR. Perhaps the OP could clarify this?

Having just been at the RTB, this man is the landlords representative and whether the landlord knew he was acting in this manner will be irrelevant to the board as he is the landlords representative.

He hasn't done anything though- until such time as there is a paper trail to prove otherwise.

There has been no notice of renovations- and there has been no formal rent review.

You're putting the cart before the horse.

gizmo81

The_Conductor wrote: »

The OP does not have an illegal rent increase- until such time as they get a formal notification of rent increase from their landlord.
This is not going to happen.

The landlord wants to renovate their property- and they probably have a team on retainer to do renovations. They do not need to supply details of the team who are going to be doing the work to the tenant- contrary to what some tenants seem to imagine. They do need to do significant renovations- and if challenged, they have to be able to defend the renovations.

As the landlord is a professional landlord with 200 properties under their belt- one has to assume they know what they are doing- and are not some fly by night operation.

The very best the OP is going to get out of this- is an extension on leaving the property- and a first refusal on the property once the renovations have been conducted.

You can go in all guns blazing all you like- but without a formal notice of anything- whatsoever- the OP getting onto the RTB, paying their 15 quid and saying they've an illegal rent review- is hearsay- they haven't had a rent review, period, it hasn't happened.

The OP is entitled to 8 weeks notice of the termination of the tenancy on the grounds that their landlord wishes to renovate the property. They may be able to amicably negotiate a longer spell (within reason)- that is it though.

Its a waste of the OP's time (and their 15 quid) to lodge a case at this point in time- as quite simply put, they don't have a case. Until such time as the OP has been notified of what is happening in writing- nothing is happening.

I wholeheartedly disagree with this. The landlords representative visited the OP and threatened them with an illegal eviction unless they paid an illegal 50% rent increase.

Yes it a case of who's word is more reliable. But thats what courts deal with and the RTB from experience is no different. My last RTB case they specifically stated that i was more credible than the third party.

I'd open a dispute, if the notice of termination for renovation comes before the landlord is notified by the RTB then all good. If it doesn't and he seeks to proceed with the notice after the dispute it could be considered punitive.

Why would the OP open a case if there wasn't a threat? What has he to gain from opening an a dispute, this is what the RTB will consider.

The_Conductor

Perhaps the OP can clarify- but my reading of it was they got a phone call- from the middleman- advising the landlord wishes to renovate and increase the rent to 1,500 pm. I don't believe the OP was visited by the middleman- to be brutally honest- I'd have witnesses present and the cops on speed dial- if they had someone turn up like a thug- which is the way I'm reading what you're suggesting.

Several large landlords with property in the Drumcondra area have been approached by DCU and other institutions, who are trying to source high quality units for staff and visitors. The landlord who apparently has 200'ish properties- isn't going to be stupid enough to hang themselves out to dry.

I don't doubt that there was discourse between the OP and the landlord's agent- however, I seriously doubt there is anything of substance there that could be acted on- and in the context of the recent call for property in the area- it wouldn't be very hard for the OP's landlord to show he had reason to renovate/dollyup the property.

I know the OP is peeved- the landlord wants to do up the property- and get market rate for it- however, this is not unusual. The OP will need to get formal notice of this- with the requisite notice (8 weeks).

Lodge a case with the RTB to your hearts content- all you're doing though is delaying the inevitable.