Rental Deposit

trumpscombover

I have been renting the same apartment for a couple of years as a part 4 tenancy. I moved out a month ago and left the apartment clean and tidy. I took a video of how I left it but have no photos. The landlord is now trying to retain the deposit for cleaning. Two weeks ago I spotted the apartment on Daft for €300 more than I was renting. It is in the rent pressure zone. I am so annoyed but not that surprised. Is the rtb the next step as have tried contacting him numerous times. Any advice?

Paulw

Yep. File a dispute with the RTB.

FishOnABike

I take it your previous rent wasn't €7500 per month then. ;-)

trumpscombover

Haha no chance! Can anything really be done when this sort of thing happens though? Are there any real repercussions for him raising the rent so much?

Pkiernan

trumpscombover wrote: »

Haha no chance! Can anything really be done when this sort of thing happens though? Are there any real repercussions for him raising the rent so much?

When was the last time the rent was raised?
He may be in his rights to increase by 300 pm.
Check the RTB calculator.

trumpscombover

No there was a raise a few months before I left. I was informed of the raise in late December last year so unless rents can be raised every six months I highly doubt it. I thought it could only be raised 4% at any rate? Or did I take that up wrong?

FishOnABike

trumpscombover wrote: »

No there was a raise a few months before I left. I was informed of the raise in late December last year so unless rents can be raised every six months I highly doubt it. I thought it could only be raised 4% at any rate? Or did I take that up wrong?

It is pro rataed since the last increase but capped at 4% per year so if the rent hadn't been reviewed in two years for example it could be raised by 8%.

A €300 raise would have required a rediculous previous rent or not having had any review in a rediculous ammount of time. Hence my tongue in cheek question about the previous monthly rent.

You can make a complaint to the RTB about withholding your deposit. Pointing out the illegal rent review at the same time would probably help make the case of the LLs unreasonable disregard for tenancy law and improve your chances of a favourable ruling on the witholding of your deposit.

I don't know if the RTB would follow up your third party complaint of an illegal rent increase on behalf of the new tenant without them making a complaint themselves but the RTB might do given its recently extended powers to prosecute.

whomitconcerns

FishOnABike wrote: »

trumpscombover wrote: »

No there was a raise a few months before I left. I was informed of the raise in late December last year so unless rents can be raised every six months I highly doubt it. I thought it could only be raised 4% at any rate? Or did I take that up wrong?

It is pro rataed since the last increase but capped at 4% per year so if the rent hadn't been reviewed in two years for example it could be raised by 8%.

A €300 raise would have required a rediculous previous rent or not having had any review in a rediculous ammount of time. Hence my tongue in cheek question about the previous monthly rent.

You can make a complaint to the RTB about withholding your deposit. Pointing out the illegal rent review at the same time would probably help make the case of the LLs unreasonable disregard for tenancy law and improve your chances of a favourable ruling on the witholding of your deposit.

I don't know if the RTB would follow up your third party complaint of an illegal rent increase on behalf of the new tenant without them making a complaint themselves but the RTB might do given its recently extended powers to prosecute.

I don't think your 8% is correct. The increases aren't stackable year on year as far as I understand

Michael D Not Higgins

whomitconcerns wrote: »

I don't think your 8% is correct. The increases aren't stackable year on year as far as I understand

That depends on when the review is done. The first review for existing tenancies after the new legislation came in is 2% per annum and can only be done 2 years after the last review or from the start of the tenancy. Subsequent ones are 4% per annum and can happen annually. New tenancies after December 24th 2016 are 4% per annum.

Since the legislation only came in December last year, the first time a 2 year review would result in an 8% increase legally would be December 2018.