abusing rental cap's

utmbuilder

Every profession has rogue's , the rental cap's are being abused by a small number of landlords who are not following the rule of law. Not being on the rental index is easier than avoiding income tax on rentals. So everyone has a paper trail of what rents they charged.

Could rogue landlords be rightly setting themselves up to be screwed legally? If a new tenant decides to take a landlord to the RTB 3 years down the line after paying the rent, and when they no longer need the landlord, argues breach of the rental cap's could the RTB issue a fine for the over payments?

If so , could the landlord get back the over paid taxes he would of paid to Revenue.

With such awareness for the rule of law in regards to renting and so many people passing through the RTB (they are even booking hotels now to hear extra meetings daily), is the day of judgement finally going to come to those who break the rules?

Boater123

utmbuilder wrote: »

Every profession has rouge's ,

Could rouge landlords be rightly setting themselves up to be screwed legally?

What the hell is a rouge landlord and how do I become one??!?;)

Seriously though, yes, sooner or later rogue practises will come back to bite you

VonBeanie

Soon, nobody will need to worry about rogue landlords.

When all private landlords have left the market, that will do away with all those rogues.

the_syco

utmbuilder wrote: »

If a new tenant decides to take a landlord to the RTB 3 years down the line after paying the rent, and when they no longer need the landlord, argues breach of the rental cap's could the RTB issue a fine for the over payments?

Three years down the line, what proof would the tenant have that the rent was illegally increased, and also they'd have to be sure that no refurbishment took place that would allow the LL to bypass the RPZ rule.

VonBeanie wrote: »

Soon, nobody will need to worry about rogue landlords.

When all private landlords have left the market, that will do away with all those rogues.

This. It won't be a case of the LL not increasing the rent as they've good tenants; it'll be a case of the REIT's increasing the rent every two years by the max allowed, and automatic letters should anyone fall behind in rent, cause be damned!

Graham

the_syco wrote: »

Three years down the line, what proof would the tenant have that the rent was illegally increased, and also they'd have to be sure that no refurbishment took place that would allow the LL to bypass the RPZ rule.

For most tenants I would guess a regular standing order pre and post rent increase would suffice.

I predict there will be at least a few cases where landlords find themselves refunding overpayments and facing a fine.

Ms Doubtfire1

don't these kind of things expire at some point? Can you file a claim about a landlord years after the fact?

DubCount

Ms Doubtfire1 wrote: »

don't these kind of things expire at some point? Can you file a claim about a landlord years after the fact?

Civil actions (contracts etc) are generally limited to 6 years as far as I know. Not sure if there is a specific limitation on RTA - its probably indefinite for a breach by a landlord and 5 days for a breach by a tenant :rolleyes:

Graham

Graham wrote: »

For most tenants I would guess a regular standing order pre and post rent increase would suffice.

I'd guess he is referring to a new tenant not a current one who got a rent increase.

the_syco

Graham wrote: »

For most tenants I would guess a regular standing order pre and post rent increase would suffice.

I'm assuming by "new" it means that the tenant wasn't there before the rent increase.

utmbuilder wrote: »

If a new tenant decides to take a landlord to the RTB 3 years down the line after paying the rent