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Voluntary pay a higher rent?

  • 19-08-2018 11:03am
    #1
    davemie
    Registered Users, Registered Users 2 Posts: 99 ✭✭


    This is completely a hypothetical situation, but let's say that a tenant in a RPZ had their rent legally set to 500 euro and decided to move out of the house *one* year later.

    It's my understanding that the landlord is not allowed to rent the house to a new tenant for more that 500 euro plus 4%.

    Since there is a huge shortage of houses to rent at the moment, could a desperate tenant legally volunteer to pay more that the amount the landlord is legally allowed to increase the rent to?

    I guess what I'm trying to ask, while it is not legal for the landlord to forcefully increase rent by more than a set amount, is it legal for a tenant to "voluntary" (note double quotes) offer to pay more than that set amount?


Comments

  • #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    I'd say it happens a lot, still illegal though for the LL to charge more than rules allow in a RPZ, but if the tenant is the one offering, then it would be hard to refuse.


  • #3
    davemie
    Registered Users, Registered Users 2 Posts: 99 ✭✭davemie


    Sure I fully expect it to be happening, but from a legal POV I was just wondering how the rules were worded, and could this be a loop hole.

    The tenant could offer a higher rent at the start, but after six months stop paying it.


  • #4
    Graham
    Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    davemie wrote: »
    Sure I fully expect it to be happening, but from a legal POV I was just wondering how the rules were worded, and could this be a loop hole.

    Nope. Tenants cannot opt out of the law.


  • #5
    Sleeper12
    Registered Users, Registered Users 2 Posts: 17,190 ✭✭✭✭Sleeper12


    It goes on all the time in Dublin but as stated above it is illegal.


  • #6
    Graham
    Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Sleeper12 wrote: »
    It goes on all the time in Dublin but as stated above it is illegal.

    any landlord dumb enough to go for it is leaving themselves wide open to an RTB case.


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  • #7
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    davemie wrote: »
    I guess what I'm trying to ask, while it is not legal for the landlord to forcefully increase rent by more than a set amount, is it legal for a tenant to "voluntary" (note double quotes) offer to pay more than that set amount?
    If all verbal and on the low, what stops the tenant from opening a PTRB case against the LL at a later stage claiming that the LL is charging them above the RPZ rent cap?


  • #8
    Baby01032012
    Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    Tenant can’t opt out of law.

    However how does tenant know what previous tenant paying unless they were a friend?

    In theory landlord or agent needs to advise new tenant what previous tenant was paying, they are obliged to provide supporting calculation for the new rent. In reality this doesn’t happen.


  • #9
    Graham
    Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Mod Note

    friendly reminder from the forum charter
    Giving Legal Advice / Advocating illegal activity
    Illegal stuff is illegal. It’s site-wide policy that advice, hints or suggestions of illegal or dubiously legal action are forbidden. Same applies to users who are looking for ways to circumvent situations in an illegal manner. Posts will be removed or snipped and the user may incur a ban or infraction for it.


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