Another rent increase thread

Padre_Pio

Hi,

I live in an house with two other people, in a rent pressure zone. I moved in about 6 months ago. The rent for the apartment is 1500 a month, but it's not split equally.

The landlord decided the small room would cost 400 and the two larger rooms cost 550 each. Room mate 1 in the larger room is moving out and the landlord is advertising his room for 650, and told myself and roommate 2 our rent would be increasing by about 50 euro each a month too from January next year.

I don't think my rent can be increased less than 12 months after I move in, and I don't think it can be increased more than inflation. I just don't know how it works when he sets the rent per room, and not for the whole apartment though.

Roommate 2 has lived there just over a year, so I presume his rent can go up?

There are no leases signed, everything is very loose.

Any advice on how to approach this?

paulieeye

Did you sign a lease? edit - just read that you didnt

I suspect he can raise it if it wants as there is no lease but no sure tbh. You should ask him for a lease this time so he doesnt do it again in 6 months.

MacDanger

Have you been there more than 6 months or less?

dennyk

https://www.boards.ie/discussion/comment/117863072#Comment_117863072

A written lease or agreement is not necessary for a tenancy to exist; it's just a good idea, more so to protect the landlord than the tenant (as absent such an agreement, the tenancy is governed entirely by statute, which means that any additional restrictions landlords might want to impose on their tenant such as prohibiting pets, not allowing licensees, etc. would not exist). The OP is renting a room directly from the landlord, who does not live in the property and is renting out all of the bedrooms in the property to tenants individually (presumably, given that the OP states that "the landlord decided" what the rents for each room would be), therefore this is almost certainly not a license arrangement either; it would be a tenancy under the RTA.

OP, have you been there for at least six months in total? If so, you have security of tenure under Part 4 of the Residential Tenancies Act, and your landlord cannot terminate your tenancy for a few allowable reasons. As a result, it is probably safe enough for you to push back on this illegal rent increase. Inform your landlord in writing (and keep a copy for yourself) that per the regulations a rent review is not permitted until 12 months after the rent was last set, and so you will continue to pay the originally agreed rent amount until such time as you have received a valid notice of rent review and the new rent from such a notice takes effect. Furthermore, when that review can take place, the rent increase will be limited based on the inflation rate. That is unlikely to allow a €50 increase on a €400 or €550 room after a single year. You can use the calculator linked here to determine the allowed rent increase when the time comes.

Your remaining roommate's rent can be increased at this time if it's been over a year since it was last set, but again, the increase will be limited by the RPZ regulations. You have no say in that, though; it would be on your roommate to push back on the illegal increase or not, as they see fit. Whether they choose to fight it or not does not affect your right to fight your own illegal rent increase.

Similarly, a new tenant renting that vacant room would also most likely be paying an illegal rent amount, but again it would have to be up to them to fight it. They would be in a more precarious situation, however, not having Part 4 security of tenure yet; the landlord could give them the boot without giving a reason, and while the RTB might take a dim view of their doing that right after the tenant objected to an illegal rent increase over the prior rent under the RPZ rules, it would still be a risk. A safer option would be for them to wait six months until they have security of tenure and then file a dispute with the RTB; if they are successful, the landlord will be required to pay back the excess rent. Again, though, that's a matter between them and the landlord; you can't fight it on their behalf, but it also does not affect your own tenancy and your rights regardless. All you could really do would be to advise the new tenant of what the previous rent amount was and point them to the regulations.

Padre_Pio

https://www.boards.ie/discussion/comment/117863166#Comment_117863166

Right now I'm here just over 6 months since March 2021.

If rent increase occurs in Jan 2022, I'll be here about 10 months.

"If so, you have security of tenure under Part 4 of the Residential Tenancies Act, and your landlord cannot terminate your tenancy for a few allowable reasons. As a result, it is probably safe enough for you to push back on this illegal rent increase. Inform your landlord in writing (and keep a copy for yourself) that per the regulations a rent review is not permitted until 12 months after the rent was last set, and so you will continue to pay the originally agreed rent amount until such time as you have received a valid notice of rent review and the new rent from such a notice takes effect. Furthermore, when that review can take place, the rent increase will be limited based on the inflation rate. That is unlikely to allow a €50 increase on a €400 or €550 room after a single year. You can use the calculator linked here to determine the allowed rent increase when the time comes."

Thanks, this is what I was thinking, but I wasn't sure.

So setting rent for a house on a per-room basis is ok?

For instance, my rent cannot increase, but my roommates can increase?

MacDanger

https://www.boards.ie/discussion/comment/117863493#Comment_117863493

As per the last paragraph of dennyk's post, the LL shouldn't be increasing the rent for your new housemate either. The new person would be well advised to only bring this up after they have been in the house 6 months though

Padre_Pio

https://www.boards.ie/discussion/comment/117863547#Comment_117863547

Good point.

I will say the rent is probably a good 20% lower than other properties in the same estate (checked Daft today) Does this make any difference?

MacDanger

https://www.boards.ie/discussion/comment/117863593#Comment_117863593

No. Rent increases can only be annually in an RPZ and only be the allowed % amount as per the RTB calculator.