Rent Review advice

luvlyjubbly

Hi, live in a house in a RPZ, in November 2021 Landlord issued annual rent review of 4% increase which is due to take effect in April 2022. Obviously since then the new 2% annual increase cap has come into effect. Can we dispute and get it reduced to 2% as we're still within the notice period?

(I checked with RTB and got 2 different answers, saying the 4% is still valid and that the new 2% should apply...)

The_Conductor

It depends on dates.

Was the notice of the rent review and the date on which it was to effect valid when it was made.

The fact that the legislation changed after the notice issued- does not effect the validity of that notice- once it was valid when it actually issued.

Also- something else to have a think about- when did the tenancy commence, and when was the last rent review? The 4% might actually be quite reasonable- as it does compound........ Just a thought.

luvlyjubbly

Yes your correct the notice was valid when issued, and the 4% is less than the HICP rate that could have been applied. (Tenacy a long one but with annual reviews so no compounding of the increase)

But I suppose I thought given when the rent review notice is issued there's a 28 day period or time up until the new increase takes place for the tenant to come back and "dispute" it so for example if I found 3 properties advertised for less than the new rent rate right up until April 2022 I could dispute the increase, so was hoping that given the legislation changed during this notice period we can get Landlord to decrease to current legislation.

Saudades

The 4% rule was changed last July.

From 16 July 2021 to 10 December 2021, annual rent increases in RPZs were capped at the rate of general inflation - which may by coincidence have worked out to 4% for you anyway.

MacDanger

https://www.boards.ie/discussion/comment/118468765#Comment_118468765

for example if I found 3 properties advertised for less than the new rent rate right up until April 2022 I could dispute the increase

If the LL has provided 3 similar places at equal or higher rents to the new proposed rent, then the notice is valid even if you find 3 that are lower.

combat14

are you in a rent pressure zone - if yes check out the rent calculator online..

luvlyjubbly

Yes the RTB calculator makes it to be 2% max but at the same time the agents on chat say the old legislation applies so I'm none the wiser