Is the letting agent up to no good?

I moved into my current place in March 2021.

Fast forward to March 2022, and I contact the letting agent about renewing for another year.

He asked whether I would be happy with a 4% increase in rent. I emailed back saying that "isn't the legal maximum for my zone 2%"? He said, "I'll get back to you". He did, and agreed to the 2% - and I'm okay with that. The fact he wanted to scam a 4% hike, when he clearly must know the new laws on this matter, started to make me suspicious about what else he might try to get away with.

He asked me to set up a standing order, and that too I've done.

Two days later, I ask for a contract or memorandum of understanding about the new terms etc., so I have some legal security about things.

Almost one week later, and no response.

My fear is that he, for some reason, wants just to bob along without a contract - and somehow argue that he can take the deposit (which is worth 2,200 euros). Alternatively, he could legally argue that I could just be kicked out whenever he chooses, as I've no certainty or backup.

So is the letting agent up to no good, and should I be concerned about not having a contract, and whether my deposit can just be unilaterally taken by him.

meijin

see https://www.rtb.ie/during-a-tenancy/rent-reviews-in-a-rent-pressure-zone-rpz

did you receive proper formal notice of the rent review? email agreement is not enough

you have your initial contract, right? there is really no need for another - you have "part 4" tenancy - see more at https://www.rtb.ie/beginning-a-tenancy/security-of-tenure

https://www.boards.ie/discussion/comment/118848748#Comment_118848748

No, I wasn't aware of the notice period.

Basically once the past contract expired, he emailed me back asking whether I'd be happy with 4%. I only knew about 2%, and said about that, but this all happened within 24-hours.

I received no notice at all, and now the 2% is agreed. Does my agreeing to it matter? Or is he deemed to be in the wrong regardless of what decision I made?

I have the initial contract yes. I wasn't aware of Part 4 tenancy at all; I'll look into it further now, thanks.

meijin

email agreement means nothing, especially as it's an agent, they should know the regulations

"In order for a rent review to be valid, landlords must give tenants at least 90 days’ notice and use the prescribed Notice of Rent Review Form to serve it on the tenant."

and there are more requirements, for example, they need to provide 3 comparable properties, there is a special form, etc. - see my previous links :)

https://www.boards.ie/discussion/comment/118848837#Comment_118848837

So, is there anything I can do now?

Should I complain to the letting agent and refer to what are criminal acts?

Do you think the letting agent is pocketing the rent increase without the landlord knowing?

I don't want to compromise my position in the property, either.

meijin

there is no criminal act

you can send them the link about the rent review procedure, and that you will wait for the correct review notice

https://www.boards.ie/discussion/comment/118848883#Comment_118848883

In the meantime, I've already paid the increased rent for March.

That said, we're not talking a huge amount, only 45 euros. He wanted to increase the rent by 100 euros from 2,195 to 2,295.

But on matter of principle, I can't let this slide.

Does he now legally owe me the 45 euros back for March?

Actually, it's pretty obvious now.

I've lost my deposit, too (see below).

I contacted the letting agent 2-3 days after the lease expired.

Based on this paragraph, it seems he has all bases covered.

What an evil human being.

L1011

That contract clause would not withstand an RTB hearing. It breaches the regulations in so many ways it can basically be deemed to not exist.

You do not need a new contract, you have Part IV rights.

https://www.boards.ie/discussion/comment/118849205#Comment_118849205

Are you referring to the contract clause I've just quoted, or my previous comments about the matter?

As I say, this whole subject is new to me - and I'm absolutely offended that the letting agent, who hitherto I believed to be a good person, has sought to take advantage of me in this malign, disgusting manner.

I'm still as yet unsure what to do here: whether to contact the letting agent direct and threaten him with the truth and implications of his behaviour, or whether to contact a lawyer.

L1011

That clause. Its bobbins. Written by someone who probably is aware of the legislation but decided to bibble anyway - the immediate vacating and landlord reoccupying bits are illegal immediately.

You don't need to sign a new contract, and instructing a lawyer would cost far more than is currently in play. Be prepared to have to take an RTB case to get your deposit back, though.

You should politely yet forcefully remind the agent of the minimum notice period for increases like you did for the max increase. And that's about all you need to do now.

https://www.boards.ie/discussion/comment/118849268#Comment_118849268

I'll do precisely that, and politely inform the letting agent about what I have since learned. I appreciate your comments in that regard.

In terms of the deposit etc., can you explain why you feel that an RTB case would be required and, if so, who do you think the case (currently) favours?

L1011

Someone who writes a clause like that sounds like someone who assumes the deposit is theirs and will basically make stuff up to try keep it.

If you leave with appropriate notice (as per the RTB NOT that contract, unless the contract gives you more beneficial terms than the RTB regs), and the place is clean and with only normal wear and tear rather than damage there's nothing that will justify a deposit being kept - but expect phantom damage and cleaning bills or just plain refusals.

They'd lose, outright, at RTB in such a circumstance.

https://www.boards.ie/discussion/comment/118849302#Comment_118849302

I see.

I do keep the place in maximum possible condition.

In many respects, I've improved the property - changed the fire alarms and so on, adding security etc.

But I do have this fear that if I try to double-down on this rent increase, the letting agent will somehow sneakily double-down on how the property has been kept: so he gets to keep it.

I didn't take any pictures when I first entered the place. So, I can't really prove anything.

L1011

Did you ask for permission for those changes? That is something a landlord can look for costs of reinstatement on even if it is an improvement over what was there.

If you're intending to stay there for a while, an argument over 3 months of 45 quid isn't going to be remembered when you leave anyway.

https://www.boards.ie/discussion/comment/118849337#Comment_118849337

The fire and smoke alarms were playing up; clearly gone into degenerate mode.

I had to replace them for safety reasons, they were ringing all day. I was told by the electrician that they should have been replaced several years ago. But one of the clauses in the contract was that I was responsible for changing things - and so, I did it.

In terms of permission, I contacted the letting agent - and I was referred to the electrician.

L1011

Keep a copy of that comms if it was done by email, or the dates otherwise, just in case...

Fire alarms are part of the minimum spec for rentals and entirely the landlords responsibility to maintain, though. Further evidence that you may need to use the RTB to get that deposit back.

https://www.boards.ie/discussion/comment/118849375#Comment_118849375

I understand you mention concern about getting the deposit back.

If you don't mind me saying so, you seem to believe - perhaps for very good reason - that my chances of getting that deposit back are nil.

Is this a correct assessment?

L1011

No, I don't think your chances of getting it back are nil

I suspect your chances of getting it back without at least competently threatening to go to the RTB are low as the agents adherence to the law seems fleeting at best. However you'd get most or all back via the RTB.

https://www.boards.ie/discussion/comment/118849412#Comment_118849412

Basically, you think the letting agents are chancers?

Unfortunately, that seems to be the conclusion I'm coming to.

L1011

https://www.boards.ie/discussion/comment/118849421#Comment_118849421

From what you've shown and told here, yes. However there is a good chance they'll abide by the rules with polite yet forceful reminders thereof; including getting your deposit back. But its a fail to prepare situation in case you need to use the RTB when that comes up.

JohnnyChimpo

The quickest way to get your deposit back is to stiff them on the last month's rent if you ever move out. Or of course you can go through a protracted RTB process, the choice is yours

Caranica

You've made a couple of mistakes here OP.

You did not need a new contract, without asking for one you may not have had the rent increase just yet.

You accepted an illegal rent increase.

You incurred costs to update the landlord's property.

The letting agent seems to be taking advantage of your naivety when it comes to tenant's rights and landlord responsibilities. Do yourself a favour and spend half an hour going through the citizens information pages on renting.

Don't worry about your deposit for now, that contract isn't worth the paper it's printed on. You cannot contract away your legal rights.

https://www.boards.ie/discussion/2058239293/is-the-letting-agent-up-to-no-good

"How convenient"

https://www.boards.ie/discussion/comment/118850779#Comment_118850779

I agree, mistakes were made.

I shouldn't have contacted him at the end of the original lease and just let things continue.

If I complain to him about the rent increase and his illegal manoeuvres, presumably he'll just initiate the 3-month notice period for a rent increase - meaning it may stay at 45 euros extra per month or may be even more - starting from July.

As for the deposit, is it fair to say that as long as I give 1-months notice (or is it 3-months?), that there is no reason for him to keep the deposit? I keep the place in excellent condition, but I didn't keep photos when I moved in. Another rookie mistake, I guess.

https://www.boards.ie/discussion/comment/118850647#Comment_118850647

First of all, that's an improper course of action - and would make me just as bad as the letting agent. So that's a no no.

https://www.boards.ie/discussion/comment/118850647#Comment_118850647

I feel it in my lungs, this is the right choice.

o1s1n

https://www.boards.ie/discussion/comment/118850647#Comment_118850647

This is also a good way to get no reference when you move out.

meijin

https://www.boards.ie/discussion/comment/118851827#Comment_118851827

sure, just do everything the LL wants, even if it's illegal, right?

JohnnyChimpo

https://www.boards.ie/discussion/comment/118851827#Comment_118851827

you don't say...

Diemos

https://www.boards.ie/discussion/comment/118851056#Comment_118851056

It does not have to be that blunt.

We had major concern about our deposit, we had been in the apartment for almost 5 years, paid rent on time every month.

Like you, I fixed or replaced everything, we didn't once reach out to the landlord in the 5 years (that I can remember).

And we barely heard from him, but the last year 18months he started to play games, instead of transferring to his account we were asked to transfer the rent to his wife, then am almost 50% rent hike (we were pay below market rates but this would have brought us above market rates, in line with 5* apartments in our area) We negotiated and met in the middle. Then 3 month later he tried another rent hike, I told him 1 per year and take it up with the RTB if he has an issue with that.

Then we got a shock when we learned that he hadn't been paying the mortgage and the place was being repossessed.

So despite being great tenant I was really concerned about getting our deposit back. So I jus wrote to him and told him to use our deposit for our last months rent, if he wanted to view the pace for prospective damage etc. that we would be happy to work with him. I'm assuming that as he was loosing the property and didn't care, he just never replied. We didn't pay the last rent and moved out on time and left the place spotless. We were buying so we didn't need a reference. But as he had changed him number rand by the end we only had his email, I doubt he would have cared enough to provide a reference regardless.

In summary, it does not have to be a 2 finger approach, you can float it as an idea and they may take it. much better to ask than go down the whole RTB route, as other have said you will probably win but it may takes a long time to see any of that cash. Much too late to use it as you next deposit. Good luck.

https://www.boards.ie/discussion/comment/118860405#Comment_118860405

So you are suggesting just saying to the letting agent, "Take the deposit for last month's rent", and that's it?

What if, contractually, you have other obligations? For instance, in my contract, there is a 175 euro demand to pay for rubbish removal. But if the last month's rent is paid for the deposit, is this essentially included?

I don't know the answer to this, but after what the letting agent has done thus far, I'm really unsure about the best course of action.

It's quite clear that he cannot be trusted.

meijin

eh, what? 🙄 rubbish removal? what rubbish?

this doesn't seem like a legal fee that they can ask

do you have more fees listed there?

https://www.boards.ie/discussion/comment/118863555#Comment_118863555

That's the only direct one stated (see below).

Other charges tend to be related to any damages done to the property etc.

L1011

I would ask for receipts for those bin charges.

As I'd be quite confident they don't exist (they would be part of their overall management fees to the OMC).

Anyway, the "use the deposit as the last months rent" thing is not something I can advise in any situation as it would go against you if there was a further dispute - it is seen as non payment of rent. Also, the deposit won't cover the last months rent if there have been increases in rent since anyway!

https://www.boards.ie/discussion/comment/118863598#Comment_118863598

That's what I don't get. Can't the letting agent just say whatever they want (and charge whatever they want) in the contract?

If I agreed to it, it's on me.

Or perhaps again, I'm missing something.

L1011

https://www.boards.ie/discussion/comment/118863604#Comment_118863604

Made up charges would probably be seen as the RTB as a method of trying to work around rent increase rules; its not something that's been done a lot yet so there won't be many RTB decisions to go on to see how it's working out in reality. So nothing can really be said in confidence here; but asking for receipts for the waste disposal might stop them pushing it - they won't have any. Deposit deductions for everything else requires proof of expenditure.

Unfair contract elements basically don't exist; you can't sign away rights.

https://www.boards.ie/discussion/comment/118863617#Comment_118863617

The problem (and stress) I'm having these days about this issue is the end game.

The letting agent has, in email form, issued a statement about a 4% rent increase (which is actually more like 4.5%) - then backtracked to 2% when I raised an issue. Even this 2% increase is not viable because of the 90-day notice rule I only learned about thanks to contributors to this thread. Clearly, the letting agent has attempted and succeeded at scamming me.

Now, I don't know what to do. Presumably, we are seeing all sorts of attempts to take more money. I still don't understand why, if I agree to paying 175 euros for rubbish removal, that this is somehow improper? Why is it improper? Perhaps it is, and perhaps I'm a naïve fool (which is highly likely), but what right do I have to say a letting agent cannot charge me 175 euros for rubbish removal if it's stated in the contract?

And moreover, what steps should I take now? Should I confront the letting agent - in which case, he may issue a formal rent review and I may end up paying more than I'm paying now, or should I just accept this 45 euro increase and prevent any escalation of the case?

In terms of the deposit, should I make moves now by complaining - or would this increase the risk of the letting agent making dodgy moves to keep said deposit?

I'm just unsure what the best path to follow is. Any clarification offered here is very, very, very, much appreciated.

L1011

What I'd do:

If you want to challenge the 90 days and save ~135 at the expense of the rent calculation being slightly higher - well, work out if that makes any sense money wise, I don't feel like getting a calculator out!

Don't bother complaining about the other stuff right now - it will only cause trouble.

When you do leave, give the proper notice (unless the contract offers you less, in which case you can give that), and expect a proper fight to get your deposit back. Demand receipts for every deduction they think of, and prepare to go to the RTB. Definitely don't rely on having that deposit as a deposit for somewhere new.

Someone that puts clauses like the ones you've shown in a contract sounds like they wouldn't even defend a RTB case, or would bluster and lose.

https://www.boards.ie/discussion/comment/118863657#Comment_118863657

Do you mind if I ask why you believe the deposit is something that could be genuinely contested?

We're talking 2,195 euros, so this isn't a small amount (to me at least).

L1011

https://www.boards.ie/discussion/comment/118863665#Comment_118863665

Because the agent (or, possibly, the landlord) sounds dodgy as hell and has already come up with one very spurious "deduction" along with other definitely illegal contract clauses.

Diemos

https://www.boards.ie/discussion/comment/118863481#Comment_118863481

Why are you trying to be on the high road with someone who is obviously a crook? They've shown you zero respect and are taking the pi$$ in their treatment of you. If I was in your shoes, I'd be seriously pi$$ed and remove myself from these guys asap. Contrary to the narrative being spun on facebook, there are plenty of decent landlords and estate agents. I've ended a tenancy in the past, even though the apartment was lovely and cheaper than average because the estate agent was a fool, the cost saving just wasn't worth the headache.

You refer to yourself as naive on a later post, you've been given a lot of great advice on here. I don't understand why you are insisting on making things more difficult for yourself.

As a side note, I've never heard of bin charges with an apartment, they've always been part of the landlord's management fees. But I could be wrong.

Best of luck with whatever you decide.

https://www.boards.ie/discussion/comment/118881711#Comment_118881711

Clearly, he's a crook.

If the 175 euro bin charges are in fact illegal, I'm looking into the matter - and who to contact, to report this to, for maximum possible damage. There are 33 apartments in this block alone, so that means he's amassing at least 5,775 euros - and there are 6 blocks in total. So we are talking around 30,000 euros worth of scam from this alone. And that's just for one year. Who knows how long this has been going on for.

Also, I have email evidence of the 4% increase scam - and I'll wield this to my advantage if he even attempts to keep my deposit for some spurious reason.

So there's no much point in me raising hell at the moment. I'm definitely taking the matter on, but will do so in a measured way that ensures he is punished for his actions.

By the way, does anyone know why it's acceptable for a letting agent to commit these egregious acts, and not face punishment for it?

Why are they allowed to be given free reign to even attempt to get away with this kind of thing?

Caranica

https://www.boards.ie/discussion/comment/118891469#Comment_118891469

Because nobody knows until you report them. Reporting them now will remove the upper hand.

https://www.boards.ie/discussion/comment/118891551#Comment_118891551

But will the letting agent actually face real and meaningful consequences?

Or is it just a slap on the wrist?

Caranica

Could affect their registration going forward if it's found to be widespread so that could really hurt

https://www.boards.ie/discussion/comment/118891718#Comment_118891718

Okay, well I hope so.

I'm formulating a plan of action as we speak.

My concern is that if his actions aren't considered "illegal" in the criminal sense of the word, then he can mouth his way out of the problem - even if he has scammed thousands of euros out of other tenants (regarding the bin fees alone, for example).

If he is scamming people to the tune of 30,000 euros in my entire block alone, and goodness knows how much he is hoovering up over everything he is 'managing', then why is this allowed?

Even you say that his registration may be affected.

This man could be accountable for scamming hundreds of thousands of euros over many years, and that's all he could face?