Rent Increase, never received notification

Doomofman

So just got an email from the letting agent I rent through asking for me to update my standing order for the new rent despite never receiving a notification of the increase. The letting agent provided me with the filled out RTB form and claims it was sent by post months ago but I never received it.

Do I have any recourse in this situation? Obviously I have no way to prove I never received the notification in the post

just_a_gurl

Is the rent increase in line with Statute?

Unless the increase is outside of the law then I would ask what is the point looking for "recourse" in "this situation" - what is it you are hoping you might be able to achieve?

Doomofman

https://www.boards.ie/discussion/comment/119459281#Comment_119459281

Well I should be entitled to 90 days notification of the rent increase which I haven't received.

Anyway, I reached out to Threshold who gave some very helpful information on what to do

just_a_gurl

but the agent claims he sent it...as you said yourself you have no proof you didn't receive it, & the agent has no proof you did other than completing the form for the RTB...all you can do is delay the increase but not avoid it!

jo187

Well if all you get is an extra three months that's better than noting. I no idea if the agent is lying or not but don't forget there no your side.

dennyk

If the increase itself is legal, it might not be worth the hassle of challenging it just to save yourself a few months of the difference at most. You could if you really wanted to, but you should consider how valuable your time and your amicable relationship with your landlord is compared to those few months of slightly lower rent.

FobleAsNuck

https://www.boards.ie/discussion/comment/119459728#Comment_119459728

the onus is on the landlord/agent to prove it was served

Dav010

https://www.boards.ie/discussion/comment/119460310#Comment_119460310

Are you saying the LL has to prove the tenant opened the letter? Posting, handing the written notice, or in the case of the owners of Gorse Hill, nailing to their gates, is an accepted form of service, could a LL prove they handed the notice if the tenant disputed service?

jo187

https://www.boards.ie/discussion/comment/119461989#Comment_119461989

No but agent hands them in person to make sure. They should have a better policy to avoid things like this.

Dav010

https://www.boards.ie/discussion/comment/119461992#Comment_119461992

Agents don’t always live near their clients properties, the Act says notice must be written, post and by hand are accepted forms of service. Where do you see the requirement that the LL must prove the tenant opened the envelope?

FobleAsNuck

https://www.boards.ie/discussion/comment/119461989#Comment_119461989

no, LL has to prove they sent it

jo187

https://www.boards.ie/discussion/comment/119462000#Comment_119462000

I refer you to what the previous post for your answer

Dav010

https://www.boards.ie/discussion/comment/119462167#Comment_119462167

It certainly helps, but which part of the Act are you referring to there?

Tar.Aldarion

This happened to me last year, even worse as they claimed I owed back rent. LL had no proof they sent it to my address (or that I received it) so they had to send the proper notification and it went up after the 3 months then.

https://www.boards.ie/discussion/2058163542/rent-increase-without-notice

geniejews

https://www.boards.ie/discussion/comment/119462381#Comment_119462381

The l/l is required to either post or hand deliver the Rent Review, it must give 90 days notice and 3 comparable properties, in a RPZ only 2% pa allowed, outside the RPZ a RR can only take place every 2 years, the above must also be adhered to

Amendment of section 19 of Act of 2004

6. Section 19 of the Act of 2004 is amended—

(a) in subsection (4), by the substitution of “Subject to subsections (4A) and (5)” for “Subject to subsection (5)”,

(b) by the insertion of the following subsections after subsection (4):

“(4A) Notwithstanding subsection (4), and subject to subsection (5), in setting the rent under a tenancy of a dwelling in a rent pressure zone in respect of which the landlord serves a notice under section 22 on or after the coming into operation of section 6 of the Residential Tenancies (No. 2) Act 2021—

(a) an amount of rent shall not be provided for that increases the rent last set by more than any rent increase calculated in accordance with subsection (4B), or

(b) an amount of rent shall not be provided for that increases the rent last set where a calculation is made, in accordance with subsection (4B), that no increase in the rent last set has occurred.

(4B) Any increase in the rent last set shall be calculated by—

(a) calculating as a percentage any difference between the HICP value that applied on the date the rent was last set and the HICP value that applies on the new date, and

(b) applying the amount of the percentage calculated under paragraph (a) to the rent last set.

(4C) The Board shall—

(a) establish and maintain a rent pressure zone calculator to calculate any increase in rent in a rent pressure zone in accordance with the method set out in subsection (4B), and

(b) publish and keep up to date a table of HICP values published by the Central Statistics Office.

(4D) The Minister, for the purposes of subsections (4A) to (4C), may prescribe—

(a) the means by which the rent pressure zone calculator referred to in subsection (4C)(a) shall operate to accurately calculate any increase in rent in a rent pressure zone by applying the HICP values to the rent,

(b) the information to be furnished in the table referred to in subsection (4C)(b),

(c) the form and manner of publication by the Board of that calculator and table, and

(d) an index or indices, containing data corresponding to HICP values, as may be published by the Central Statistics Office to be used for the purposes of the calculation under subsection (4B).”,

(c) in subsection (5), by the substitution of “Subsections (4) and (4A) do not apply—” for “Subsection (4) does not apply—”,

(d) in subsection (6), by the substitution of “subsections (3), (4) and (4A)” for “subsections (3) and (4)”,

(e) in subsection (6A), by the substitution of “subsection (4) or, as the case may be, (4A)” for “subsection (4) ”,

(f) in subsection (7), by the insertion of the following definitions:

“ ‘HICP values’ means the values contained in the most recent data available monthly in the All-Items Harmonised Index of Consumer Prices in relation to Ireland and published monthly by the Central Statistics Office in accordance with Regulation (EU) 2016/7921 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No. 2494/95;

‘new date’ shall be the date of publication by the Board under subsection (4C) of the table of HICP values that occurs most recently prior to the service of a notice under section 22 by the landlord on the tenant;”.

Dav010

https://www.boards.ie/discussion/comment/119567390#Comment_119567390

In your earlier post you said “LL has to prove they sent it”, which part of the text you quoted confirms that they must retain proof of posting or hand delivery?

I do accept, as I posted earlier, that using registered post, or videoing it’s hand delivery/getting the tenant to sign for it would certainly help, but I’m still unable to see where the Act states that registered post/video/tenant’s signed acceptance of hand delivery is required. Can you see it?

mrslancaster

Tenants can refuse to accept registered post so landlords can get a proof of postage receipt from the post office or take a photo when it's hand delivered. Think I read that RTB will accept it was sent if these are available even if tenant says they didnt get it, and no proof was required before 6th july. Now a copy goes to rtb at the time its issued to tenants. Still no way to prove tenant got &/or read it.

Browney7

https://www.rtb.ie/downloads/tribunal-report/TR0920-004434_Report.pdf might be worth a read of this RTB report for some recent interpretations re notice etc.