Is this Notice of Termination valid?

meijin

https://www.boards.ie/discussion/comment/120545491#Comment_120545491

had you received a termination notice, it would say that you need to vacate "on or before" a specific date, and then you could move out even the next day - giving you more flexibility

as you haven't received a proper termination notice, it's a bit unclear... officially you're expected to give notice as per RTB guidelines

ask the agent to send you the official termination notice? not just a vague email.

FishOnABike

https://www.boards.ie/discussion/comment/120545491#Comment_120545491

Required notice period :

https://www.rtb.ie/ending-a-tenancy/how-to-end-a-tenancy-as-a-tenant

If you have signed a fixed term tenancy you could be liable for rent up to the end of the fixed term unless you have someone who wants to move in that you can request the landlord allow you assign the tenancy to.

Just to update on this, I haven't received any follow-up correspondence from the letting agent regarding a potential termination notice.

I researched property sales today and it still states that the property was not sold this year.

All of this, to me it seems, points to the possibility that this was merely invented as a means of hoping I would just voluntarily leave the property - that way, they could hike up the rent to the current rate and make more cash (and at the same time, avoiding the RTB registration issue).

https://www.boards.ie/discussion/comment/120625137#Comment_120625137

Possibly, but you said before the landlord was thinking of selling not that it had been sold. It will only go on the register when its sold, the register also takes time to update its not immediate. There is a low chance that the property will be sold with you in situ. New owners generally do not want to inherit previous tenants.

These things take time and it's only been a month since your first post. As said before wait for your official notice but its no harm keeping an eye open for alternative accomidation as its not really a renters market at the moment.

So no word on the apparent "sale" of the property, but today I received an email from them saying they want to increase my rent by 2%, and that I must pay that new rent from next month.

I hope you are keeping well.

I write in relation to our review of your rent. We normally review rents on an annual basis. In your case the rent was last reviewed on the 12th March 2022.

We now wish to increase your rent by 2% per annum pro rata since your last rent review to €-,--- effective from 12th October 2023.

Please arrange to change your standing order with your bank for the next rent due date of 12th October 2023.

If you wish to discuss this further please give me a call.

Kind regards

Now this is more illegitimate behaviour, I believe.

Yet I assume people will say that I should just pay it, regardless?

It seems bizarre to me that letting agents can effectively scam people like this and yet get defended at the same time. My natural instinct is to fight this off.

FishOnABike

https://www.boards.ie/discussion/comment/121165347#Comment_121165347

At a glance it would seem to be invalid on at least three grounds

less than the required 24 months since the last rent review

less than the required 90 days notice

email is not a valid means to serve a notice of rent review

Is this from a professional property management agency?

How people can get so much so wrong when it is all in black and white on the RTB website is completely beyond me!

https://www.boards.ie/discussion/comment/121165608#Comment_121165608

They are a long-term letting agency, though I'd clearly dispute the "professional" part.

They are scammers, frauds, liars and deceivers.

(just to add, the last 'rent review' went through this exact process, just asking me to pay more from the next month. I went along with it at the time, not knowing the rules; now they're trying the same game again).

FishOnABike

https://www.boards.ie/discussion/comment/121165620#Comment_121165620

I'd be inclined to wait until the 11th October to reply and inform them that their notice of rent review does not appear to comply with the statutory requirements and continue with the current rent until a valid notice of rent review is received.

Nice of them to provide you with evidence of their incompetence or illegal actions.

If they persist I'd follow through with complaints to both the Residential Tenancies Board and the Property Services Regulatory Authority.

meijin

https://www.boards.ie/discussion/comment/121165620#Comment_121165620

if you object, they will issue you a correct rent review notice, and you will have no choice but to pay more

or you can just dispute it with RTB later and get a refund

https://www.boards.ie/discussion/comment/121167227#Comment_121167227

Very tempted by this latter idea actually, it's not something I had thought of (and didn't know that RTB could help issue refunds for illegitimate rent increases).

Presumably I'd be able to recoup funds from the very first illegitimate rent increase, as well (from March 2022)?

I just noticed at the bottom of the email, they put a declaration for me to sign:

mrslancaster

https://www.boards.ie/discussion/comment/121167227#Comment_121167227

I thought there was a time limit to dispute an invalid notice - within 28 days of receiving it or before the date the new rate is due. Very bad practice by the letting agent if they are issuing notices like that which are clearly invalid. The RTB should be getting a copy of the rent review also.

https://www.boards.ie/discussion/comment/121167921#Comment_121167921

It's what I have been putting up with for over 2-years now.

I'm tempted to just move in 6-months time, when my lease expires (and I don't think they will renew it anyway).

The issue is that if I go down the ethical route and simply claim that their rent increase is invalid, they would likely refuse to act as a reference for when I want to move into my next place. I doubt many landlords would want to take me in if I don't have a recent reference to hand etc. (despite the fact that I have an impeccable record of keeping the place pristine and pay rent on time etc.).

Uncle Pierre

Are you still paying approximately €500 per month less in rent than others in similar apartments in your development?

Honestly, many people in your situation would be thinking "I know these lads are cowboys, but I've an extra five or six grand in my pocket each year on account of the way they do things, so let's just roll with it......"

https://www.boards.ie/discussion/comment/121168021#Comment_121168021

Yes, it's around the 500 per month mark compared to the average around here.

Part of me is thinking, just pay it, then file a dispute after I move out to somehow recoup the funds. I don't know if this is possible, though.

Uncle Pierre

https://www.boards.ie/discussion/comment/121168084#Comment_121168084

I dunno. All I'll say is you and I must be very different.

I don't know what you're currently paying, but let's say it's €2,000 per month while others are paying €2,500.

The "illegitimate" 2% rent increase that you speak of would bring yours to €2,040 per month, so now you'd "only" be saving €460 per month, or €5,520 per year.

I and many others would be thinking "I'm still getting a great deal here, let's just say nothing and go with it........"

Bass Reeves

https://www.boards.ie/discussion/comment/121165784#Comment_121165784

LL's in RPZ's can increase the rent every 12 months by a max of 2% or inflation which ever is the lowest AFAIK, I may be incorrect

https://www.boards.ie/discussion/comment/121168454#Comment_121168454

Assuming that is true, surely the tenant must be given sufficient notice before that rent increase goes into effect?

I was told 14 days before my next rental payment to go to the bank and increase the standing order rate. How can that possibly be legitimate?

Bass Reeves

https://www.boards.ie/discussion/comment/121168651#Comment_121168651

yes three months notice is required from a valid notice

spaceHopper

https://www.boards.ie/discussion/comment/121168651#Comment_121168651

It's not legit. Fight it if you want or just ignore it and when they contact you simply say you didn't receive valid notice. Then let them back on to the LL and explain it to them. Do you have a contact number for the LL, you could contact them directly and ask only to deal directly with them.

As for references, if you do want to move, they'll give you an excellent reference as they would be happy to see you move.

https://www.boards.ie/discussion/comment/121169596#Comment_121169596

I don't have a contact number for the landlord, it's all done through the letting agent.

Just as an add-on question, what is the status of replacing fridges and washing machines? Both broke down over the past few months and I bought a new one each (the old fridge is still here, though, but the broken washing machine was taken away).

suvigirl

Why would you buy appliances for someone else's rental property?

if you bring them with you when you leave you will.still have to leave working appliances in the property.

Why didn't you get the rental company to.sort it?

https://www.boards.ie/discussion/comment/121169781#Comment_121169781

I was lied to before.

The alarms needed to be replaced. I contacted the letting agent who said I should contact concierge and ask for a handyman to come and fix it. I'd absorb the charge.

Had I contacted them about these appliances, they would have taken the same route and it would have delayed matters massively. Though not ideal, they were urgently needed and so I went ahead and replaced them myself.

Bass Reeves

https://www.boards.ie/discussion/comment/121170134#Comment_121170134

Washing machine and fridges are listed items in a house rental. LL has to replace. However you got his washing machine recycled so you need to leave one instead. You can haul away the new fridge and replace it with the old one

https://www.boards.ie/discussion/comment/121170214#Comment_121170214

But even if the old one doesn't work as it should?

Won't the letting agent say something like, "Well, we'll have to take this out of your deposit?", or something to that effect?

Bass Reeves

https://www.boards.ie/discussion/comment/121170251#Comment_121170251

no its wear and tear. Ya you should have reported it and got him to fix or replace it. but as long as it is there he has to give the deposit back.

spaceHopper

https://www.boards.ie/discussion/comment/121169709#Comment_121169709

You shouldn't have bought new ones, the the LLs or their agents responsibility. At the very least you should have given them the opportunity to repair them. There's several 100 euros in the difference. I've fixed my own one at home twice due to motor brushes.

Maz2016

https://www.boards.ie/discussion/comment/120517078#Comment_120517078

….

deirdremf

https://www.boards.ie/discussion/comment/120518678#Comment_120518678

the landlord didn't know about the requirement to register

Ah, the old "ignorance of the law" defence. That's one that will get them off the hook surely!

Tempted to respond to the letting agent, "This is not proper procedure; it should be 90-day notice. That said, I will be moving out at the end of the tenancy in March 2024, and I have and will continue to keep all email and written correspondence to date. If you would like to discuss any issue, please do not hesitate to call me".

I just don't want to get scammed any longer.

I really want to fight this person, legally speaking, as I have had enough of being used and abused for their malicious purposes.

FishOnABike

If you intend moving out in March 2024 anyway it will probably take most of that time for the RTB to decide should you dispute the validity of the rent increase.

Once you have been renting for more than six months you have a part four tenancy and don't need to keep renewing your tenancy with a new fixed term lease at the end of your current lease (unless it is to your advantage). A part four tenancy can only be ended by the landlord under very specific and limited reasons.

https://revisedacts.lawreform.ie/eli/2004/act/27/front/revised/en/html might be a useful read.