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Rent increase and additional costs added

gauchesnell

Hi All

Looking for constructive advice really. My LL recently gave me notice of the standard 4% increase. Fair enough no argument there. He has however added on additional costs not part of the rent.

These are basically maintenance charges which again are fair enough but I am struggling rent wise now.

So its 4% and then additional new maintenance charges. No mention of maintenance charges in my lease.

I know for a fact he will just evict me if I object but I am not sure if I have any grounds. He is a very good LL I will say but he runs a business.

I know people will say move....its not that easy. I came very near homelessness 2 years ago even with a decent salary and a permanent job.

Any advice appreciated

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Browney7

gauchesnell wrote: »

Hi All

Looking for constructive advice really. My LL recently gave me notice of the standard 4% increase. Fair enough no argument there. He has however added on additional costs not part of the rent.

These are basically maintenance charges which again are fair enough but I am struggling rent wise now.

So its 4% and then additional new maintenance charges. No mention of maintenance charges in my lease.

I know for a fact he will just evict me if I object but I am not sure if I have any grounds. He is a very good LL I will say but he runs a business.

I know people will say move....its not that easy. I came very near homelessness 2 years ago even with a decent salary and a permanent job.

Any advice appreciated

How much are maintenance charges as a % of rent?

How long are you in situ? (I'm guessing about two years and this is why you are getting a review letter now). If two years, you have a further two years before the LL can terminate tenancy.

Does the letter state explicitly what the charges are for? I'd expect you'd be successful if you disputed with the RTB (sure they're only mad to screw over landlords according to everyone here) but it may sour relations and your tenancy will be terminated at the first opportunity. You should discuss with LL first and state you believe the review to be invalid.

gauchesnell

So the increase is 4% and the new charges will be 10% approx on top of that.

Yeah nearly 2 years

I know though my LL will just evict me if I dispute it Overall he is a great LL and I dont want to cause him hassle at all.
Not sure what you mean that LL cant terminate tenancy for a further 2 years. He can just evict me. I am struggling to buy food and pay rent ...noone wants a fight.

Maintenance charges are for refuse/common areas/stairs etc - normal stuff.

TheChizler

gauchesnell wrote: »

Not sure what you mean that LL cant terminate tenancy for a further 2 years. He can just evict me. I am struggling to buy food and pay rent ...noone wants a fight.

No he can't. You have the right to live there for at least the next two years, unless he sells the place or needs it for himself. If you have a record of him setting the new charges, you refusing, and him giving notice of termination for those reasons soon after it'll be obvious to the RTB that the landlord isn't being honest.

Browney7

gauchesnell wrote: »

So the increase is 4% and the new charges will be 10% approx on top of that.

Yeah nearly 2 years

I know though my LL will just evict me if I dispute it Overall he is a great LL and I dont want to cause him hassle at all.
Not sure what you mean that LL cant terminate tenancy for a further 2 years. He can just evict me. I am struggling to buy food and pay rent ...noone wants a fight.

Maintenance charges are for refuse/common areas/stairs etc - normal stuff.

He can only evict you for specified reasons as you are there over 6 months:
1. Wishes to sell the property
2. Property for own use or family member
3. Renovation of the property

Obviously he could find a family member handy enough and could "try" sell it but he needs to provide standard declarations for these - you need to read the RTB site and have a read of the residential tenancies act.

So you've been renting an apartment/property for two years with no charge for any of these up to now. I'd pay the 4% but not the 10%. You can't be timid - yes he has been a good landlord and you've been presumably a good tenant to date. There are laws which provide protections to tenants (which many people may disagree with) that need to be adhered to and in your case it's a grey area whether these are being adhered to.

Does the review letter contain 3 comparable properties?

A nuclear option is you pay the increased rate for a few months and then go to the RTB and potentially reclaim the overpayments - not a course of action I'd recommend for relationship/decency reasons but it is an option.

gauchesnell

sorry this is very confusing. Am i out of touch but I dont have a letter. He told me in person. My least is up in October. He is under no obligation to renew it

I will read my lease again but not sure if those reasons are included in the lease

whomitconcerns

Forget worrying about the lease renewal. You are on a part 4 tenancy so that is covered. He can't just add on 10% for things which were included up to now in your original lease. Accept the 4% assuming it's within the rules but reject the 10% as it is not. Unless you are suddenly getting extra services you never had before

ted1

You have part 4 tenancy for 6 years.

Look up part 4, it’s not going to be in your lease but it’s certainly in leglislation

What charges is he adding? The PRTB will see them as skirting around a Rene increase limits and will penalise him

stormthecastle

https://onestopshop.rtb.ie/ending-a-tenancy/ending-a-fixed-term-tenancy/what-is-a-fixed-term-tenancy-what-is-a-part-4-tenancy/

What are the maintenance charges he is trying to get you to pay for?

Get everything in writing if possible, not over the phone. You can be nice and civil but follow up with an email asking him to confirm what was said and outline in the email.

gauchesnell

Ok I am totally confused now. I am struggling with the new charges is all...with rent, food, travel I have nothing left like a lot of people

New charges are maintenance charges

my lease is up in October - I had to get a new lease last year. My lease says he can just end the contract with a months notice.

stormthecastle

gauchesnell wrote: »

Ok I am totally confused now. I am struggling with the new charges is all...with rent, food, travel I have nothing left like a lot of people

New charges are maintenance charges

my lease is up in October - I had to get a new lease last year. My lease says he can just end the contract with a months notice.

Read the link above...lease doesn't matter. You have part 4 tenancy rights and can stay for a further 2 years without a lease except if he is selling etc.

Did he just say maintenance charges? In that case I would say no. Did you query what the maintenance charges were?

whomitconcerns

You don't need a new lease. He can't terminate with a month's notice. It's against the law. That clarifies that.

Have you ever paid for maintenance charges before or are these new services?

If the answer to both is no, then he can't do this.

mdebets

Also remember, he has to give you proper notice in writing of at least 90 days before the rent increase is due (look at the PRTB website for what exactly is needed in the letter). As he has given you only given a verbal notice, it's not valid, so even if you decide to sign a new lease (you don't have to and shouldn't, as you have already a Part 4 lease, which is valid for the next 2 years) he can't increase the rent in as there are less then 90 days left.

maximoose

gauchesnell wrote: »

He can just evict me.

He can't, he needs a valid reason to do so.

gauchesnell wrote:

My least is up in October. He is under no obligation to renew it

You don't need him to renew it. You have the right to stay there under part 4 tenancy unless he has a valid reason to evict you.

gauchesnell wrote:

the new charges will be 10% approx on top of that
My lease says he can just end the contract with a months notice.

Based on what you have said so far, he sounds like an absolute spoofer. Agree to the 4% increase, these charges sound like nonsense just to get an unofficial increase through also.

gauchesnell

ok I am baffled. I have never heard of any of this. I knew the cap was there but the rest is confusing me. surely any LL can simply give me notice and thats that i.e. change the locks and throw my stuff on the street if needed. illegal or not.

I never paid the maintenance charges before. These are new.

machalla

Perhaps the information on here might make it clear what your rights in any tenancy that has lasted more than 6 months (as yours has).

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

stormthecastle

gauchesnell wrote: »

ok I am baffled. I have never heard of any of this. I knew the cap was there but the rest is confusing me. surely any LL can simply give me notice and thats that i.e. change the locks and throw my stuff on the street if needed. illegal or not.

I never paid the maintenance charges before. These are new.

You aren't living with the LL I presume? You are just renting an apartment / house from him?

People are very afraid to ask for anything when they are renting in case the landlord kicks them out but that can't happen. I'm all for getting on with your landlord but you are paying a hefty rent and if there is anything wrong with the place they should fix it.

If the landlord says maintenance fees then query it. Are you in a house and its a fee to cut the lawn. In that case cut it yourself with the landlord providing you the tools or else he is obliged to cut it himself. Is it for bin fees and are these paid for each house / apartment by weight etc. Ask. Don't be timid.

Are you registered with the RTB? If not then ask him for the registration no. Thats up to him to register.

gauchesnell

sorry yeah Im in a flat renting from the LL. Registered etc all ok.

I am very nervous about this TBH as I know he will just kick me out. As I said I came very close to homelessness 2 years ago which was very scary. I have a permanent job and a decent salary but the rents are very difficult. Like a lot of people really.

LL is excellent at fixing stuff etc but yeah I am struggling.

I wasnt aware of any of this and I am certain he wont agree to it. Even thinking of bringing it up with him makes me very nervous that he will just make me leave. I have witnessesed landlords (not my current one) simply turning up with a few guys and turfing people out on the street.

.......

He cant just turf you out. Your rights to your home are greater than his rights to an illegal eviction.

But I totally understand where you are coming from. A friend in work has just been given an invalid increase too and he is paying up because he doesnt want to rock the boat, he feels that even if the LL cannot kick him out immediately, he will be sent packing as soon as the Part 4 is up and in this climate he cannot risk losing the property.

This is happening all over the country. I know its all very well for people here to tell you what you are entitled to and how the RTB will be on your side etc... but the bottom line is that you do not want to give the LL an opportunity to move you on (either illegally or legally when the part 4 is over) as no matter who is in the right - you are the one in danger of homelessness.

gauchesnell

thanks I appreciate that. it is very scary for myself and a lot of people.

I will have a read of the info here but realistically objecting to it terrifies me...even asking for it in writing. There is nothing stopping the LL just putting me on the streets. Again my LL is great but I am struggling which is not his problem I know.

Even last sure I wasn't sure if he would renew my lease and that was very stressful. He wanted me to give him cash originally but I stood my ground and said bank transfer so I am not totally gutless.

The uncertainty of possibly not having anywhere to live in 2 months unless I pay up is very stressful

TheChizler

gauchesnell wrote: »

I wasnt aware of any of this and I am certain he wont agree to it. Even thinking of bringing it up with him makes me very nervous that he will just make me leave. I have witnessesed landlords (not my current one) simply turning up with a few guys and turfing people out on the street.

You have to stop thinking this. That would be an illegal eviction and is not tolerated.

Browney7

gauchesnell wrote: »

thanks I appreciate that. it is very scary for myself and a lot of people.

I will have a read of the info here but realistically objecting to it terrifies me...even asking for it in writing. There is nothing stopping the LL just putting me on the streets. Again my LL is great but I am struggling which is not his problem I know.

Even last sure I wasn't sure if he would renew my lease and that was very stressful. He wanted me to give him cash originally but I stood my ground and said bank transfer so I am not totally gutless.

The uncertainty of possibly not having anywhere to live in 2 months unless I pay up is very stressful

OP, he can't turf you out on the street on a whim. If he does it would be an illegal eviction and he'd have the book thrown at him for doing so.

Relax a tad. If you can afford the 4% and plan on staying put I'd recommend signing a fixed term lease if you are worried about security of tenure as that removes his right to remove you for the three specified reasons mentioned earlier.

I'd recommend you read the Tenancies act and relax. No lease can remove the protections afforded by the tenancies act. Until he gives you notice in writing (90 days notice for any increase), keep paying what you are paying. Keep a diary of all phone calls and notes with landlord and email back brief notes on what you discussed on the call so you have a paper trail if it ever goes to mediation/tribunal.

amcalester

gauchesnell wrote: »

Again my LL is great but I am struggling which is not his problem I know.

He's not that great; he's trying to illegally increase your rent.

gauchesnell

ok thanks I am just stressed. I am thinking of taking out a loan to cover the 10% increase for other costs.

I will read the link thanks a million

I am freaking out a little sorry. I am trying to figure out how to afford the increase is all. Possibly stop eating food

If I say anything though rather than pay up he will just change the locks. I know it may be illegal but realistically what would happen. A fine...and I still have nowhere to live. I actually knowing a colleague who was recently evicted following a rent increase etc etc. Again I think they raised an objection but they were still evicted.

5uspect

gauchesnell wrote: »

There is nothing stopping the LL just putting me on the streets.

This YOUR home.
He cannot throw you out of your home, that is illegal.
He cannot even enter your home without first informing you well beforehand.
If he tries to perform an illegal eviction or throw your belongings out on the street he's completely shafted himself legally and you would have a rock solid case.
You have legal protection under what is called Part 4 tenancy and can continue to live there.
He can only increase the rent as set by rent control.
He cannot demand new maintenance charges from you.

You are perfectly within your rights and don't let him bully you.

.......

It might be useful is we go over the OPs fears one by one.

He could end the tenancy at the end of the part 4 - yes, he could, that is 2 years away, but that is a realistic fear.

He could try to illegally evict the OP using an eviction letter - the OP can sit tight and contact PRTB and open a case based on an illegal eviction on foot of not paying an illegal rent increase. What are the OPs options here? It will almost certainly lead to ending the tenancy at the end of the Part 4 (or would that be off the cards due to a dispute?).

He could change the locks. If he did this, he would certainly be in trouble - but what is the OP going to do to get back into the property in the meantime? What can the OP practically do if this happens?

dennyk

What are these "maintenance charges" he is asking you to pay? If they are something like utility bills, bin charges, etc. that he has been paying up until now but which are not listed as being paid by the landlord in your lease and he is now requiring you to pay them yourself (directly to the providers involved, not to the landlord), that may be permissible. If he's just tacking on a 10% fee to the rent and calling it a "maintenance charge", that's bull**** and he is not allowed to do that; it would be an illegal rent increase. You DO NOT have to sign a new lease to maintain your security of tenure under Part 4 of the Residential Tenancies Act, so if he tries to get you to sign a new lease which includes that bull**** fee, you have the right to refuse and continuing to remain in the property under the terms of your current lease instead.

As for the rent increase itself, that is legal, as you noted, but he must give you written notification 90 days in advance before the new rent takes effect. If you don't receive written notification that follows the required format (see the "Notice of rent review" subsection on this page), then you should continue to pay your current rent until you have received legal notice of an increase and the required notice period has passed. Ignore any verbal notifications of a rent increase. Make sure you continue to pay your current rent amount on time and in full each month so that he has no excuse to serve you notice for nonpayment of rent, and keep documentation of your payments if you aren't doing direct bank transfers.

As everyone else has said, the landlord cannot just choose to evict you for standing up for your rights; you have Part 4 rights and he would need to do so under one of the allowable reasons, and if he lies in order to illegally evict you, you can take him to the RTB and collect damages.

gauchesnell

Thanks again...the maintenance charges are bin charges/common area maintenance/fire alarm maintenance I believe previously covered by the LL....I dont know the full cost....but I never paid for them. A service charge really. It will €200 extra a month on top of the rent increase.

Listen thanks I have a lot of read up on ...I wasnt aware of any of this. I thought I could only stay as long as the current lease existed and my understanding is that it was the LL decision to renew or not.

Looking back he did enter the flat once when I was there ill in bed. BTW I am female so was a little weird.

dudara

OP - I’m going to give some basic here. Make sure to read the RTB website also as this is very helpful.

Under law, you have strong rights as a tenant. Once you have lived in a property for 6 months (as a tenant, not a licensee), you acquire what are known as Part IV rights. In your case this means that you have surety of the tenancy for 6 years, unless the landlord wants to sell, move in family or undertake renovations. Any other reason to give you notice is invalid. (This assumes you are paying rent on time and have no arrears).

The longer you stay in a property, the longer the notice period the landlord has to give to you, and vice versa. These are outlined on the RTB website.

You can sign a lease with the landlord, but it’s important to know that a lease can never take away your basic rights. In other words, if a lease specified a shorter notice period than the law, the law wins. A lease can offer better protection, which is why some people sign them, but remember, it can never lessen your rights.

dennyk

What does your lease say about those charges? If they are included with the property because they are provided for all units by the apartment management company and individual units don't have to sign up for them and can't opt out of those services, then unless your lease states that you are responsible for those charges, you do not have to pay for them; they would be the responsibility of the landlord, as he is the owner of the unit, and your rent should have been set taking those charges into account (and if they've since increased more than your rent can be increased, that's unfortunate for the landlord, but it isn't your problem...).

If some of those services (e.g. bin service) are optional services that individual units can decline and your lease doesn't specifically say they are included with your rental, then your landlord could choose to drop them and you would then be responsible for arranging and paying for those services yourself, though (either through the apartment management company or with a third party provider).

Your landlord can enter your property under certain circumstances (to conduct repairs or inspections pursuant to repairs, for instance), but must always give you reasonable advance notice, except in the event of an emergency (e.g. a plumbing leak causing damage to the property).

gauchesnell

ok a lot to think about.

No mention of the charges in my lease. I appreciate all the info. This is quite confusing but I will admit to being very very nervous about saying anything.

I am just freaking out I suppose. I dont know how I can come up with about 300 extra per month (including rent increase). the rent pressure thing is only applicable to rent though - other charges can increase yearly.

There seems to be a lot I am not aware of but how I could enact it I dont know. Illegal or not he can still make me leave