Can my landlord increase rent if it is already way above market price?

Orlak2410 · 13-12-2021 05:53PM #1

I’m two years in my apartment and the rent is about €200 more than similar apartments in the same building. I think I was taken advantage of because I was desperate to find somewhere at the time. I signed a one year lease when moving in and there has been no subsequent lease signed since. If my landlord tries to increase the rent, can I dispute it on the basis that the monthly rent is already way above what it’s worth?

DubCount · 13-12-2021 07:05PM

Rules for rent increases are gone so complicated, its hard to be definitive.

If you're not in a RPZ, the rent review cannot be until 24 months into the tenancy. Maybe the rent review gave the incorrect notice, or was not in the RTB format.

Assuming everything is valid with the notice, AFAIK, a rent increase cannot be above market rate. Market rate does not just mean your apartment block, it could be any apartment block in the general area. Check what is advertised on Daft in your area.

Maybe check with Threshold for their view.

Also consider if you want to have this fight with your LL in a market where finding somewhere else could be a problem. What happens if you win the rent increase battle and your LL then gives notice to terminate because he/she is selling up. Its not a good time to be a tenant right now. Best of luck.

Jasper79 · 13-12-2021 07:33PM

No you cannot. As long as the increase is in line with the rpz limits then it doesn't matter what amount the actual rent is. On flip side lots of landlords left renting below market rate due to the same rules.

touts · 13-12-2021 07:52PM

https://www.boards.ie/discussion/2058222696/can-my-landlord-increase-rent-if-it-is-already-way-above-market-price

If you think you are paying €200 above the market rate then move.

Orlak2410 · 13-12-2021 07:54PM

https://www.boards.ie/discussion/comment/118316851#Comment_118316851

Since I am currently renting it without a lease agreement (because the lease with the agreed rent expired after one year) can I contest a rent increase or possibly even seek a decrease?

Orlak2410 · 13-12-2021 07:55PM

https://www.boards.ie/discussion/comment/118316922#Comment_118316922

I have been looking but there’s too much competition

micah537 · 13-12-2021 08:01PM

https://www.boards.ie/discussion/comment/118316933#Comment_118316933

That's incorrect. You still have a lease with Part 4 tenancy.

steamsey · 13-12-2021 08:01PM

https://www.boards.ie/discussion/comment/118316933#Comment_118316933

Statutory rights kick in after 6 months. No lease required for ongoing tenancies. You're no better or worse off not having a new lease every year

touts · 13-12-2021 08:06PM

https://www.boards.ie/discussion/comment/118316938#Comment_118316938

Then if you can't get anything cheaper it doesn't sound like you are overpaying.

I don't mean to be blunt but there is a narrative being peddled by some political parties that evil landlords are conspiring to suck everyone dry and only they will save us if we just vote for them. If you like your apartment and you can't get anything cheaper then you should probably think hard before you drag your landlord through a process where you both lose.

Jasper79 · 13-12-2021 08:15PM

https://www.boards.ie/discussion/comment/118316933#Comment_118316933

You're free of course to request a decrease or ask landlord not to increase the rent but its a LL market at the minute so prob unlikely. Also the government have punished LLs for rewarding good tenants with lower rents by holding these rents for future tenants so theres no real benefit to the LL. The expiry of the lease means nothing unfortunately other than you're free to give notice if you do find a Cheaper place to rent.

MacDanger · 13-12-2021 08:16PM

https://www.boards.ie/discussion/2058222696/can-my-landlord-increase-rent-if-it-is-already-way-above-market-price

For a rent review within an RPZ, the LL needs to provide evidence that the new rent is not more than local market rents for similar properties. 

Orlak2410 · 13-12-2021 08:18PM

https://www.boards.ie/discussion/comment/118316965#Comment_118316965

Yes but aren’t the variable terms of the lease void after one year?

gypsy79 · 13-12-2021 08:19PM

I currently have an appeal against a rent increase. It costs 15 euro

Doing it for **** and giggles really as landlord has been a royal pain in the hole. But I am sale agreed on a property so not likely to ever pay the increased rent

They have failed badly on providing the 3 properties required to justify and ignored lower and better looked after properties. You do wonder how much their agents try to generate this churn

Landlord has also already made threats to take price of new blinds out to replace 20 year old blinds that have rotted off the window due to windows been broke. This incident was what brought me to enter the property market. They were in pretty bad state when i moved in and have detoriated over 3 years.

The tough part is deciding when to stop paying rent to ensure I get my deposit back

Orlak2410 · 13-12-2021 08:20PM

https://www.boards.ie/discussion/comment/118316967#Comment_118316967

Are the variable terms like rent amount not able to be amended though?

Orlak2410 · 13-12-2021 08:22PM

https://www.boards.ie/discussion/comment/118316997#Comment_118316997

There are properties that I have viewed that are cheaper than mine but they are larger and in better locations

Orlak2410 · 13-12-2021 08:23PM

https://www.boards.ie/discussion/comment/118317039#Comment_118317039

I would have thought that a rent review would be possible

Orlak2410 · 13-12-2021 08:25PM

https://www.boards.ie/discussion/comment/118317040#Comment_118317040

So if I or the landlord request a rent review and the RTB investigate similar properties in my building that are around 200 cheaper, it may work in my favour?

Jasper79 · 13-12-2021 08:26PM

https://www.boards.ie/discussion/comment/118317063#Comment_118317063

Reviewed yes. Absolutely won't be reduced. Why would it ?

Orlak2410 · 13-12-2021 08:29PM

https://www.boards.ie/discussion/comment/118317074#Comment_118317074

Because the rent I am paying the past two years is €200 on average more expensive than similar properties in the same building

Jasper79 · 13-12-2021 08:32PM

https://www.boards.ie/discussion/comment/118317089#Comment_118317089

Yes but you agreed to it. And have been paying it for 2 years. You're Free to move on if you find cheaper. No landlord is going to reduce rent by that much and they would be crazy to.

Orlak2410 · 13-12-2021 08:34PM

https://www.boards.ie/discussion/comment/118317101#Comment_118317101

Yes but that doesn’t make it fair. I know the landlord won’t but if it is reviewed with the RTB and they see it for what it is, he may have no choice

Jasper79 · 13-12-2021 08:39PM

There are more landlords stuck with under market value rents which is also unfair.

It would be alot easier to just move into one of the lower rental properties in the building no?

I really don't see you getting anywhere with having the rent reduced.

Orlak2410 · 13-12-2021 08:49PM

https://www.boards.ie/discussion/comment/118317135#Comment_118317135

Every time an apartment becomes available there is some reason the landlord can’t give it to me. I think he knows he won’t get what I’m paying for mine again so is keeping me there on purpose. I may not get it reduced but I will certainly contest it going up if he tries to.

touts · 13-12-2021 09:00PM

https://www.boards.ie/discussion/comment/118317058#Comment_118317058

Then move.

Orlak2410 · 13-12-2021 09:38PM

https://www.boards.ie/discussion/comment/118317244#Comment_118317244

Didn’t think of that thanks a lot for your advice

MacDanger · 13-12-2021 10:00PM

https://www.boards.ie/discussion/comment/118317068#Comment_118317068

Don't think there's any way you can force the LL to reduce the rent

Bass Reeves · 13-12-2021 10:10PM

A LL doesn't have to reduce rent if it is above market rate unless when the rent was renewed two years ago it was above the allowed rise by RPZ rules.

https://www.boards.ie/discussion/comment/118316965#Comment_118316965

Not unless you gave a written request for it. If you have not given a written request you do not have part 4 tenancy

Orlak2410 · 13-12-2021 10:29PM

https://www.boards.ie/discussion/comment/118317528#Comment_118317528

But I may be able to inhibit a rent increase if the rent is already above market price

Orlak2410 · 13-12-2021 10:30PM

https://www.boards.ie/discussion/comment/118317577#Comment_118317577

I think it was still way above market rate two years ago

Bass Reeves · 13-12-2021 10:54PM

https://www.boards.ie/discussion/comment/118317685#Comment_118317685

A LL has to give three examples. If he gave three examples then you and the RTB accepted them. It's very hard to go back two years later and say it was above market rates if you accepted that those were the market rates at the time.

This time he doesn't have to prove market rates. He actually did not have to prove last time either. You are only allowed to increase rent by rates set RPZ calculator.

MacDanger · 13-12-2021 11:43PM

https://www.boards.ie/discussion/comment/118317674#Comment_118317674

Yes

Can my landlord increase rent if it is already way above market price?

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