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Landlord increasing rent. Is notice period too short?

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  • 14-08-2019 2:52pm
    #1
    killanena
    Registered Users Posts: 1,122 ✭✭✭


    Hi all,

    I have been renting my current home sense march 2015. No lease was ever signed even after requesting one from the landlord multiple times within my first few months of tenancy. He always responded saying the next time he calls etc. He's actually only ever called twice with no notice and both times I was at work. I always paid my rent through online banking into his personal account that states "Rent" so I have proof of payments sense moving in.

    I received a letter Monday from him stating that from the first of October that my rent will be increasing by exactly 30.95% and notice was granted on the 1st of August. Meaning that's 2 months notice.

    I don't live in a RPZ. Is 2 months notice enough or should I legally be given more given the length of my tenancy?


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    #2
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    Sweet baby jesus there is so much wrong with this. I can't stand "landlords" like this muppet.

    Here are your rights and responsibilities, and his.
    https://onestopshop.rtb.ie/beginning-a-tenancy/rights-and-responsibilities/

    - You don't sound like you are registered
    - he has invaded your privacy (showing up without notice)

    Now, on the rent review. Was the letter properly formed?
    https://onestopshop.rtb.ie/beginning-a-tenancy/sett/

    The review must be based on current market rent and three comparable properties must be provided by the landlord to show evidence as to how the new rent amount was arrived at.

    They need to give you 90 days notice of a change in rent.


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    #3
    killanena
    Registered Users Posts: 1,122 ✭✭✭killanena


    Thanks for the reply pwurple. He never actually entered the property two times he called. Both times was to drop off new keys for the bins which he left in the letter box. Also the second time my GF was staying over at the time and she doesnt answer my door for me.

    The letter looks like it contains all above in that link. The price increase is within range of similar properties in the area but the notice period is only 61 days by the looks of it. Can I get this increase pushed to November to do you think?


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    #4
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    If you’re happy to stay there and rent is reasonable v comparables maybe have a word with him kindly advising him the notice period is wrong. I wouldn’t do his job for him, it’s up to him to know the correct notice period. However many are not aware of the changes that came into effect on 4 June.

    Did he provide comparables?

    Re the lease you’re protected under the law. There is nothing a written lease can do other than add to your security however your well protected under law.

    Registration doesn’t affect you. If he’s not registered it’s pretty easy for him to do so and pay late fee,

    It sounds like he didn’t enter property so no case there for any breach of peaceful enjoyment.


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    #5
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    If he was only dropping off keys, I wouldn’t use this as it sounds like a genuine thing. If you have lived there for 4 years and this is the only time he has ever called, it sounds like a perfect setup for you to enjoy a peaceful setup.

    You don’t need a lease either. After a number of months you are protected under part 4 of tenancy law which would supersede a lease in any case.

    If both of you have had a decent relationship and the rent is around market rate. Then I would mention to him that you have no problem paying the rent increase however you would like to follow the correct notice period which should be 90 days so it should start from the beginning of November.

    If you start asking for pictures of similar properties even though you knows it’s going for that price, or you want to start the notice from the date he serves a valid notice, I would take it the wrong way and basically serve you a valid notice however it would be the max I am able to possible charge.


    Some would disagree with my sentiment however if both side come to a comprise then it should be fine.


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    #6
    Xterminator
    Registered Users Posts: 4,718 ✭✭✭Xterminator


    Hi OP

    what is your ideal result here? are you concerned about keeping a good relationship with your landlord?

    do you want to stay put, and just have 1 month more without the increase?
    in that case i'd follow Baby01032012's advice and let him know as soon as possible, that there is no bother, and you would just like to get the proper notice period.

    do you want to defer the rent rise as long as possible, knowing this could really tick off the landlord?
    In that case you could wait until the price rise is applied say nothing about the invalid notice period, and then open a case with RTB. i dont think that is a nice thing to do, but it probably would lead to a few months of lower rent, and your relationship with landlord soured.

    would you consider moving to another place locally now you are going to be paying the going rate? in that case you could tell him his notice period is invalid, but you will move out instead of paying more rent if he prefers. that way you could negotiate notice period etc, and there is some possibility he might make you a counter offer on the rent increase.


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    #7
    ted1
    Registered Users Posts: 23,300 ✭✭✭✭ted1


    pwurple wrote: »
    Sweet baby jesus there is so much wrong with this. I can't stand "landlords" like this muppet.

    Here are your rights and responsibilities, and his.
    https://onestopshop.rtb.ie/beginning-a-tenancy/rights-and-responsibilities/

    - You don't sound like you are registered
    - he has invaded your privacy (showing up without notice)

    Now, on the rent review. Was the letter properly formed?
    https://onestopshop.rtb.ie/beginning-a-tenancy/sett/

    The review must be based on current market rent and three comparable properties must be provided by the landlord to show evidence as to how the new rent amount was arrived at.

    They need to give you 90 days notice of a change in rent.

    I think you may owe the landlord an apology..... only thing he seems to have done wrong is 2 months instead of 3.


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    #8
    Bass Reeves
    Registered Users Posts: 18,198 ✭✭✭✭Bass Reeves


    ted1 wrote: »
    I think you may owe the landlord an apology..... only thing he seems to have done wrong is 2 months instead of 3.

    Everybody thinks landlords are big bad guys. A lad who is a building subcontractor has 3 houses. A while back he said the big fear for some landlord is taht the RPZ would be extended nationwide. This would mean that landlord who's rents were well below the norm( as in this case it seems) would get caught offside.

    Slava Ukrainii



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    #9
    Sir Oxman
    Closed Accounts Posts: 8,492 ✭✭✭Sir Oxman


    Surely any increase has to align with when OP started tenancy?
    March of 2015.
    Therefore March 2020 with adequate notice?


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    #10
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    pwurple wrote: »
    Sweet baby jesus there is so much wrong with this. I can't stand "landlords" like this muppet.

    :rolleyes:

    Looking for market rate rent? The monster!


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    #11
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    ted1 wrote: »
    I think you may owe the landlord an apology..... only thing he seems to have done wrong is 2 months instead of 3.

    I still wouldn't be happy with being fobbed off for 4 years with no lease, being repeatedly told it's coming next week. There are protections in place, but why not just say there is no lease coming?

    But yes, at least the OP clarified later that the invasion of privacy was not as described in the first post. It read like he was showing up and letting himself in.


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    #12
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    Bass Reeves wrote: »
    Everybody thinks landlords are big bad guys. A lad who is a building subcontractor has 3 houses. A while back he said the big fear for some landlord is taht the RPZ would be extended nationwide. This would mean that landlord who's rents were well below the norm( as in this case it seems) would get caught offside.


    I'm a landlord myself. Not registering tenants, and not giving them a lease when you said you would isn't great in my book. At least be straight with people.

    This landlord is definitely making the right move adjusting the rent to the current standards, I'd advise everyone to do it.

    I'm sure we all think we are good landlords, but maybe my standards of adhering to my legal responsibilities are off the wall. :pac:


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    #13
    Achasanai
    Closed Accounts Posts: 730 ✭✭✭Achasanai


    killanena wrote: »
    Hi all,
    I received a letter Monday from him stating that from the first of October that my rent will be increasing by exactly 30.95% and notice was granted on the 1st of August. Meaning that's 2 months notice.


    Is he backdating the notice? You received the letter on Monday, but notice was 'granted' 1 August?



    I think it would be pertinent to check the market rate, and if you think his increase is above this, ask him for the necessary documents. You should also be getting more than 2 months notice.


    Despite perhaps not invading your property, the landlord is by no means a saint, and certainly doesn't deserve an apology!


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