# new rules for landlords re:rents



## suicra05 (7 Dec 2015)

Hi,

Does anybody know where would I get the information in relation to the new rules for landlords reroposed rent increases and other details? 

Regards,

Joe Ryan


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## Kerry Gooner (7 Dec 2015)

suicra05 said:


> Hi,
> 
> Does anybody know where would I get the information in relation to the new rules for landlords reroposed rent increases and other details?
> 
> ...


Have you tried the PRTB


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## Bolter (12 Dec 2015)

Thanks for that link. Excellent summary.


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## galway_blow_in (18 Dec 2015)

i bought an apartment at the end of october and im the full owner for about a week now , the last rent increase was in august of this year , can i not raise the rent for two years ?


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## robert 200 (19 Dec 2015)

you can raise the rent in Aug 2017


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## facetious (19 Dec 2015)

galway_blow_in said:


> i bought an apartment at the end of october and im the full owner for about a week now , the last rent increase was in august of this year , can i not raise the rent for two years ?


May we assume that you bought the apartment with a tenant in place? If this is the case and the tenancy continues in being then, yes, you must wait 2 years before increasing the rent and you must also give 90 days notice of the rent review. As robert 200 has indicated.


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## galway_blow_in (19 Dec 2015)

facetious said:


> May we assume that you bought the apartment with a tenant in place? If this is the case and the tenancy continues in being then, yes, you must wait 2 years before increasing the rent and you must also give 90 days notice of the rent review. As robert 200 has indicated.



yes but i bought the place prior to the new rules being brought in ( less than four weeks prior )

i read the link , its excellent , i was aware that i must give ninety days notice of a rent review , does a tenancy registration automatically mean a rent review has happened though ? , i know it bestows certain rights on the tenant


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## galway_blow_in (20 Dec 2015)

facetious said:


> May we assume that you bought the apartment with a tenant in place? If this is the case and the tenancy continues in being then, yes, you must wait 2 years before increasing the rent and you must also give 90 days notice of the rent review. As robert 200 has indicated.



thank you for that clear detail

the tenancy actually began in march of 2015 so i must wait until march 2017 to request a rent review


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## Bronte (21 Dec 2015)

If the tenancy started in March this year how did he get an increase in August?  IF you mean PRTB registration in your query, that is presumably you registering the tenancy in your name.  When you raise, or lower the rent you can go back into the PRTB registration and change the rent amount.  I'd imagine most landlords don't bother to do this.


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## in the mire (29 Dec 2015)

Sorry for interrupting, But after reading the new rules I'm still not sure, So my question is, I rented out a property in April 2014, In April 2015 I did not raise the rent, So in April 2016 can I raise the rent? Also I checked the usual web sites to get an idea of rental price in the area where my property is (rural area)and there is noting for rent, How would I be able to give evidence of rent for equivalent properties?


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## facetious (29 Dec 2015)

*The amendments also have a form of retrospective effect. Therefore, if a rent review occurred during 2015, the next review may not occur until 2017. *
_PRTB website "Latest news" dated 4th December 2015_

Thus, if you have not had a rent review since April 2014 you may have a review on the expiry of the current lease in April 2016. However, remember that you must now give 90 days notice of a review. You should also be prudent that you have complied all the requirements with the RTA 2004 otherwise you may have to wait a further 90 day period before a new valid review may be applicable.

If you are unable to provide evidence of rent for other properties in the area you may have to go to an estate agent to get their input on the matter.


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## Dermot (29 Dec 2015)

in the mire said:


> Also I checked the usual web sites to get an idea of rental price in the area where my property is (rural area)and there is noting for rent, How would I be able to give evidence of rent for equivalent properties?


"in the mire".  To answer your question about when you can raise the rent my understanding is that you will be able to raise the rent in April 2016 provide you give 3 months notice.
As to the matter of giving evidence of equivalent properties this is going to be very difficult to source.  From my own research over the last month I have found that a lot of properties are being let by word of mouth and it is not that easy to get one never mind 3 quotes.

I have a one bedroom apartment in Dublin 2 which is coming up for a rent review shortly.  Checked Daft today for one bed Apartments today in Dublin 2.  There are 41 one Bedroom Apartments for rent.  Of the 41 for letting 33 are for weekly lettings. 1 is for a person sharing which leaves 7. one bedroom apartments for comparison purposes. There are quite a variety of apartments in Dublin 2 and other variables in the area. The rents The rent quoted for the other 7 vary's from €1150 to €1750 and none are in the street that I have my one in.

Outside of Dublin I have properties where there are as low as 2 properties in the main county town for rent and none if I was to do a search of 3 Beds houses.  I agree that it will be next to impossible for you to get a comparator to support the nonsense clause that Comrade Kelly has brought in.
My attitude is going to be I will do a check for the week before and keep the search dates and if the tenants can produce contrary factual evidence I will take it on board and if they cannot they will have to accept the rent increase.   I always dealt with tenants in a very humane manner but after Comrade Kelly's intervention I am going to take a tougher line.


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## in the mire (30 Dec 2015)

thanks for replies, I must say the term "rent review" is misleading, You could interpret it by saying I looked at the rent rates in the area and they have not gone up therefore my tenants rent will not go up. That to me is "rent review" and that is what I did last year. So from what I understand from your replies is if the rent goes up or down that is a "rent review" if it stays the same it is not a "rent review"


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## facetious (30 Dec 2015)

A rent review is when the landlord looks at the amount of rent payable and decides to either decrease, increase or leave it the same. In the latter case, the landlord does not have to notify the tenant of the review as the rent remains the same. However, if the landlord decides to change the amount of rent payable then that starts a new rent and, since the 4th December 2015, no increase or decrease is permitted within 24 months of a previous increase.

You may review (privately) the amount of rent payable by your tenant as often as you like but an official rent review would require you to advise the tenant of an increase or decrease in rent payable.

Posters tend to use 'rent review' as it is the heading in the RTA 2004 Part 3, sections 19 to 24.


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## in the mire (30 Dec 2015)

In 2014 I signed a 1 year lease with tenant which I renewed in 2015 with same tenant without rent increase. Would I still be able to increase rent in 2016 with new lease to existing tenant?


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## facetious (30 Dec 2015)

Yes, and start the process soon as you need to give 90 days notice


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## Meath Lady (30 Dec 2015)

facetious said:


> Yes, and start the process soon as you need to give 90 days notice;
> 
> I increased my rent in October 2014. My tenants bought a house and left in February 2015. Since then I have upgraded the house with new windows, insulation, new fittings etc and am now ready to re-let. Can I now increase the rent when I advertise property to let or must I wait until October 2016.  Likewise if tenants break lease or leave after one year must I advertise at the previous rent or is rent review allowable for new tenants.


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## in the mire (30 Dec 2015)

facetious said:


> Yes, and start the process soon as you need to give 90 days notice



Thanks for your time and replies.


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## Dermot (31 Dec 2015)

I tried to read the amendment and for the life of me if I was given 3 months to study it the only thing I would get out of it is a mental breakdown. Why does something so relatively simple end up being written in a manner that less than 0.00001 % of the population could or will understand it. Surely there should be an exception to the rule that "ignorance of the law is no defence" in this case.  Am I the only only who thinks that this amendment together with the original act is borderline incomprehensible.  Maybe I am getting too old.
Facetious. Are you doing any "grinds" on this subject


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## facetious (2 Jan 2016)

Hi Dermot. I don't think you are as old as myself - coming up to 70 in a couple of months! I just enjoy helping both landlords and tenants who are having difficulties. Having been but tenant, landlord and a licensee, plus, in my younger days I lived for some time in various bedsits of all descriptions, some with mice/rats running around behind the walls. I am completely impartial and will speak out against an injured party irrespective of which side they are on.

A judge has even stated, can't remember the High Court case off hand but from memory I think it was Judge Lefroy, possibly, when he ( should that be she?) said that in places the RTA was very difficult to understand and could have been written in a better way. But then, it keeps the lawyers in work and happy.

What I did was to first download and read the RTA 2004 (in PDF format) and to which I added my own notes as and when necessary. I also download any pieces of information from the PRTB website, forums, and any other sources when I think the information is correct and appropriate. so far I have 224 files in 11 folders - there's some reading there! I have also read over 1200 dispute adjudications and tribunal resolutions. The latter are more interesting as they give much more detail about the case. Bronte gives excellent advise and has correct me on several occasions.


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## in the mire (17 Jan 2016)

facetious said:


> *The amendments also have a form of retrospective effect. Therefore, if a rent review occurred during 2015, the next review may not occur until 2017. *
> _PRTB website "Latest news" dated 4th December 2015_
> 
> Thus, if you have not had a rent review since April 2014 you may have a review on the expiry of the current lease in April 2016. However, remember that you must now give 90 days notice of a review. You should also be prudent that you have complied all the requirements with the RTA 2004 otherwise you may have to wait a further 90 day period before a new valid review may be applicable.
> ...


Is this statement correct? 
"The notice period for a rent increase has increased to 90 days. The legislation contains new requirements to provide comparable market rents and other documentation to tenants but this element of the act is not yet active".


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## facetious (17 Jan 2016)

in the mire said:


> Is this statement correct?
> "The notice period for a rent increase has increased to 90 days. The legislation contains new requirements to provide comparable market rents and other documentation to tenants but this element of the act is not yet active".


Typical of a law made in haste (and no thought) and the Irish government in general, making a law that firstly is only partly enacted and secondly has not been published in full (that I know of). Thus, we don't know what exactly the law is especially about the deposit scheme.


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## in the mire (17 Jan 2016)

I need to send a letter to my tenant informing them of a rent increase, I have 3 examples of houses for rent in the area and I have saved them on file. Will I just send a letter? It doesn't seem to be a requirement to send 3 examples as they can check daft.ie themselves.


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## Bronte (18 May 2019)

facetious said:


> Hi Dermot. I don't think you are as old as myself - coming up to 70 in a couple of months! I just enjoy helping both landlords and tenants who are having difficulties. Having been but tenant, landlord and a licensee, plus, in my younger days I lived for some time in various bedsits of all descriptions, some with mice/rats running around behind the walls. I am completely impartial and will speak out against an injured party irrespective of which side they are on.
> 
> A judge has even stated, can't remember the High Court case off hand but from memory I think it was Judge Lefroy, possibly, when he ( should that be she?) said that in places the RTA was very difficult to understand and could have been written in a better way. But then, it keeps the lawyers in work and happy.
> 
> What I did was to first download and read the RTA 2004 (in PDF format) and to which I added my own notes as and when necessary. I also download any pieces of information from the PRTB website, forums, and any other sources when I think the information is correct and appropriate. so far I have 224 files in 11 folders - there's some reading there! I have also read over 1200 dispute adjudications and tribunal resolutions. The latter are more interesting as they give much more detail about the case. Bronte gives excellent advise and has correct me on several occasions.


Wow Facetious thanks for that. But I can’t claim to be an expert.


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## Saavy99 (18 May 2019)

facetious said:


> Hi Dermot. I don't think you are as old as myself - coming up to 70 in a couple of months! I just enjoy helping both landlords and tenants who are having difficulties. Having been but tenant, landlord and a licensee, plus, in my younger days I lived for some time in various bedsits of all descriptions, some with mice/rats running around behind the walls. I am completely impartial and will speak out against an injured party irrespective of which side they are on.
> 
> A judge has even stated, can't remember the High Court case off hand but from memory I think it was Judge Lefroy, possibly, when he ( should that be she?) said that in places the RTA was very difficult to understand and could have been written in a better way. But then, it keeps the lawyers in work and happy.
> 
> What I did was to first download and read the RTA 2004 (in PDF format) and to which I added my own notes as and when necessary. I also download any pieces of information from the PRTB website, forums, and any other sources when I think the information is correct and appropriate. so far I have 224 files in 11 folders - there's some reading there! I have also read over 1200 dispute adjudications and tribunal resolutions. The latter are more interesting as they give much more detail about the case. Bronte gives excellent advise and has correct me on several occasions.



Oh wow, now that's dedication for you and amazing that you have such interest in the matter

Perhaps you could answer my question. Is it possible to do do short term lets of 3 to 5 months, take a break for a month and rent again for another few months to different tennents without losing control of the house and getting tied up in all this breaucracy?
I have never rented previously and I am not in a rent pressure zone.


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## Saavy99 (18 May 2019)

Anyone,?


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## cremeegg (18 May 2019)

Saavy99 said:


> Is it possible to do do short term lets of 3 to 5 months, take a break for a month and rent again for another few months to different tennents without losing control of the house and getting tied up in all this breaucracy?
> I have never rented previously and I am not in a rent pressure zone.



What exactly is your question.

You can rent for any period up to six months. Give effective notice and end the tenancy.

I don't see what the "break for a month" you mention is about.

You are subject to the Residential Tenancies Act no matter what period you rent for. If the tenancy exceeds 6 months there are restrictions on the reasons for which you can give notice.

At least that is how I understand it.


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## facetious (19 May 2019)

Bronte said:


> Wow Facetious thanks for that. But I can’t claim to be an expert.


Bronte, you have dug up a very old post from 2016! And I'm no expert either. I haven't followed the new laws introduced during the last couple of years - there have been so many changes and there's more to come, long term tenants' rights.


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## Bronte (19 May 2019)

I went looking for posts on bedsits and found this one. Glad you’re still alive!


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## facetious (19 May 2019)

Saavy99 said:


> Oh wow, now that's dedication for you and amazing that you have such interest in the matter
> 
> Perhaps you could answer my question. Is it possible to do do short term lets of 3 to 5 months, take a break for a month and rent again for another few months to different tennents without losing control of the house and getting tied up in all this breaucracy?
> I have never rented previously and I am not in a rent pressure zone.


As cremeegg indicates, you may rent for any period you choose under six months - over the six months and you get into the difficulty of a tenant's Part 4 rights. However, you may have difficulty in getting tenants for such a short period as 3/4/5 months


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