Increase in rent, has tenant any choice?

[dmos87]

Hi all, would appreciate any advice if possible.

I'm asking on behalf of a friend. She has lived in the same rental property for almost 6 years now, with her husband. Her marriage has fallen apart in the last year and he has left the property. Their rent has been 750 pm for the past 6 years. She has maintained this cost, never missing a payment since the separation despite only a part-time income, awaiting for help from social welfare. She has now this week been allocated rent allowance which will help.

Her landlord has advised her rent will be increasing at the end of the year by an additional 275 euros per month. She is very worried, as her rent allowance does not cover this amount and they do not allow her to privately top this up - regardless, she can't afford the increase.

Does she have any say on the increase? Can she refuse the increase and if so, can she be made to leave the property? Its the home her child was born into and she would of course rather stay if she can. Rental market is very tight in Cork and there is no-where to rent at present within the rent allowance bracket.

 

[facetious]

Any rent increase must not be above the 'market rate', which is defined as what a willing tenant will pay and a landlord will accept for a vacant property. It is usual for a new rent for a tenant in situ to be less than that of a vacant property.

Basically, a tenant has three options:
1. Make a claim with the PRTB that the new rent is above market rate, in which case she will have to find proof of that fact. the landlord will have to have proof that the new rent is not above the market rate. However, this will not take from the fact that she now has an upper limit put in place by SW.
2. Vacate (but she may have to give 56 days notice in writing), as she is unable to afford the property. Such is life, and there are prople losing their homes who cannot afford their mortgages, very little difference here.
3. Talk to the landlord and try to negotiate a lower rent than requested. To her benefit, she has always paid the rent in full and on time. If she vacated, the landlord would have to go to the expense of redecorating the property and after 6 years of occupation without decorating this could prove to be an expensive move. The landlord might also have to upgrade the heating system as well as replace some appliances. All valuable negotiating facts.

 

[Bronte]

That's a very large increase. And a good tenant who has been paying the rent solidly. But if it's market rate then the landlord is entitled to it. I heard on the radio today that rents in Cork and Galway are rising faster than Dublin.

There is however as far as I know some leeway with the rent allowance. It's not much talked about but where there are families likely to be evicted they can go over the rent allowance limit. Your friend needs to find out about her options. A letter from the landlord with the rent increase will help. Best of luck.

 

[sunnydonkey]

Talk to the landlord. If he hasnt put up the rent for six years he seems a reasonable sort but one who is now entitled to his increase. He may be prepared to negotiate. Then get on to the rent allowance people. However she should remember she is now in a completely different financial situation to that before her separation and may be living beyond her current means. She has no expectation that the state should bring her back to her pre separation income level. Is her ex paying her any?