Valuation + Two notices of rent review in a month

L

LostinPhilly1

Registered User
Messages
17
Hi all,

A bit of background:

I signed my current lease in February 2021 with a property management company. Exactly a year after my tenancy started, they sent me a rent review notice dated February 2022 which was compliant with RTB stipulations (2% increase as located in an RPZ; 3 months notice (rate effective June 2022); 3 comparable dwellings included; physical signature of the agent / LL on the notice).

However, things have been a bit strange since Monday. On Monday, the managing agent reached out to me saying the owner wants to send another real estate agent to conduct a valuation. I politely asked if there will be any impact on my rental agreement in the near future and was told they don't have any further information as of now. The real estate agent conducting the valuation reached out to me on Tuesday to ask if they could "inspect" this week (they didn't mention it was a valuation) which didn't work for me as my work schedule was packed and they needed to visit during business hours. They asked to visit without me being present which I refused since I have sensitive work information at home. We managed to arrange a slot for this upcoming Monday.

In the meantime, I received a second review notice from my current managing agent, this time around with Tuesday's date but with a different rate (2.2% increase) and start date (July 2022). It was also physically signed and included 3 comparable dwellings. This second rent review notice did not refer to the first one sent or acknowledged it. I would have understood if they had advised it was a correction, but no such thing was mentioned.

I honestly have a hard time believing the managing agent did not realize they had already performed and sent a rent review notice in February. While the increase in itself is not the issue, it is very confusing for me as a tenant as my main red flag is the request for valuation and subsequent rent review.

I cannot say the managing agent has been great to deal with (especially when it came to getting urgent issues fixed), so I am a bit wary. The rent is slightly below market rate and I'm honestly quite confused as to what is happening. I'm suspecting the owner wants to sell.

Would anyone be able to provide advice?

Thanks.
 
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It looks like the landlord is trying to sell and ensure that the rent being paid is the maximum to maximise what he can get on the market.

In any case if you are in an RPZ the landlord can't review within 24 months of tenancy beginning. If you are in an RPZ write back and say both rent reviews are invalid.

 

I wasn't aware of this. Do you mind providing me with the link where I can source this information in writing?

Definitely RPZ as it falls under Dublin City Council.

I checked the RTB website on numerous occasions and I didn't see anything mentioning this. As a matter of fact, they gave the below example:

"A rented property is located in an RPZ. A tenant moved in on 11 December 2020 and a rent of €1,800 was set. The landlord is entitled to review the rent following 12 months from the tenancy commencement date and proceeds to enter the relevant details in to the RTB Rent Pressure Zone Calculator on 11 December 2021"

So, it has always seemed clear to me that the landlord can review the rent after 12 months.
 
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Are you sure about the 24 months? Does that only apply when a new rpz is announced? If you look at the rent notice you will see the filling on the first page…taken from Rtb site.

This Notice of Rent Review must be served by the Landlord on the Tenant(s) at least 90 days before the new rent becomes payable. There are also restrictions on how frequently rent reviews can take place – once every 12 months for tenancies located in RPZs and every 24 months for tenancies located outside RPZs. For more details on rent reviews and to find out if your tenancy is in a RPZ, visit www.rtb.ie

If you are in Dublin your landlord can apply yearly increases as rpz was established Dec 2016.
 
Sounds like the agent just sent the second review in error. (I could be very naive!). Just sent a copy of the Feb review back to them (which I assume you signed). Say rent was reviewed in Feb 2022, it cannot be reviewed for another 12 months so I am returning the May review unsigned.

Just leave it at that and see what happens. They can give you the 3 months notice any time they like, if the valuation was for selling purposes.

And on a side note if you have sensitive work information in your house I am sure your company has a policy that it should be locked away when you are not around. And even if your company does not have that policy then it is still best practice.
 
The issue has since been resolved. Thanks.

Re: the confidential data: Yes I'm aware it needs to be locked away, but I still don't trust strangers around the place without my presence regardless.
 
Don't panic - the valuation could be for many reasons, including sale but many years ago it happened to me and turned out to be that the landlord had dementia and was going into a nursing home.
 
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