Landlord increasing Rent twice in one Month

mamia123

Registered User
Messages
1
Hi , had two year Lease of €900 rent pm that expired on 31-Oct. Agreed with landlord a New 1 Year Fixed Lease back in beginning of October for €1000 pm (current rent for houses in my area is €1100, i checked).

I have changed my mind regarding Lease and not signed the lease as I want to keep my options open . I have however forwarded on the new rent of €1000 on Nov 1st . Landlord has asked for the lease to be signed a number of times . I replied last week that I had signed the lease and would send it on , but I am not going to as I want to keep my options open.

Received letter from Landlord last week stating that as 1 Year Fixed has not been signed the Lease is now Month to Month and the Market rate of €1100 Rent per month will apply from Dec onwards and that the Security deposit needs to increase in line with monthly Rental i.e from €900 to €1100.

Can the Landlord legally do this , thought Landlord could only increase rent only every twelve months , my Landlord has increased the rent twice in one Month.

Don't want to leave now as too close to Christmas but if I did, how much notice would I have to give Landlord.

Regards Mamia123
 
He hasn't really increased it twice. You were given the new price for the 12 month's lease. Had you signed and returned the lease that's what you'd be paying.

You haven't signed the new lease, so he's charging a different rate for a month to month agreement.

If you're on month to month agreement, I'd presume you just need a give a month's notice. For the 12 month lease, it would be whatever's in the contract.
 
I have changed my mind regarding Lease and not signed the lease as I want to keep my options open

As you are now month on month, he can ask any amount for a new lease. You can't have it both ways.
 
If you did not receive written notification of the rent increase showing the new rent and the date from which the new rent is applicable, then, the increase is invalid. Also, the notice must be served at least 28 days before the increase takes effect.

If you wish to remain in the property at the end of a fixed term lease, you should notify the landlord in writing between 3 months and 1 month prior the the end of the lease that you wish to avail of a Part 4 tenancy. If you did not notify him, this does not take away from your rights to remain in the property for a total of 4 years without signing a new lease nor your rights under a Part 4 tenancy but you may be liable for any expenses the landlord may have.

You are not on a month to month (periodic) lease, you have a Part 4 tenancy. The laws are somewhat different between the two types of leases.
 
this does not take away from your rights to remain in the property for a total of 4 years without signing a new lease nor your rights under a Part 4 tenancy

Does this override the landlords rights to sell the property or put a member of his immediate family into the property?
 
No, that is one of the disadvantages of a Part 4 tenancy over a fixed term tenancy.

Also, once a fixed term agreement is signed, the landlord cannot change the terms of the agreement, that is, he cannot increase the rent during the term (unless there is an appropriate clause allowing it and anyway, there cannot be a rent increase more than once in any 12 month period.
 
Hi Mamaia,

Please be aware that if you wish to leave you will need to give the Landlord 56 days notice as you have been in the property for over 2 years.

On a side note , the way in which you are dealing with the Landlord is not an honest way of doing things . Lease agreements are a legal way of doing things but our word is our bond and should be held to higher standard than any legal agreement . Unfortunately this may only come back to bite you if you are not up front with the Landlord.

Regards, Bliston
 
Back
Top