Follow up and New Issue on Residential Lease Renewal

[Lara]

Hi all
This is a follow on from http://www.askaboutmoney.com/showthread.php?t=106093.

My friend it still at the property for the simple reason that he is a single parent with 2 children doing big exams and he's reluctant to start hauling them out of the property which is understandable.

The landlord seems like a bit of a ball-buster and has a lot of clout in property scene; he was really harsh when my friend asked for the reduction and my friend is now afraid to rock the boat any further. I think that he is anxious to stay in the property for another year ideally to avoid up-heaving the children. However there are now 2 issues (a) my friend has taken a huge pay hit with his job and (b) the landlord has just re-advertised an identical property he has (100% identical down to the same furniture, wallpaper, condition etc) for 60% of the rent that my friend is paying.

Can the landlord do this? As my friend is out of lease (since Christmas) is the landlord legally obliged reassess the rent and to rent to him at a fair market value or can he throw my friend out? They have been really good tenants and it seems crazy that this guy can get away with charging the people next door 40% less?

Any help would be appreciated?

Lara

 

[twofor1]

Hi all
This is a follow on from http://www.askaboutmoney.com/showthread.php?t=106093.


Can the landlord do this? As my friend is out of lease (since Christmas) is the landlord legally obliged reassess the rent and to rent to him at a fair market value or can he throw my friend out? They have been really good tenants and it seems crazy that this guy can get away with charging the people next door 40% less?

Any help would be appreciated?

Lara

If your friend is prepared to put up with it he can, your friend should stand up to the landlord, asking for a fair rent is not rocking the boat.

From a quick guide to the Residential Tenancy’s act here http://www.prtb.ie/act.htm

Rents (Part 3)
Rent may not be greater than the open market rate and may be reviewed (upward or downward) once a year only unless there has been a substantial change in the nature of the accommodation that warrants a review. Tenants are to be given 28 days notice of new rents.

Tenant may ask their landlord to review the rent if they feel it exceeds the market rate for the property - if more than a year has elapsed since the last rent review, tenants may seek a review. Disputes about any aspect of rent may be referred to the PTRB.


Your friend should give the required notice in writing, then approach the land lord and offer to stay and sign a year’s lease at the price the other premises is advertised for. The landlord would be very foolish to refuse this offer.