Increase rent ' officially' but effectively not really.

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You've forgotten one very small, but important point. The vast majority of the rent increase will be paid by HAP. Your tenant might not have to pay any more or much more to HAP. Let's say she's to pay an extra tenner a month.
This is a very salient point.
 
what if they dispute that? The body for the dispute is the RTB
So your premise is that the tenant gets (say) a rent holiday for one month per year, but wants to make a claim for a rent holiday for two months per year.

If it's not in the lease (and it won't be); then I don't believe this claim would succeed.
 
If the landlord does not intend to collect the rent as stated on the form, via a rent holiday or any other mechanism agreed with the tenant, they are making a false declaration.
The property owner does intend that the rent be paid as stated on the form. The property owner is entirely within their rights to grant a rent holiday, or not as they choose.
 
The ‘bad debt’ route is the way to go. All of the paper trail supports it. Document the higher rent. Document the chase for the bad debt. Even if the tenant turns Turk on you, there’s a paper trail. They’re just a crazy person trying to shake you down. But they won’t because you’re doing a nice thing whilst protecting your own interests. You can owe me as much money as we like but there’s no actual onus on me to enforce the debt. Also no tax issues whatsoever.
 
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The property owner does intend that the rent be paid as stated on the form. The property owner is entirely within their rights to grant a rent holiday, or not as they choose.
But they've said they intend to charge a different rent to what they state to the RTB. There's no provision within the legislation for a rent holiday or any other such mechanism.

Again, the RTB aren't likely to get involved and the main risk is the tenant developing a grudge later on and showing the RTB evidence that the landlord submitted a false declaration.
 
As some contributors have said I would increase the rent by 8% as very likely HAP will be paying the greater portion when the Tenant informs HAP of the increase. You can put the portion that the tenant fails or is unable to pay down to a bad debt. I take the point that she is a good tenant. Keep a paper trail. You will know how much extra she has to pay you towards the increase.
Sit down with your tenant and have an honest discussion about the situation when everyone knows what the situation is.
 
So your premise is that the tenant gets (say) a rent holiday for one month per year, but wants to make a claim for a rent holiday for two months per year.

If it's not in the lease (and it won't be); then I don't believe this claim would succeed.
No, my premise is that at some point in the future the landlord will have to really increase the rent to the same tenant if they don't move out. There is now no reference for that level of increase, the landlord can increase anything up to the actual RTB registered rent level, but the tenant may feel that is unfair. You have no reference any more for whats fair and a dispute is possible. If there is a dispute the RTB have to be used. Tenant discloses the real rent to the RTB at that point, and states the proposed increase is unfair. No idea what happens then but it's probably not good for the landlord.
 

So the safest way for a landlord to reward a 'good' tenant would be to charge and receive the full registered rent, and then separately make a gift to the tenant as a goodwill gesture.
No tenant grudge at some future date, no false declaration, no rtb involvement, no tenancy disputes if the old and new tenants happen to know how much rent they each pay. Landlord is not obliged to give a gift to every tenant.
 
the main risk is the tenant developing a grudge later on and showing the RTB evidence that the landlord submitted a false declaration.
Dear RTB

I wish to complain about my landlord giving me some money back a few years ago.

Yours etc,

Disgruntled Tenant




Not the slightest chance that such a “complaint” would be taken notice of.
 
Dear RTB

I wish to complain about my landlord giving me some money back a few years ago.

Yours etc,

Disgruntled Tenant




Not the slightest chance that such a “complaint” would be taken notice of.
Landlord to tenant "I need to evict you as I need the property for ....."

Tenant to landlord "I am not moving out etc ...."

Tenant to rtb landlord made fraudulent declaration to rtb. Revenue start to query validity of tax returns (even if they are correct).

Result headache to landlord.
 
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Hard to find oneself in trouble following my plan where the paperwork supports the position and the bad debt write-off is verbal.

What tenant would rock the boat?

Sure if they did, they’d owe the money!

And the paperwork which they’re party to would contradict them.

Ridiculous.
 
Tenant to rtb landlord made fraudulent declaration to rtb. Revenue start to query validity of tax returns (even if they are correct).
You are vastly overestimating the threshold for state bodies to care and, even if they did, their capacity to take action.
 
Unpaid rent is grounds for eviction. Why would a tenant agree to this?
 
Unpaid rent is grounds for eviction. Why would a tenant agree to this?
“So Mr Tenant, I need to increase the rent. But you can’t afford it and I like you. So here’s what we’re gonna do. I’m going to increase it on paper, but just keep paying what you’re paying now. I’ll send you a chaser email the odd time looking for the arrears. Just ignore it. So you get what you want and I get what I want. A rare ‘win win’. Sound good?”
 
It’s sounds completely weird and if I was a tenant with zero knowledge of tax tenancy law I’d reckon I was being set up for something.

A landlord who increased my rent by the legal maximum and then reimbursed me by as much every Christmas wouldn’t make me think twice.
 
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