Landlord Being Unreasonable with Rent

[Mommah]

I've refused 5 of my 6 tenants a rent reduction.
only one moved out and I replaced him at a higher rate than the mover-outer was willing to pay, with no vacant period.

I'm living on that income and am not willing to take a pay-cut on tenants whims. Some of my tenants even had the nerve to say that the cost of living had increased !

 

[NicolaM]

Being a landlord is a business, with associated costs and overheads. (and less potential profit now, due to the recent budgetary changes). The lease provides protections in both directions, in terms of the cost of the rental to the renter, and income for the landlord.

A lease is a contract, and applies for the term of same. The person is aware of the terms prior to signing the legally binding documentation. It is interesting that people genuinely believe that they have a right to re-negotiate during the term of the lease. (It may happen that they attempt to do so, and this may in fact be successful, but they certainly do not have a legal right to do so).

It's a tad like signing a contract for a mortgage, then deciding that you don't really like the terms, and expecting the provider to change the terms on the basis of this.

Nicola

 

[MrMan]

Being a landlord is a business, with associated costs and overheads. (and less potential profit now, due to the recent budgetary changes). The lease provides protections in both directions, in terms of the cost of the rental to the renter, and income for the landlord.

A lease is a contract, and applies for the term of same. The person is aware of the terms prior to signing the legally binding documentation. It is interesting that people genuinely believe that they have a right to re-negotiate during the term of the lease. (It may happen that they attempt to do so, and this may in fact be successful, but they certainly do not have a legal right to do so).

It's a tad like signing a contract for a mortgage, then deciding that you don't really like the terms, and expecting the provider to change the terms on the basis of this.

Nicola

Unfortunately it is a business that is not always treated with the required respect on both sides. Some lease agreements are very flimsy and some will only be in the form of a rent book. It is not like signing a mortgage agreement as you will not have solicitors present to pour over the details to ensure that they are fair.
If you do not ask you will not receive.

 

[Padraigb]

Being a landlord is a business, with associated costs and overheads. ...

The landlord is within his rights to seek the full rent agreed, and OP recognises that. Equally OP is within his rights to propose a new lease. Nobody seems to have been wronged an any sense that requires redress.

It comes down to a straight business decision for the landlord: is it worth negotiating a fresh lease in these circumstances? I suspect, given what OP has told us, that the landlord might have made a bad call.

 

[sam h]

but the OP doesn't mention damage

Of course not, he is not likely to say I've caused damage (& obviously, there may not be any damage). You comment not to pay the last months rent sounds more like advice coming from a maveric, rather than (or so I thought) a seasoned professional in the property market. I recently complimented you on your normally balanced approach to property, but I may have to have a rethink.

The OP has a contract & it is the LL's discression not to drop the rent - the OP may not be the fantastic tenant you seem to assume he is - the LL may be happy to get him out & then drop the rent.

If the LL is just being greedy, he will get his comeupance in September when he will lose his tenant, have to redecorate & look for a new tenant at (almost certainly) a lower rent.

 

[FeuFollet]

Ever thought that the landlord may not be able to afford the drop at this time.

That is not relevant. If the landlord didn't allow for market fluctations then that is his / her problem. Not that I don't empathise... but you should look out for yourself first and foremost.

Give your notice as set out in contract and move in next door for a cheaper price. That's the way the market goes and what contracts are for.

 

[MrMan]

Of course not, he is not likely to say I've caused damage (& obviously, there may not be any damage). You comment not to pay the last months rent sounds more like advice coming from a maveric, rather than (or so I thought) a seasoned professional in the property market. I recently complimented you on your normally balanced approach to property, but I may have to have a rethink.

The OP has a contract & it is the LL's discression not to drop the rent - the OP may not be the fantastic tenant you seem to assume he is - the LL may be happy to get him out & then drop the rent.

If the LL is just being greedy, he will get his comeupance in September when he will lose his tenant, have to redecorate & look for a new tenant at (almost certainly) a lower rent.

What reason would a poster have to lie about whether they were a good tenant or not, this is an anonymous forum. My comment about the last months rent was stating the obvious that occurs on a regular basis. Whether I agree with the practice of running down your last months rent is irrelevent, what is relevant is that it is a very common practice.
If the OP is not a good tenant then why is the Landlord keeping him?
If things were run by the letter of the law in all instances then it is easier to give advice, but as I am well aware the rules change to suit circumstances. If the OP was the Landlord the advice would be different.

 

[Bronte]

A lease is a contract, and applies for the term of same. The person is aware of the terms prior to signing the legally binding documentation. It is interesting that people genuinely believe that they have a right to re-negotiate during the term of the lease. (It may happen that they attempt to do so, and this may in fact be successful, but they certainly do not have a legal right to do so).

It's a tad like signing a contract for a mortgage, then deciding that you don't really like the terms, and expecting the provider to change the terms on the basis of this.

Nicola

Unfortunately in Ireland leases aren't worth the paper they are written on. The truth is the tenant can vamoose and the landlord can basically do nothing about it. MrMan is dead right, in the scenario outlined by the OP the tenant would just do a runner and the landlord would just deal with it.

 

[sam h]

Unfortunately in Ireland leases aren't worth the paper they are written on. The truth is the tenant can vamoose and the landlord can basically do nothing about it. MrMan is dead right, in the scenario outlined by the OP the tenant would just do a runner and the landlord would just deal with it.

There are plently of things that happen in Ireland on a daily basis that are not correct (be it legally or morally) but I don't think that is an excuse to be giving tips to poster on how to get out of contracts. My understanding re rental contracts, is not so much that they don't hold legal weight, but that it is often financially not worth while to persue tenants (esp with the PRTB who tend to favour tenants)

 

[Bronte]

MrMan is just telling it how it is. Until leases are properly enforceable that is the way it will be.

 

[Steve D]

You should tell the landlord that if he drops the rent now, then you will renew the lease in August. Tell him that if he refuses to do this now, you will definitely move out in August. Surely it is better for him to accept a lower rent from now until August with a good prospect of you renewing your lease then (at the lower rate, of course), rather than you moving out in August and leaving him with a vacant property that he could end up taking several months to rent out.

Show him the oversupply of property to rent in the properties to rent graph on daft at this site:
http://daftwatch.thepropertypin.com/

This shows that the total number of properties to rent, just on Daft alone, has increased from about 4,000 in March 2007 to 24,000 now! That should make him aware of the seriousness of the problem and that he will have a lot of cheaper competition when he tries to rent it out in August.