Landlord Raising Rent:So Im leaving, Now LL wont give deposit back.

[Bronte]

Re: Landlord Raising Rent

OP - a rent increase 3 months on is riduculous. If I was you I would take a case with the PRTB now and move out if you have to, even if it takes a long time it's better that landlords like that don't continue to treat tenant's in this way (I'm a landlord). Make sure you document everything, proof of how much you paid in rent, deposit etc. The PRTB should tell you exactly what you need, maybe ring them and speak to someone else if you found your initial contact was not helpful.

 

[sam h]

Re: Landlord Raising Rent

I'd agree with Bronte (I'm also a landlord - we're not all out to fleece tenants!!). Chances are he is not registered & may not even be paying taxes on the rent (an opinion based on his sharp practice of increasing rent after 3 months, no contact & misinforming you that you would lose you desposit). Report it to PRTB & don't forget to claim your tax relief, for rent paid, from the taxman.

 

[Superman]

Re: Landlord Raising Rent

I believe that rent reviews are allowed at most once a year - so you should have another 9 months before your landlord can up the rent. (though I believe he can ask you to leave the apartment if you are not there 6 months, and you do not have a contract).

 

[groom]

Re: Landlord Raising Rent

You cannot tell the landlord you are not going to pay him your last months rent and expect him to let you sit there in his property with your feet up watching TV all smug and proud at how smart you are. This will escalate and you'll be out of a home sooner than you think. If there's a dispute you need to work it out.

To be honest I don't think there is much you can do without a contract. He has your deposit and with no agreement in place he can pretty much do what he likes. You shouldn't have handed someone 700 euro with no signed agreement as to what it was for. If I were you I'd just give him a months notice and move on. And next time sign a contract!!

I don't see why the tenant should let the LL away with it. Sounds like the tenant has alot of options. I don't think you should listen to one landlord tell you to let another LL away with mugging you

 

[Radwanska]

Re: Landlord Raising Rent

I don't see why the tenant should let the LL away with it. Sounds like the tenant has alot of options. I don't think you should listen to one landlord tell you to let another LL away with mugging you

I dont have time to wait for a PTRB ajudication, especially for the sake of E100. Instead i plan on letting the PRTB know that hes letting a place while not being registered. Im also going to inform revenue that hes not paying taxes (he told me when i asked for his pps to claim rent relief)

has anyone experience with reporting tax evasion to revenue?

 

[Cityliving]

OK firstly you must report him to the PRTB as it seems likely that he is not registered if he behaves like this.

It doesnt matter if you dont want to go through the hearing I think ( I am a landlord) landlords like this need to run out of the business.

You are entitled to one months notice for an increase and even at that if it is above the current market rate you can challenge it with the PRTB. Additionally he is not entitled to keep your deposit except in breach of contract or damage of course.

Lesson to be learned is that you must sign a contract of some sort from now on.

If you want any advice on what these contracts should look like PM me.

 

[Satanta]

Re: Landlord Raising Rent

he told me when i asked for his pps to claim rent relief

As an FYI...
While a Landlords PPS number is requested when claiming tax relief, it's not required. Revenue will process the application without the PPS number.

 

[ecstatic]

Your not entiitled to it back unless you give him notice.

 

[Seagull]

Your not entiitled to it back unless you give him notice.

And he's not entitled to raise the rent without reasonable notification.1 week's notice of a rent increase is not reasonable notice, and so the notice period drops appropriately.

 

[shanegl]

Did you read the whole thread?
The landlord is not entitled to unilateraly raise rent without proper notice. He's also not registered with the PRTB or paying tax. Of course the OP should get the deposit back.

 

[contractor]

Did you read the whole thread?
The landlord is not entitled to unilateraly raise rent without proper notice. He's also not registered with the PRTB or paying tax. Of course the OP should get the deposit back.

Landlords taxes are his business and nothing to do with the dispute. He also has until the end of the tenancy to register. But if the OP leaves before he registers then he'll have no help from the PRTB and I'm afraid to say without anything in writing he'll find it hard to get help anywhere else.

 

[Satanta]

But if the OP leaves before he registers then he'll have no help from the PRTB and I'm afraid to say without anything in writing he'll find it hard to get help anywhere at all.

This is a (potentially) valid point. Do the PRTB have any grounds to step in if it turns out the LL is not registered (which is not the fault of the OP)?

In such a case, I would use the threat of reporting the LL for non-registration, tax evasion etc. to encourage him to return the deposit.

The OP has every trump card (the LL is totally in the wrong in so many ways), but will potentially struggle to get anywhere with the struggle (and it would potentially be a tough fight to get anywhere).

 

[Purple]

If you have given one months notice and he is still not giving you back your deposit then stay an extra month without paying (as he is holding a months rent for no reason).

He is in the wrong and relying on inefficient bureaucrats to keep you from accessing your legal entitlements does not make him right.
robd has covered the legal position very well. He's a stupid man; tenants have more rights than landlords. He should know that.

 

[Dreamerb]

Landlords taxes are his business and nothing to do with the dispute.

Not the subject of the dispute, perhaps, but they're certainly not solely his business. They're also the business of Revenue, the Exchequer, and every tax-compliant person. And I have every sympathy with the suggestion that where a landlord is behaving badly, a tenant should explore every normal legal option to return the favour.

He also has until the end of the tenancy to register.

Not true. New tenancies must be registered within one month of the tenancy commencing; if a landlord registers late, a higher fee applies, and they are liable to prosecution and a possible fine if they are found not to have registered.

But if the OP leaves before he registers then he'll have no help from the PRTB and I'm afraid to say without anything in writing he'll find it hard to get help anywhere else.

That bit, unfortunately, is possibly true, although Threshold would probably try to provide useful advice.

But your post appears to be broadly defending a landlord who is, if the OP's account is accurate, plainly behaving badly and very probably illegally. Unless I'm misinterpreting?

 

[contractor]

Not the subject of the dispute, perhaps, but they're certainly not solely his business. They're also the business of Revenue, the Exchequer, and every tax-compliant person. And I have every sympathy with the suggestion that where a landlord is behaving badly, a tenant should explore every normal legal option to return the favour.

Fair enough. But the OP is only assuming. Maybe the landlord hasn't been tax evading. For example I do not have to file this years tax returns until October of 2009. Now my tenants could get on their high horses and jump to conclusions that I haven't paid my taxes, and they'd be right....because they're not due until October next year.

Not true. New tenancies must be registered within one month of the tenancy commencing; if a landlord registers late, a higher fee applies, and they are liable to prosecution and a possible fine if they are found not to have registered.

Yes he'll have to pay €140 but he still has until the end of the tenancy to register without being fined.

But your post appears to be broadly defending a landlord who is, if the OP's account is accurate, plainly behaving badly and very probably illegally. Unless I'm misinterpreting?

No I just think certain advice given is inaccurate.

 

[ecstatic]

If you have no lease etc then its your verbal word against his what the rate is.

Your effectivly squatting in the house without contract provided. Landlord is entitled to do what he wants raising rent. If your leaving you have to give an acceptable notice.

 

[jhegarty]

Fair enough. But the OP is only assuming. Maybe the landlord hasn't been tax evading. For example I do not have to file this years tax returns until October of 2009. Now my tenants could get on their high horses and jump to conclusions that I haven't paid my taxes, and they'd be right....because they're not due until October next year.

The landlord said he didn't pay taxes when the OP asked for his pps number...

 

[Afuera]

If you have no lease etc then its your verbal word against his what the rate is.

Your effectivly squatting in the house without contract provided. Landlord is entitled to do what he wants raising rent.

Absolute nonsense. Maybe you should familiarized yourself with the relevant legislation before giving us those pearls of wisdom. The OP has strong tenants rights that are being trampled all over by the landlord in this case. If they took it all the way with the PRTB, they would be compensated for the illegal attempt to raise the rent (can not be done after 3 months) and attempt to hold on to their deposit. It may take time to resolve it fully but if the OP is in a position to do it they should to try and stamp out cowboy landlords like this. These kinds of chancers are of no benefit to the rental market whatsover.

 

[Dreamerb]

I do not have to file this years tax returns until October of 2009. Now my tenants could get on their high horses and jump to conclusions that I haven't paid my taxes, and they'd be right....because they're not due until October next year.

That depends, and ain't necessarily so. If you're a chargeable person (i.e. making in excess of €3,174 rental profit p.a.), you're liable for preliminary tax for 2008 by this October, unless it's your first year trading.

Yes he'll have to pay €140 but he still has until the end of the tenancy to register without being fined.

Source? I was working on the basis of what the legislation says - I have no idea where you're getting this. I refer you in particular to section 134 and 143 of the Residential Tenancies Act 2004 which provide, respectively, the obligation for a landlord to register a tenancy, and the terms on which a landlord who does not do so is guilty of an offence. Oh, and section 9 outlines the penalties for an offence under the Act.

And, of course, it is in the interest of a tax-compliant landlord to ensure s/he is registered if there are any outstanding borrowing in respect of the acquisition of the property, since interest on such borrowings is tax deductible only if s/he has properly registered the tenancy.

In relation to ecstatic's post... what Afuera said, +1.

 

[ecstatic]

what the ll can do is change the locks as your squatting if you dont pay.