Rent review invalid , what now ?

mikeyny

Frequent Poster
Messages
97
I have served a notice of rent review that was deemed invalid .
The tenant has not had a rent review in over 10 years.

On the adjudication it says
The applicant tenant shall continue to pay the rent from June 2nd 2020 being the date of the adjudication
to the respondent landlord at the rate of €500.00 per month , unless lawfully varied and any other charges
as set out in the tenancy agreement for each month or part thereof, until such time as the dwelling is vacated
by the Applicant Tenant and any other persons residing there.


However in looking at the guideline for rent review it states ,

Outside of Rent Pressure Zones landlords can only review the rent 24 months after the tenancy commencement date or 24 months from the date of service of the last valid rent review. The review must be based on current market rent and three comparable properties must be provided by the landlord to show evidence as to how the new rent amount was arrived at.
A Landlord must provide a tenant with a minimum of 90 days’ notice of any proposed rent increase.


Since I have not had a valid rent review ever can I go back and issue a review as soon as the restrictions are lifted?
 

cremeegg

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3,357
Coronavirus restrictions aside you can issue notice of an increase again now.

Why was it declared invalid. The rules are awkward, but clearly laid out.
 

mikeyny

Frequent Poster
Messages
97
The notice omitted to inform the tenant that a dispute could be lodged before the date the new rent came into effect.

no evidence of any advertisement was provided ,

that’s it in a nutshell
 

mikeyny

Frequent Poster
Messages
97
Some lines were omitted from the original form and the property manager did not include any advertisements only his statement of property’s that had been on his books , it’s a schoolboy error . We won’t make the same mistake again .
 

cremeegg

Frequent Poster
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3,357
Revise and resubmit. Use the template on RTB website.

And get a new agent; they should know this stuff backwards.
A review of the RTB judgements shows that many cases are decided against landlords based on schoolboy errors, a shockingly high number of those landlords had agents in place.
 

mikeyny

Frequent Poster
Messages
97
Thanks for the advice.
Thirsty
cremeegg
We are going to resubmit and correct the errors as outlined when and if the restrictions are lifted .

In the meantime we are counting down the clock on a Notice of Termination that has been paused (54 days remainning ).
The Termination Notice will come in to effect before the 90 days Of the Rent Review and the tenant is definitely going to overhold .
Will the rent review be valid if it comes into effect during overholding?
 
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