Rent Review

Looking for some clarification please:

The rent review calculator on the RTB website states
" Date rent was last set: is date that the tenancy commenced or the date the Landlord signed and served the most recent notice of rent review."

My current tenants are in the property since 1st Sept 2021 without a rent review. In fact they moved in at a similar rent to the previous tenants who had moved in in May 2020. So basically no rent change since May 2020.
In order to give the required 90 days notice to increase rent in Sept 2023 I need to do a rent review in the coming days. Should the date last rent was set be May 2020 or Sept 2021 keeping in mind the statement on the RTB rent review calculator.

My reading is the date this tenancy commenced so 1st Sept 2021.

DannyBoyD said:

My reading is the date this tenancy commenced so 1st Sept 2021.

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Thank you. That's what I thought also but was unsure.

Reflecting on this I am wondering is the rent set on the house and not the tenants so should it be May 2020.

I now have to give 90 days notice for a 1st Sept 2023 increase so in effect this is 3.5%.

Should the tenants move out anytime throughout the year Sept 2023/ Sept 2024 I cannot increase the rent for the new tenants and unclear then whether the new tenants would have to be there 12 months before another rent increase..
In effect this would mean a 3.5 % increase since May 2020 to possibly late 2024/2025.
Any further thoughts appreciated.

Meath Lady said:

I now have to give 90 days notice for a 1st Sept 2023 increase so in effect this is 3.5%.

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Unfortunately not. You have to wait until the two-year anniversary of the tenancy to even serve the notice. Then it cant come into effect for another 90 days.

NoRegretsCoyote said:

Unfortunately not. You have to wait until the two-year anniversary of the tenancy to even serve the notice. Then it cant come into effect for another 90 days.

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I think for a new tenant in an existing rent pressure zone the rent can be reviewed every 12 months obviously taking into account the 90 days.

Meath Lady said:

I think for a new tenant in an existing rent pressure zone the rent can be reviewed every 12 months obviously taking into account the 90 days.

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Only after the first 2 years have passed if memory serves me.

If you didnt do annual reviews for your previous tenancy you can't catch up with the new ones.

Which is why property owners apply every rent review they can; another unwanted consequence of rent controls.

And a lot of the reason so many LLs are heading to the exit
.

You need to double check with citizens information.
“
Since, 11 December 2021, annual rent increases in RPZs are capped in line with the rate of general inflation or 2% a year, whichever is lower. So, if your landlord reviews the rent every 12 months and the rate of general inflation is 1.5%, then your rent can only be increased by a maximum of 1.5%. However, if the rate of general inflation is higher than 2%, for example, 3%, the rent can only be increased by a maximum of 2%.

If your landlord has not reviewed the rent for a number of years, the 2% cap applies every year. So, for example, if you moved into rented accommodation in December 2016 and the rent hasn’t changed since then, the general inflation rate would apply when calculating the rent increase. This is because the inflation rate between December 2016 and December 2021 was 6.6%, which is lower than the 10% that would apply under the 2% per year condition (2% per year for 5 years = 10%). The RTB’s Rent Pressure Zone calculator applies both of these conditions and calculates the allowable rent increase for you.

From 16 July 2021 to 10 December 2021, annual rent increases in RPZs were only capped at the rate of general inflation, as set out in the Harmonised Indices of Consumer Prices (HICP). But, due to rising inflation these rules were changed to include the new 2% per year condition. This was introduced under the Residential Tenancies (Amendment) (No. 2) Act 2021. The RTB has published a guidance document highlighting the changes this legislation brought in and what they mean for landlords and tenants.

Between 24 December 2016 and 15 July 2021 rent increases in RPZs were capped at 4% per year.”

Too much messing around by the Government. No wonder landlords cannot work out what they can charge.

NoRegretsCoyote said:

Unfortunately not. You have to wait until the two-year anniversary of the tenancy to even serve the notice. Then it cant come into effect for another 90 days.

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I think this only applies to when an area becomes a rpz area that you have to wait 2 years and then yearly after that For a rent review. Then you can only increase by HICP or less that 2% per year.

E.g from rtb site…

’A rented property is located in an RPZ. A tenant moved in on 11 December 2020 and a rent of €1,800 was set. The landlord is entitled to review the rent following 12 months from the tenancy commencement date and proceeds to enter the relevant details in to the RTB Rent Pressure Zone Calculator on 11 December 2021. The calculator informs the landlord that the maximum increase in rent permissible is €36. This is because the new rules that have been introduced state that rents cannot increase by more than 2% per year pro rata, where HICP inflation is higher. As the HICP inflation for the period of time between the rent first being set and then being set pursuant to the rent review is 5.2%, the 2% per year pro rata cap applies. The new maximum rent for the property is €1,836, which represents a 2% per annum pro rata increase (€1,800 x 2% p.a.) ‘

Meath Lady said:

Looking for some clarification please:

The rent review calculator on the RTB website states
" Date rent was last set: is date that the tenancy commenced or the date the Landlord signed and served the most recent notice of rent review."

My current tenants are in the property since 1st Sept 2021 without a rent review. In fact they moved in at a similar rent to the previous tenants who had moved in in May 2020. So basically no rent change since May 2020.
In order to give the required 90 days notice to increase rent in Sept 2023 I need to do a rent review in the coming days. Should the date last rent was set be May 2020 or Sept 2021 keeping in mind the statement on the RTB rent review calculator.

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Queried this for my nephew a while ago. RTB said the date rent was last set is the date the last rent review was issued. If the rent was not reviewed or increased on a pro-rata basis when the new tenancy started, then the proposed review can be from the date of the last one, so from May 2020.
The address or eircode will show if the property is in an RPZ and the calculator takes that into account. RTB register should also have details of the current rent and how long it has been in place.

Thank you Bipped.
So really what you are saying is the rent and rent increase is on the house and NOT the tenant current or passed.
This actually makes more sense when one thinks about it.
Whilst fully registered with the RTB I have failed to ever find my property on their website using eircode and /or address.

I am however aware when last rent was set but would be interested to see it on their register. Did you see the rent on the register or did RTB inform you when it was last set.

Thanks for your input. It's appreciated.

Meath Lady said:

Thank you Bipped.
So really what you are saying is the rent and rent increase is on the house and NOT the tenant current or passed.
This actually makes more sense when one thinks about it.
Whilst fully registered with the RTB I have failed to ever find my property on their website using eircode and /or address.

I am however aware when last rent was set but would be interested to see it on their register. Did you see the rent on the register or did RTB inform you when it was last set.

Thanks for your input. It's appreciated.

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Hi Meath Lady,
I just came across this thread as I have exactly the same question. Is is correct that I can increase rent from the date the last increase was on the house not the tenant? In my case 2018 but I have had 2 sets of tenants in between which have been registered and have not raised the rent.