No idea why they do that. Has anyone asked them? Or has anyone challenged their calculation?
This I don't know - but my point is that this clearly is what happens in practice (you can go to the
rent cap calculator now to check it). I would imagine there is the best part of 10,000* rent reviews have been based on these calculations that skew against the accommodation provider.
So its fine to say "
RTB cannot change the legislation to make market rent equal to rents on their website" , yet in practice they
are doing things like this. Again these are things that are not provided for in legislation yet they do it in practice.
The tenant will appeal the rent, and as soon as they do this they might argue they don't have to pay it while its under appeal (
source). The outcome could take years (see this
post in relation to what seems to be a very significant slow down in processing times of disputes).
Sorry, completely missed your point. Is it a criminal offence to use a different electoral area? Same question re floor area?
Section 113 makes its a statutory offence to provide any false or misleading information, that could be considered material, to the board -
Section 113: Offence of providing false information to Board
The RTB could argue this is material as one would only do it to get higher rents. In practice I suspect they'll do people for improper conduct.
There's no difference though in location between the rental property advertised in Copley place and say McCurtain street on Daft.
I appreciate what you are saying, but where does one draw the line? Like couldn't we also say there is no difference between a C1 and a C2 so I'll just put a C1 into the calculator as that shows a higher rent on the day I look at the register?
In any case, it's just beyond me why we are being forced into grey areas of the law.
*there are ~240,000 tenancies. Lets assume a rent review done every three years (although likely more often). That's 80k rent reviews/year or 220/day so ~10,000 since 1 March (220 x 50 days (1Mar to 20Apr)).