RTB Rent Register

bipped said:
If an EA rent valuation was attached to the Notice of Exemption, would they really start a dispute to question a licensed professional?
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They might, if the rent per the EA is very much above the comparables. They could argue the agent is benefited by a higher rent (managing the property and the fee is a percentage of the rent) or mistaken. Also I think it would depend on who the agent is - much harder to argue against Sherry Fitzgerald than some one man band.

You're obviously much safer with an EAs valuation, but rents are increasing and if they continue to do so, the government and so the RTB will have to take action. They'll have to be seen to be doing something to prevent 'gouging'.
 
Greenbook said:
They might, if the rent per the EA is very much above the comparables
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That’s bonkers if one agency of the state starts disputing valuations from licensed members of another state agency. Yet they accept letters of certification from architects, chartered surveyors or engineers to support other exemptions to rent controls.
 
LarryScott said:
Section 19 - sub-section 5 covers the two year rule, which says that sub-section 4 doesn't apply (which mostly defines previous rental, new and old rent).

I think with the two year rule, there would be no previous tenancy.

So, you need to provide all the information except "(i) the amount of rent that was last set under the most recent previous tenancy, if any, of the dwelling", since there is effectively no previous dwelling.
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In that post you quoted ACT 12?

Any here is the Rent setting form:


- obviously it's not a case of rent review, which is the title of that document, on page one it says Part D if for me:

Part D may be used as a Notice of Exemption from Rent Increase Restriction at Rent Review to comply with Section 19 of the Residential Tenancies Act 2004 (as amended)

section D

Part D: Notice of Exemption from Rent Increase Restriction upon Rent Review20. The landlord states that, in the landlord’s opinion, this rent setting is exempt from national rent increase restrictions for the reason(s) selected below

None of the options has the 2 year empty exemption !!

Finally at the bottom of the document there is this:

The Notice of Exemption from Rent Increase Restriction upon Rent Review is also included in Part D of this notice for ease of notification of a new rent and any exemption at the same time. A separate Notice of Exemption from Rent Increase Restriction upon Rent Review is available on www.rtb.ie. It must, if not already served as part of the notice of rent review, be served (in the same manner as a notice of rent review) on the tenant and the RTB within one month from the date of setting of the rent

The RTB agent told me I had to complete Section D
 
So I found the document that might apply to me:


It's dated 2021 !

This is the relevant bit:

11. Landlords must provide documents that support the exemption relied upon in Part E above. This may include for example, the old and new BER certificates or a letter of certification confirming the nature of any structural changes from an architect, chartered surveyor, chartered engineer and any related planning permission. Landlords must list the supporting documents relied upon below and attach them to this notice.


- I have an old BER
- I do not have a new one (the old one is now not the reality due to major upgrade, but the old BER is valid as it's in date)
- I have no planning permission architect or engineer .... (it was all direct labour)

Penalties

Up to 15 K if I don't comply. Yet I'm exempt !

RTB constantly refers to Rent Review, but there is no rent review
 
Bronte said:
This is the relevant bit:
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I thought that was specifically for refurbishments of a property on lower rent. Didn’t think it also applied if the exemption is based on the two year vacancy rule. Surely that stands as enough reason.
 
bipped said:
I thought that was specifically for refurbishments of a property on lower rent. Didn’t think it also applied if the exemption is based on the two year vacancy rule.
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It says to rely on Section E you must provide the proofs. My one is E 10

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Bronte said:
My one is E 10
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Presumably the information of when the last tenancy finished is on their register if there was a previous tenancy ofc.
The owner could print the register details to send them ( just crazy busy work ) but how does a new landlord prove it wasn’t rented for the last two years? Unless they’re expecting new owners to send confirmation from their solicitors that the previous owners never rented which seems like a gdpr nightmare.

It’s probably easy enough for an existing owner who was the previous landlord to prove it was vacant, but what if they were never a landlord before - what personal data would they need to provide to prove it? What a mess.
 
Bronte said:
It says to rely on Section E you must provide the proofs. My one is E 10
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Isn't that talking only about exemption for the RPZ rules? It say RPZ EXEMPTION RELIED ON

I don't think it means that you are also exempt from proving that you are charging market rent. You're just exempt from the max 2% of whatever the previous rent was if there was one.

Just shows how completely confusing and complex the rules are.

I think @LarryScott is right though (he usually is) and you must still demonstrate market rent even if the property has been vacant for two years.
 
LarryScott said:
you aren't allowed charge above market rent
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So think about this in terms of sales. If you put your home on the market at 100k more than going rate, no one will buy it. Simple as that.

If you want to sell you'll bring it down to what the market is prepared to pay. The market rate therefore is set when the contract is signed for that amount.
 
I read that. My understanding is that the notice of exemption can be sent within a month not the notice of rent review. That's only my quick reading of it
 
Premos said:
I read that. My understanding is that the notice of exemption can be sent within a month not the notice of rent review. That's only my quick reading of it
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I think you are right there as well.

It shows how horribly complicated the whole thing is. There is so much too it, it is very easy to get some aspect of it wrong. There are forms all over the place, all sorts of boxes to be ticked and proofs to be provided depending on the circumstances. Everything must be served within strict time periods.

Does any other country in the world have a PRS as bonkers as this!
 
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