This was an RTB case used upthread, I've a different take on it, but it's nice to see different viewpoints and tease things out:
Market Rent
This is an institutional landlord with deep pockets. Important points first,
Property is in Blackrock Cork, rent was 850, letter of increase is 2 July.
Errors by landlord
- did not appear in person and only informed the tribunal on the day itself
- Date of Tribunal 27th November, landlord served documents to tenant the day before !
- Despite having
One Hundred and Twenty Seven units in the development they lost !
- their paperwork stated rental valuations, by professional valuers, BUT they supplied no valuations !
- did not supply address of one property in the development on the higher rent
- supplied 4 DAFT adds for properties in Douglas and Roachstown, which are not in Blackrock/Mahon
- the dates were from September, but the rent increase letter was 2 July
- one lease for a one bed at 850 not supplied, just stated
Good points by landlord
- they did supply comparable properties of 2 bed 2 bath
Good points by tenant
- provided 3 rentals in the area, all well below the 1K rent, 825/900/900
- also provided the RTB index 897
- provided media reports that rents of 2 beds were 867
- provided media reports rents in the area had decreased (I thought that was very clever)
- stated a 3 bed penthouse in the same development was less than 1000
- was able to talk about personal circumstances (which should not be relevant at all but it's Ireland and tenant's are the RTB's raison d'etre )
Mistake by tenant
- stated current rents would be 1000 (somehow he was able to back track on this and says that would be from the date of the case which is November, remember rent increase was from 30th July of the same year !
RTB at fault
- for not allowing the submission of 9 leases in the exact same development of exactly the same type of 2 beds
- not accepting two leases for 1000 each for 2 beds in the same complex on the correct dates
- stating that despite the actual leases being the best comparators than rowing back from that and stating it's not 'determinative'
- that because the tenant's property had not been redecorated/refreshed this was an important point. You're hardly expected to do this during the first 3 years of a tenancy ! Are the RTB seriously suggesting landlords repaint every 3 years?
- despite 9 leases that landlord supplied the Tribunal dismissed them as the floor level was not mentioned, the fixtures not listed, re let or new let not submitted, no of bathrooms not supplied and car parking spaces
- something about the inventories of the apartments not being supplied seemed important, the level of detail the RTB wanted here was unreal
- too much weight to the RTB's rental index, becasue this is not equal to the actual rents the landlord was achieving on the date in the development and also it's not the same as the DAFT ads which are going to be closer to the real rental rate, in addition the RTB index will never be good at the given date as the index is months later and it applies to the past
- using a percentage increase from the past to justify creating a percentage increase in the present, looks like Mad Hatter accountancy to me