I also thought it was remarkable to hear the RTB's Head of Compliance and Investigations admit yesterday that she couldn't say whether Estate Agent valuations are acceptable evidence of market rent - particularly when there is years of Tribunal decisions already shown EA valuations being significantly discounted. The call itself struck a distinctly hostile note: highlighting the criminal liability for incorrect rent-setting, the RTB's reach into years of historical records, the prospect of rent refunds going back years. It did nothing to encourage participation / alleviate the fears in the sector.
If only 1 out of 6 is negative to the landlord I have to conclude in this the RTB are not being unfair, and I'd have to assume one landlord set the rent incorrectly.
It doesn't seem like a very large sample to draw that general conclusion (especially after reviewing pg 6). Also one of those 6 (Lee Vs Kennedy Wilson) was clearly a rent setting so I would suggest 2 of the 6 are negative to the landlord. (the
Lee vs Kennedy Wilson case did not say "is valid" like the Murphy v O'Mahony case (from pg 6, details below))
4 rent increases invalid, rent to stay the same, Toni increase valid, Maria don't know, Colm case the notice was not served.
I see similar to you on page 6, there is 10 cases - 8 relating to rent review/setting. Of the 8 rent cases, 7 of them were invalidated on procedural grounds. Worth bearing in mind there is many more procedural traps now than in 2017 (needing to serve to RTB same day, regard to rent register, etc) and much more interventionist RTB.
Pg 6 cases summarised below
| Ref | Tenant(s) | Landlord(s) | Outcome |
| DR0917-36889 | Maria Meade, Sony Jose | John Dowling | €1,000 damages to tenants for breach of obligation to offer tenancy back |
| DR0717-35631 | Davide Sotgiu | Gudmundur & Nuala Sigurdsson | Rent review notice (9 May 2017) invalid. Current rent stands |
| DR0817-36055 | Bryan Drexler | Brady Letting Agents | Rent increase notice (16 Dec 2016) invalid. Current rent stands |
| DR0917-36874 | Cathal Shine | Tony Winters | Rent increase notice served by text message (1 Aug 2017) invalid. Current rent stands |
| DR0617-35264 | Toni Murphy | Graham Hall O Mahony | Market rent valid |
| DR0917-36994 | Jayne O'Meara | Declan Carroll | Rent review notice (11 Jul 2017) invalid. Existing rent stands |
| DR0817-36215 | Colm & Martina Fitzpatrick | Sean & Patricia Whyte | No notice of rent increase served. €200 arrears to landlord |
| DR0917-37136 | Abdul Karim & Bibi Gul | Oliver & Mona Casey | No valid notice of rent increase served. €1,841.10 arrears to landlord (instalments) |
| DR0917-36982 | Pamela Goodwin | Lakeside Holiday Homes | Two rent increase notices (24 May & 23 Aug 2017) invalid. Existing rent stands |
| DR0817-36211 | Wioletta Brigida Barbus | Fergal O'Neill | Notice of termination (7 Jul 2017) invalid |
My focus to date has been the Tribunal Reports. The problem with these Determination Orders is that the detail just isn't there - we can't tell, for example, whether a rent review even featured in some of these cases. They may well be challenges to initial rent-setting, which is a much easier position to defend than a rent review, since the accommodation provider can produce expressions of interest from competing parties at the point of letting (assuming that is acceptable to the RTB)
My concern is on the 6-year reset, and after yesterday's call I'm increasingly convinced the powers that be intend to ensure it never genuinely operates. Every conceivable obstacle will be placed in the accommodation provider's way: EA valuations dismissed as too general, wear and tear discounts applied without quantification, comparators rejected for not sharing the same complex or estate. We've seen the Tribunal at work - it isn't a pretty sight.
this seems to mean the rental amount stated on a lease is effectively little more than a suggestion by the landlord
This is exactly where we are at it seems.