When can you give notice of a rent increase in a RPZ?

Discussion in 'Property investment and tenants' rights' started by PaxmanK, 10 Dec 2018.

  1. PaxmanK

    PaxmanK Frequent Poster

    Posts:
    130
    I have another question I cant answer.
    Given that landlords are basically now required to increase their rent by 4% every 12 months for fear of getting caught out by new legislation, how would they do this with a new tenant?

    When the tenant moves in that is the date they have set the rent.
    So at what point and how does the landlord go about raising the rent by 4% for the anniversary of the move in date?

    Could the landlord just give notice on move in that the rent will be going up 4% every 12 months from now on unless that takes it above the market rent?

    Or is there a process to follow at specific times during the tenancy?

    Thanks.
     
  2. Sarenco

    Sarenco Frequent Poster

    Posts:
    5,269
    I'm not sure that I follow your question but the rent can only be reviewed annually and any increase requires 90 days' notice to be given to the tenant.
     
  3. llgon

    llgon Frequent Poster

    Posts:
    361
  4. PaxmanK

    PaxmanK Frequent Poster

    Posts:
    130
    That's exactly where the question came up.

    Some say you can only raise the rent on the one year anniversary but can't collect it until 90 days later.

    Some say you give the notice of the increase 90 days before the one year anniversary.

    And others say just give the notice of the increase when they move in because you already know what it will be.
     
  5. llgon

    llgon Frequent Poster

    Posts:
    361
    The second group of members are correct. Use of the RPZ calculator shows that the rent can increase on the first anniversary.

    Quite clearly incorrect. Who can guarantee that rents will rise in the next twelve months? How can the landlord provide three examples of the future rent of three similar properties?
     
    PaxmanK likes this.
  6. cremeegg

    cremeegg Frequent Poster

    Posts:
    2,674
    This is not correct either.

    At any time after the 12 month period the landlord can (after conducting a rent review as required) raise the rent in effect in proportion to the number of months since the last increase, e.g. if its 18 months by 6% if its two years by 8 %.

    I am simplifying slightly, the RTB calculator must be used, but the above is close to how it operates.
     
    Sarenco likes this.
  7. Sarenco

    Sarenco Frequent Poster

    Posts:
    5,269
    PaxmanK likes this.
  8. Sarenco

    Sarenco Frequent Poster

    Posts:
    5,269
    I don't think that's correct.

    The legislation provides that a landlord can only review the rent on or after the first anniversary of the last rent review and has to give 90 days' notice of any rent increase. It would seem to follow that the earliest that notice of any rent increase can be given is the first anniversary of the last rent review.

    That certainly seems to be the RTB's interpretation of the position judging by this report -
    https://www.independent.ie/business...dlord-hikes-tenants-rent-by-6pc-37155940.html
     
  9. PaxmanK

    PaxmanK Frequent Poster

    Posts:
    130
    I don't feel so thick now.

    I see there is confusion everywhere? :)

    That's why I posted. After hearing all of the arguments I was even more confused.

    Still can't figure out if you can put up the rent on the 1 year anniversary or if you can only hive notice on that date but it's 90 days after that the rent increases.

    Get it wrong and you are a criminal and in the hole for €30,000.

    This is how complicated letting property is now. It's a joke.