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Rent Increases

The new legislation for landlords and tenants has recently been reformed. Reforms include changes to rent review, notice periods, termination as well as instituting a more collective body to oversee the problems. The Residential Tenancies Board (RTB) now provides mediation services to both the private renting sector and approved housing bodies, which provide non-profit accommodation to those in need, giving it greater scope and more influence. The RTB claims can be brought within 28 days following a notice or where the notice is invalid, there is no time limit.

The period between rent reviews has been extended to 2 years until December 2019 and the time starts to run from when the notice of the review is given. So if the notice of review is given on the 1st of January 2016, the landlord must allow 90 days before raising the rent and then cannot review it again until 1st January 2018. Any review prior to the legislation in 2015 is included and cannot be reviewed again until 2017.

Any notice given by a landlord for termination or review must include specific information set out in the legislation. For instance, a notice of review must state the new rent and date from which it is effective, as well as a statement that any validity issue must be brought before the RTB within 28 days. Also the landlord must indicate three other properties in the area which are renting at the new rate. A termination notice must be signed and dated by the landlord or an agent, give reason for termination in some cases, specify the date of termination and a statement that the tenant has the full 24 hours of that date to vacate the premises on the date, as well as the statement that any validity issue must be brought before the RTB within 28 days. Also where the landlord wishes to use the property to live in themselves or to let a family member reside there or intends to sell the property the notice must include a statutory declaration stating this. These criteria can be very specific and if not correctly followed  can result in invalidity.

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