April 2023
Question:
I recently notified a tenant of a rent increase, gave the proper notice period and comparable properties in the area. The tenant is disputing the notice, suggesting the RTB should have been notified at the time the notice was issued.
Is this this position ?
Response:
Your tenant is incorrect in their understanding. You are not required to copy the RTB with the Notice of Rent Review on the same date you serve this on the tenant.
However, landlords must inform the RTB of the new rent and any updated details for the tenancy register, within one month of the new rent becoming payable.
In order for a rent review to be valid, landlords must give tenants at least 90 days’ notice and use the prescribed Rent Review Form to serve it on the tenant.
Landlords are strongly advised to serve the notice of rent review on the tenant on the same day as they use the Rent Pressure Zone calculator to avoid any potential invalidation of their rent review, as calculations can vary from day-to-day in line with any change in HICP values.
There are also restrictions on how frequently rent reviews can take place –once every 12 months for tenancies located in RPZs and every 24 months for tenancies located outside RPZs.
* Take note of the date of publication of this piece. Information on this website may change with the passing of time and the law is constantly changing. Whilst we take steps to ensure the accuracy of the information, we cannot guarantee this. Clarification should always be sought.
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