In most parts of Ireland, how often your landlord can increase rent and by how much is strictly controlled by law. Many tenants pay unlawful rent increases for years without knowing they had the right to challenge them. The amount you may be owed back can be significant.
Under the Residential Tenancies Acts, rent can only be reviewed once every 24 months. In Rent Pressure Zones — which cover Dublin, Cork, and most urban areas in Ireland — rent increases are capped at the rate of general inflation (HICP) or 2%, whichever is lower.
Your landlord must give you 90 days written notice of any rent increase and must provide evidence that the new rent is in line with market rents for comparable properties in the area. A rent increase that does not comply with these requirements is invalid. You are not obliged to pay an unlawful increase, and you can refer the matter to the RTB at any time.
If you have been paying an unlawful rent increase for months or years, you may be entitled to a refund of the excess paid.
You can check whether your property is in a Rent Pressure Zone on the RTB website. If you are, the rent increase cap applies to your tenancy. If your landlord has increased your rent by more than the permitted amount, or more frequently than every 24 months, you can refer a dispute to the RTB.
Oksana had been renting a one-bedroom apartment in Dublin 7 for four years. Her landlord increased the rent annually — by €80 in year two, €100 in year three, and €120 in year four. On each occasion she paid the increase because she was afraid of losing the apartment and did not know her rights.
A colleague told her that Dublin 7 was a Rent Pressure Zone and that annual increases were not permitted — reviews could only happen once every 24 months, and any increase was subject to the HICP or 2% cap.
Her solicitor calculated the excess rent paid over the three-year period at just over €3,400. An RTB dispute was filed. The landlord did not attend the mediation session. An adjudicator determined that all three increases had been unlawful and ordered the excess to be refunded.
Oksana also received a determination confirming the lawful rent, which protected her against further unlawful increases for the remainder of her tenancy.
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