New Prescribed Form for Notice of Rent Review from 01 July 2019

Changes to the legislation have introduced a new Prescribed form for Notice of Rent Review that must be used by all landlords from 1st July 2019. Landlords should fill out the sections relevant to them in full. Landlords should not deviate from the wording of the notice of rent review or delete information from it as any change could invalidate the notice in its entirety. 

Rent Review Outside of a Rent Pressure Zone

Outside of Rent Pressure Zones landlords can only review the rent 24 months after the tenancy commencement date or 24 months from the date of service of the last valid rent review. The review must be based on current market rent and three comparable properties must be provided by the landlord to show evidence as to how the new rent amount was arrived at.

All landlords must serve the notice of rent review ensuring that they follow the presribed form for the notice. The prescribed form for notice of rent review must be followed closely, and landlords should not deviate from the wording used therein or delete information from same as doing so could invalidate the notice of rent review in full. 

All landlords serving a notice of rent review outside of a Rent Pressure Zone must fill in Part A and Part D of the form found here.

The information required to ensure that you fill out the form entitled Part A in full and correctly are:

  • Tenant(s) name
  • Landlord(s) name
  • Dwelling address
  • New amount of rent being sought
  • Date from which new rent is to be paid from
  • 3 comparable dwellings. Please note that the 3 comparable properties must have been advertised within the previous 4 weeks of the date of service of the notice. 3 comparables have to be provided, if less are provided the notice of rent review may be deemed invalid. Comparable properties do not have to be in the exact same town or geographical location. Landlords can look for similar properties in similar towns nationwide.

Part D of the form seeks the landlords signature or if a landlord has appointed an authorised agent, the agent can sign Part D on the landlord’s behalf.

Both Part A & Part D must be served on a tenant together or the notice of rent review may be deemed invalid.

 Rent Review in a Rent Pressure Zone

Following the designation of a Rent Pressure Zone, all existing tenants at the relevant date of designation are still covered by the 24 month rent certainty laws. Therefore, a landlord must wait 24 months from the tenancy commencing or 24 months from the service of the last valid rent review notice before serving a further rent review.

A tenant must be informed of any review to the rent with at least 90 days’ notice in writing of a change in rent (an email or text is not considered appropriate notice of a rent review). The rent can only be increased up to a maximum of 4% and the rent being sought should not be more than local market rents for similar properties. After this, the landlord will be entitled to review the rent every 12 months.

If a tenancy in an RPZ began after the date of designation a landlord can review the rent each year and it can only be increased up to a maximum of 4%. The rent being set should not be more than local market rents for similar properties.

All landlords must serve a notice of rent review ensuring that they follow the Notice of Rent Review. The Notice of Rent Review must be followed closely, and landlords should not deviate from the wording used therein or delete information from same as doing so could invalidate the Notice of Rent Review in full. 

All landlords serving a Notice of Rent Review in a Rent Pressure Zone must fill in Part A, Part C and Part D of the form found here.

The information required to ensure that you fill out the form entitled Part A in full and correctly are:

  • Tenant(s) name
  • Landlord(s) name
  • Dwelling address
  • New amount of rent being sought
  • Date from which new rent is to be paid from
  • 3 comparable dwellings. Please note that the 3 comparable properties must have been advertised within the previous 4 weeks of the date of service of the notice. 3 comparables have to be provided, if less are provided the notice of rent review may be deemed invalid. Comparable properties do not have to be in the exact same town or geographical location. Landlords can look for similar properties in similar towns nationwide.

Part C requires landlords to fill in the details they are relying on within the Rent Pressure Zone formula. Please note that the RTB has an RPZ calculator that landlords can access to help them with Part C. The RPZ calculator can be found here.

R x (1 + 0.04 x t/m)

  • R = The amount of rent last set under a tenancy for the dwelling (this is the amount of rent set at the commencement of the tenancy or the rent that was set following the last valid rent review).
  • t = The number of months between the date the current rent came in to effect and the date the new rent amount will come in to effect.
  • m = you must enter 24 OR 12
  • 24 = is to be inserted in respect of the first rent review on or after the date that the area became an RPZ where the tenancy was in existence prior to that date.
  • 12 = is to be inserted in respect of any rent review in an RPZ in respect of a tenancy that commenced on or after the date the area in question became an RPZ.

Part D of the form seeks the landlords signature or if a landlord has appointed an authorised agent, the agent can sign Part D on the landlord’s behalf.

Part A & Part B & Part D must be served on a tenant together or the notice of rent review may be deemed invalid.

Rent Review in a Rent Pressure Zone where Landlord is relying on an Exemption

It is important to remember that not all properties in RPZs are subject to the 4% restriction. Exempt properties include properties that have not been rented for a period of two years prior to the immediate tenancy commencement date, and those that have undergone a 'substantial change in the nature of the accommodation'.

There have been recent changes to the legislation surrounding the exemption rules and criteria, detailed information on the exemptions can be found here.

Exemption 1: The initial setting of the rent on a dwelling which had not been rented for a period of two years prior to the immediate tenancy commencement date. All rent reviews thereafter must adhere to the Rent Pressure Zone formula.

Exemption 2: A 'substantial change' in the nature of the accommodation has been defined and will only be deemed to have taken place where strict criteria is met. Further information on what criteria must be met when relying on the substantial change exemption can be found here.

All landlords must serve a notice of rent review ensuring that they follow the sample notice. The sample notice of rent review must be followed closely, and landlords should not deviate from the wording used therein or delete information from same as doing so could invalidate the notice of rent review in full. 

All landlords serving a notice of rent review in a Rent Pressure Zone relying on an exemption must fill in Part A, Part B and Part D of the form found here.

The information required to ensure that you fill out the form entitled Part A in full and correctly are:

  • Tenant(s) name
  • Landlord(s) name
  • Dwelling address
  • New amount of rent being sought
  • Date from which new rent is to be paid from
  • 3 comparable dwellings. Please note that the 3 comparable properties must have been advertised within the previous 4 weeks of the date of service of the notice. 3 comparables have to be provided, if less are provided the notice of rent review may be deemed invalid. Comparable properties do not have to be in the exact same town or geographical location. Landlords can look for similar properties in similar towns nationwide.

The information required to ensure that you fill out the form entitled Part B in full and correctly are:

  • Landlord(s) name
  • Tick relevant exemption information that applies to the dwelling.

Part D of the form seeks the landlords signature or if a landlord has appointed an authorised agent, the agent can sign Part D on the landlord’s behalf.

Part A & Part B & Part D must be served on a tenant together or the notice of rent review may be deemed invalid.

Obligation on Landlords to Notify the RTB of their Reliance on an Exemption 

Since 1st July 2019 landlords must inform the RTB that they are relying on an exemption which means that they do not have to adhere to the Rent Pressure Zone formula. Landlords must fill out a new form a with all the correct relevant information and send it to the RTB within one month of the new rent amount being set. The form can be found here. 

The information required to ensure that you fill out the form in full correctly are:

  • Landlords name
  • Dwelling address
  • Tenancy Registration number 
  • New amount of rent being sought
  • Date from which new rent is to be paid from
  • Previous rent amount and the date which that rent amount was paid from (only if property was rented before, if it was not you tick box below)
  • You will then tick the appropriate exemption that applies to you.
  • When relying on the substantial change exemption you will have to select from 3 separate categories of works the relevant
  • As applicable – new BER certification (where listed as a reason)
  • As applicable – letter of certification from one of the following clarifying the nature of structural changes: architect, chartered surveyor, chartered engineer and/or planning documentation in relation to these changes