It is illegal to increase rent beyond 7.5 per cent without permission

Restrictions on rental increases by landlords

Landlords are allowed to increase rent by 7.5 per cent annually with the permission of the Rent Assessment Board. If a landlord wants an increase that is more than 7.5 per cent, he/she has to go to the Board.

The Rent Restriction (Percentage of Assessed Value) Order, 1983 states in Section 3 subsection 1 that:

“The standard rent as determined for any premises pursuant to the Schedule shall be increased on each anniversary of the application date by an amount as shall be necessary to increase, by 7.5 per cent, the standard rent payable immediately prior to such increase.”

Landlords cannot raise rent more than 10% total or 5% plus the percentage change in the cost of living – whichever is lower – over a 12-month period.

The Rent Board will consider the increased cost in the rate of property taxes, improvements to property, among other things.  If there is an unreasonable or illegal increase in rent, the tenant is entitled to a refund.

A late fee for payment of rent and the collection of a security deposit are also not permissible. Section 24 subsection 1 of the Rent Restriction Act stipulates that:

“a person shall not, as a condition of the grant, renewal or continuance of a tenancy of any controlled premises… require the payment of any fine, premium or other like sum or the giving of consideration in addition to the rent…”

Also, a landlord cannot recover possession of the premises unless the tenant has not paid the rent for at least thirty days or the tenant or any person residing or lodging with him or being his sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers.

Recovery can also take place if the tenant has been convicted of using the premises or allowing the premises to be used for an immoral or illegal purpose.

Section 25 subsections c and d continues that if:

(c) …the condition of the premises has, in the opinion of the court, deteriorated or become insanitary owing to acts of waste by, or the neglect or default of, the tenant or any such person, and, where such person is a lodger or sub-tenant, the court is satisfied that the tenant has not, before the making or giving of the order or judgment, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant; or

(d) the tenant has given notice to quit, and, in consequence of that notice, the landlord has contracted to sell or let the dwelling-house or has taken any. other steps as a result of which he would, in the opinion of the court, be seriously prejudiced if he could not obtain possession;

There are other things that a landlord is not permitted to do. Section 27 subsection 1 says:

“Except under an order or judgment of a competent court for the recovery of possession of any controlled premises, no person shall forcibly remove the tenant from those premises or do any act, whether in relation to the premises or otherwise, calculated to interfere with the quiet enjoyment of the premises by the tenant or to compel him to deliver up possession of the premises.”

There is a penalty for such action as outlined in subsection 2.

(2) “Every person who contravenes any of the provisions of subsection (1) shall, upon summary conviction thereof before a Resident Magistrate, be liable to be imprisoned for any term not exceeding twelve months.”

And landlords ought not to bar parents from having a child or children residing with them in the rented premises. It is illegal to do so and could result in the landlord facing the courts and if found guilty, could be fined or imprisoned or be subject to both such fine and imprisonment.

Section 4A subsection 1 of the Rent Restriction Act bars a landlord from taking such action against a tenant. It says:

“A person shall not as a condition for the grant, renewal or continuance of a tenancy of any controlled premises consisting of a dwelling-house, require that no children shall reside with the tenant in that dwelling-house.”

This article is for general information purposes only and does not constitute legal advice.