The Residential Tenancies Act prohibits the landlord from setting a rent that is in excess of market rent. If a landlord intends reviewing the rent, they must inform you, in writing, of any review in rent, a minimum of 90 days before the new revised rent is due to take effect. A valid notice served by the landlord must be in the prescribed form (see sample notice below).
- It must state the amount of new rent and the date from which is to have effect.
- It must include a statement that a dispute must be referred to the Board on the expiry of 28 days from the receipt by the tenant of that notice or the date the new rent takes effect.
- It must include a statement by the landlord that it is their opinion that the new rent is not greater than market rent having regard to the other terms of the tenancy, letting values of dwellings of a similar size, type and character and situated in a comparable area.
- It must specify the rent amount for three comparable dwellings of a similar size, type and character and situated in a comparable area.
- It must include the date on which the notice is signed.
- It must be signed by the landlord or his/her authorised agent.
- A landlord is also required to notify the RTB of the revised rent so that the registrations details can be updated.
- If the dwelling is located within a Rent Pressure Zone, the Formula must be included. See further information on this below.
Where a notice of a rent review has been served by the landlord then either party can submit a dispute to the RTB before the new rent is to have effect or before expiry of 28 days from the tenant receiving that notice, whichever is the later. See more information on our dispute resolution services here.
Approved Housing Bodies
Rent reviews are determined by the tenancy agreement between the tenant and the approved housing body. Where the tenancy agreement does not provide a provision for rent review, then the original legislation from the 2004 Act applies, i.e. every 12 months. The notice period however, is not specified, meaning neither 28 days or 90 days apply. The Act says "as soon as practicable".