Q. My partner and I have been living in our current rented accommodation for a good number of years. Our rent is quite low. The property is old, there are leaks, there is some damp and recently the central heating packed up. The landlord, who we have always had a good relationship with, has said that substantial works need to be done. He told us that we might need to vacate and the rent would have to rise, and I’m not sure if we can afford that. Can you tell us what our rights might be?
Dear Reader,
At the moment, it sounds like your rent is capped at a low level as the property is in a Rent Pressure Zone. This which means that your landlord can only give small increases in rent, and likely below what the property would achieve on an ‘open market’ rent.
Your landlord is obliged to maintain the property to certain standards, which include being free from damp, having some manner of heating, etc. Your landlord is obliged to provide these minimum standards, and if a renovation is necessary to ensure that the property meets these minimum standards then the landlord might well be obliged to do so.
If the renovations are substantial, you may be asked to vacate the premises. You will be given notice, which is based on how long you have been in the property. Your landlord is obliged to furnish information as to when the works are to occur, how long they will take, and furnish a copy of the planning permission if same is required.
Your landlord is obliged to offer the property back to you to rent once the works have completed, but is not obliged to provide alternative accommodation while the renovations are occurring.
Whether or not your landlord is entitled to seek an increase in rent, should you be able to reoccupy the property following the renovations, depends on a number of factors. A simple renovation in and of itself would not be sufficient.
However, if there was an extension or substantial alteration to the property, or works which substantially increased the BER rating, for example, then your landlord would be entitled to seek a rent in line with the market rate of rent.
As mentioned above, that would likely be substantially more than the rent that you are currently paying.
Again, your landlord might be left without an option but to substantially renovate the property.
