In Ireland, a successful challenge has spared an elderly Cork City resident a rent increase that was nearly three times her monthly payment.
Here's what to know
The Residential Tenancies Board tribunal determined that the Residential Tenancies Act 2004 applied to Mary Dowling's tenancy on Old Youghal Road, giving it authority to hear her challenge, the Irish Examiner reported.
Landlord Zita Dennehy sent Dowling a rent review notice in May 2021 seeking to raise her monthly payment from €675 to €2,000 (around $756 to $2,240) — an additional €1,325 (nearly $1,500) a month.
The landlord's ability to terminate the lease for breaches such as failure to pay rent was why Dowling's counsel, Ruadhán Ó Ciaráin, disputed the "life interest" classification, according to the Irish Examiner. That classification came from an October 2021 adjudication that Dowling appealed.
A formal lease followed the deaths of Dowling's parents, Ó Ciaráin told the tribunal. Dowling had lived in the property since May 1944.
More background
Dennehy said it was unfair that the agreement was not being upheld, noting that rent had stayed at €675 a month. The Irish Examiner reported that she represented herself, was not the original landlord, and said Dowling's solicitor had prepared the tenancy agreement in 2006.
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A reset to the prevailing market rent under a six-year rule was Dennehy's fallback argument if the board accepted jurisdiction. Her primary position was that it had no authority over the tenancy.
Without proof that the relevant legislation covered her tenancy, Dowling had struggled to obtain parking permits, Ó Ciaráin said, according to the Irish Examiner.
A related Cork Circuit Court application delayed the proceedings, the tribunal heard.
What's being done?
Hugh Markey, the tribunal's chairperson, said nothing presented established that Dowling's property was excluded from the legislation, according to the Irish Examiner.
The tribunal found that her agreement met every defining characteristic of a lease, including more beneficial terms that the landlord had willingly accepted.
The tribunal upheld Dowling's appeal and invalidated the rent review notice. Ó Ciaráin's argument for her tenure protection rested on her holding a Part 4 tenancy, under which tenants gain that protection after six months of continuous occupancy.
The legislation required a minimum notice period of 90 days before the rent change, and Markey said Dennehy had not used the required notice format, according to the Irish Examiner.
Where can I learn more?
Other older residents and long-term tenants have also pushed back against rising housing costs.
• California seniors say a mobile home park sale drove rent from $825 to $1,600.
• New York retirees say a state-ordered 15% rent cut never reached them, leaving $10,000 owed.
• Washington renters confronted $175,000 in landlord money, with Seattle's mayor joining their fight.
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