As known, and in accordance with no. 1 of art. 24th of Law no. 6/2006, of 27 February (NRAU), the annual rent update coefficient for the different types of rental is the result of the total variation in the consumer price index, without housing, corresponding for the last 12 months and for which values are available as of August 31st, as determined by the National Statistics Institute.
Therefore, pursuant to paragraph 2 of the aforementioned article, the notice with the coefficient referred to in the previous paragraph is published in the Diário da República by October 30th of each year.
Along these lines, today (10/30/2023) Notice No. 20980-A/2023 was published in the Official Gazette, which makes public that the coefficient to be applied to most lease contracts, unless otherwise agreed [1], will be 1.0694 (ie, increase of 6.94%).
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In this way, and contrary to what happened last year, in which the Government had placed a “brake” on the increase in income, limiting the increase to 2%, this year it adopts a different stance, so that this “brake ” of 2% is only applied to a part of the tenants, presumably more unprotected.
To this end, the Government will update “Income Support” by 4.94%, which implies that the respective beneficiaries will only be affected by 2%, as well as allowing the maximum amount of IRS to be deducted. €550.00.
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We also remember that, in order to update the rent in accordance with the coefficient, at least one year must have elapsed since the beginning of the contract, and the landlord must communicate 30 days in advance, in accordance with the provisions of paragraphs . b) and c) of paragraph 2 of art. 1077th of the CC
As well as, in accordance with the provisions of art. d) of paragraph 2 of art. 1077.º of the CC, the landlord, if he has not done so, may update the rent with reference to the coefficients of the previous three years.
( “Failure to update harms the recovery of increases not made, although the coefficients may be applied in subsequent years, as long as no more than three years have passed since the date on which their application would have initially been possible.”)
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[1] Pursuant to paragraph 1 of art. 1077.º of the CC, the parties stipulate, in writing, the possibility of updating the rent and the respective regime”.
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