PRTB Appeal

Olivia Leon

Hi there, appologies if this is a bit of a side issue... Desperation can lead us to do extrange things. Would any body know who the PRTB are accountable to?

I had recently learned that the PRTB had been sending sensitive information about a court case intended against me to random addresses other than mine by mistake. By the time the issue come to my attention a sentence had been reached against me (ordering me to return her deposit).

Needless to say the sentence is based upon false allegations, misrepresentations of facts and a carefully put together selection of misleading communications taken out of context by my former tenant who breached a yearly contract after two months in the summer leaving considerable damages and unpaid bills and tricking me into believing that she will honour her commitment to a minimum of 6 months stay (the applicable rate for renting the apartment as a short term summer holiday let was twice of what she enginered to pay through signing a year's lease) with no input of my own.

When the issue was brought up to the PRTB, they refused to give me the oportunity to submit evidence disproving the accusations or indeed allow me access to a fair trial. To date they have not taken any responsibility for their administrative errors and careless handling of personal data, nor do they appear to have any intention to take remedial action or, in deed any kind of action to minimize the harm caused to my persona and reputation (i.e. in spite of the fact that their admistrative errors compromised the fairness and validity of the court proceedings and my earlier communications highlighting that, PRTB have now inflicted further damages to my name through publishing the adverse sentence against me reached through that one sided process before a proper investigation on the mistakes committed by PRTB undermining the fairness of the process was allowed to take place).

Refusing to investigate, acknowledge or remedy their earlier administrative mistakes that have landed me in such mess, PRTB has recently wroten to me giving me 10 days to complay with their adjudication (i.e. return her deposit to somebody who, had I had a fair trial should have been instructed to pay conpensation to me for her damages and economic losses inflicted upon me through her deceitful behaviour) or incurr on a 3000 euros fee and having my name and credibility destroyed with considerable damages to my professional reputation and financial credibility.

The icing of the cake is that the tenant in question has been very abusive and hides behind a national organization acting on her behalf. I don't even have a current forward address for her, nor was I able to get it when it was requested by the police in order to deal with her latest incident of harrasment (shouting, insults, threats and a melodramatic scene refusing to leave) targeted at me and my companions in a public place. Given the urgency and gravity of the issue and the fact that I am totally alien as to how things work in Ireland I would appreciate any lead, guidance, suggestions and information as to where to go from here. Thank you very much in advance for any assitance.

Milk & Honey

You can appeal an adjudication if you are unhappy. it appears that you did not appeal in time.
The PRTB can be judicially reviewed in the High Court but you may also have left it to late.
What kind of legal advice did you get before the PRTB hearing?

Olivia Leon

Thank you very much for your advice M & H, Your are right, by the time I knew about the case against me, the appealing time had already lapsed. I haven't had any advice or indeed been involved in the process at all other than contacting the PRTB to check if the correspondence they sent to the wrong address was intended to me and requested an update on affairs and the oportunity to participate in the case against me when they informed me that there had been a case against me. Their sole reaction has been correct the address in the new correspondence and press ahead with the inforcement of a sentence reached in a process that they prevented me from accessing through their earlier mistakes.

You see, the way I see it, they summon to trial somebody else living in Westmeath (that is where their correspondence was sent to while I live in Galway) and expected me to guest that that person in the midlands was supposed to be me They now expect me (not the person in the Midlands they have been corresponding to!) to take over and comply with a sentence reached in an unfair process in which I had not been allowed to participate. I don't know the system and I would be grateful for advice re. appealing to the high court (never heard of them before). I hope I am on time for that.

murphaph

Hi Olivia, please use some paragraphs in your posts-it makes them much easier to read and perhaps you'll get more help that way.

The PRTB are a shambles from top to bottom, very sorry for your troubles with them

Victor

You should talk to a solicitor about appealing.

Clive

OP since they have already adjudicated against you, you need solid legal advice. A solicitor with good knowledge of tenancy law and the setup of the PRTB to fight your corner since it was maladministration on their part that prevented you from participating in the dispute resolution process.

rcdk1

I agree that a solicitor is the way forward.

Since your best chance of having a fresh appeal heard is based on the fact that the letters were being sent to the wrong address, I would lodge a complaint with the Data Commissioner regarding the PRTB's mis-use of your personal information. This puts the matter on record with an independent third party.

Milk & Honey

You are making no sense. You say that you were not given an opportunity to give evidence and then say that you were not aware of the hearing.
It is impossible to comment. Judicial Review in the High Court is expensive and even legal advice leading up to it is expensive.

Miguel_Sanchez

I have a dispute ongoing with the PRTB at the moment. A couple of weeks ago they rang me to confirm my address before sending out the letter. As part of your complaint you should state that they never rang you to confirm your address.

My understanding is that the PRTB has no power to enforce a ruling, only to make one. If the tenant wants you to pay back the money they will have to chase you down through the small claims courts.

Lodge your complaint with the Data Protection Commissioner and make the tenant chase you to the courts where you can present your evidence.

Mouldy Mary

Jeff_Lebowski wrote: »

I have a dispute ongoing with the PRTB at the moment. A couple of weeks ago they rang me to confirm my address before sending out the letter. As part of your complaint you should state that they never rang you to confirm your address.

My understanding is that the PRTB has no power to enforce a ruling, only to make one. If the tenant wants you to pay back the money they will have to chase you down through the small claims courts.

Lodge your complaint with the Data Protection Commissioner and make the tenant chase you to the courts where you can present your evidence.

This is wrong! The court will only want to know if the PRTB made an order. The court will not hear evidence on an action to enforce a determination.

D3PO

somethings not right here.

if they sent details to Westmeath and your in Galway how did you eventualyl find out about it ? Sounds to me like you registered the tennancy using a different address or didnt have it registered at all.

Just doesnt make sense.

Olivia Leon

Thanks to all. For those that enquire, I do not know how the PRTB address mistake or their careless handling of sensitive data come about but, given their reaction and attitude that these breaches or the security of personal data may not mean much to them. They have tried to accuse me of been the source of that mistake over the phone (which I definitely am not!) and I am still trying to get hold of their date on me to investigate the issue. Meanwhile, I can only account for myself and ensure that I treat private and confidential data with the respect it deserves.
I suspect that they are up to a new trick in order to avoid dealing with complains: an earlier email/appeal under section 125 sent today at 12.30 bounced as "spam". Up to now, they simply have ignored uncomfortable communications such as my request for copies of all records under the 1988 & 2003 act submitted last August.

BostonB

Mouldy Mary wrote: »

This is wrong! The court will only want to know if the PRTB made an order. The court will not hear evidence on an action to enforce a determination.

Do you have an example of that?

Olivia Leon

Can any body explain to me what is section 125? I've been told to appeal to PRTB under section 125 to get my case reviewed. Don't even know what it is. I tried to find out from PRTB but not you here...
Solicitor is out of question: I don't qualify for legal aid and cannot afford legal fees. I don't supose that there is any agency paralell to THRESHOLD outthere to defend/advice/protect landlords?
Thanks again!

Uncle Junior

Section 125 states that were a person can establish to the satisfaction of the Board that, in relation to a D.O., there are "good and substantial reasons for . . having failed to appear at the relevant hearing" then the Board may cancel the D.O. and "direct that a fresh determination of the matter shall be made by the adjudicator". So it would seem that you should provide as much documentary evidence as you can muster and make an application under s.125 to the PRTB for a fresh hearing.

Miguel_Sanchez

Mouldy Mary wrote: »

This is wrong! The court will only want to know if the PRTB made an order. The court will not hear evidence on an action to enforce a determination.

Interesting. I wasn't aware of that at all and presumed if there was a court hearing that the landlord would be allowed present their case.

Have you been in the situation before?

Olivia Leon wrote: »

They have tried to accuse me of been the source of that mistake over the phone (which I definitely am not!) and I am still trying to get hold of their date on me to investigate the issue.

In my dispute I have been given a case number and can log onto the PRTB website to view the details of the case - I was told by the PRTB that these details were provided to the landlord. I presume they have not provided you with this information.

It is possible that the tenants gave false details for you and got someone else to pretend to be you, confirm a fake address etc. thus ensuring that you would not make the hearing and the ruling would go their way.

Milk & Honey

Jeff_Lebowski wrote: »

Interesting. I wasn't aware of that at all and presumed if there was a court hearing that the landlord would be allowed present their case.

Have you been in the situation before?

The Court might hear evidence but in limited circumstances.
Residential Tenancies Act 2004

124.—(1) If the Board or a party mentioned in a determination order is satisfied that another party has failed to comply with one or more terms of that order, the Board or the first-mentioned party may make an application under this section to the Circuit Court for an order under subsection (2).

(2) On such an application and subject to section 125 , the Circuit Court shall make an order directing the party concerned (the “respondent”) to comply with the term or terms concerned if it is satisfied that the respondent has failed to comply with that term or those terms, unless—

(a) it considers there are substantial reasons (related to one or more of the matters mentioned in subsection (3)) for not making an order under this subsection, or

(b) the respondent shows to the satisfaction of the court that one of the matters specified in subsection (3) applies in relation to the determination order.

(3) The matters mentioned in subsection (2) are—

(a) a requirement of procedural fairness was not complied with in the relevant proceedings under this Part,

(b) a material consideration was not taken account of in those proceedings or account was taken in those proceedings of a consideration that was not material,

(c) a manifestly erroneous decision in relation to a legal issue was made in those proceedings,

(d) the determination made by the adjudicator or the Tribunal, as the case may be, on the evidence before the adjudicator or Tribunal, was manifestly erroneous.

(4) If, on the hearing of an application under this section, it appears by credible testimony that there is reason to believe the respondent will be unable to pay the costs of the applicant of so much of the hearing as relates to the determination of whether any of the matters specified in subsection (3) have been established by the respondent (in the event that none of them is established) the court may require sufficient security to be given for those costs.

(5) If the determination order, the subject of an application under this section, is one requiring a dwelling to be vacated and—

(a) the basis for that requirement is that the tenancy concerned was validly terminated by service of a notice of termination, and

(b) that notice was served by reason of the tenant's failure to pay an amount of rent due,

the court may, before hearing any arguments or receiving any evidence in relation to whether any of the matters specified in subsection (3) have been established, require the respondent to lodge in court or pay to the applicant, as it thinks appropriate, that amount of rent together with such amount as it specifies in respect of the dwelling's continued occupation by the respondent after the service of that notice.

(6) If the applicant under this section is not the Board, the respondent shall give notice to the Board that he or she proposes to oppose the application and the Board shall be entitled to appear and be heard at the hearing of the application.

(7) The court may make such ancillary or other orders as it considers just on the hearing of an application under this section.

(8) The Board may furnish to the registrar of the court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the court under subsection (2) (including, if the court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).

(9) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the tenancy or dwelling concerned is or was situated.