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PRTB, is it needed?

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    #32
    Jessica86
    Registered Users Posts: 56 ✭✭Jessica86


    What will happen to her if I report her?

    I don't to go turning too " evil" on her....

    In regards to the damage, we are fixing up the wood damage now, I can try and get the bite marks off the bed with wood filler. But I dont think i can get it in the same color... Also I think it must have been there while before we even moved in.


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    #33
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Jessica86 wrote: »
    What will happen to her if I report her?

    I don't to go turning too " evil" on her....

    In theory she will get a (pretty hefty) fine, but from what I can gather in reality she will be just asked to pay the fee initially and will only get fined if she ignores this request.

    Like with people recommending reporting landlords for not paying tax etc, it will be of little value to you other than to make you feel better or possibly as some kind of bargaining chip if you need one against the landlord in a serious dispute. Its not going to make your case any stronger legally against the landlord if it comes to a dispute.


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    #34
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    Do you officially have to report a landlord for not being registered, or is a phone call enough for them to take action when they can see that they are not on the system?


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    #35
    Jessica86
    Registered Users Posts: 56 ✭✭Jessica86


    I just made a phonecall to http://www.threshold.ie/advice/.. And I thought I was clear on some things, now I am not anymore... lol...

    I asked them in regards to the deposit, she told me that the deposit is technically still " my money" and she has to deduct the repair costs of furniture from that, and she has to hand over bills for it. Also, since she has to get a new tenant as fast as she can I won;t have to pay an extra months rent for leaving early, I will only need to pay for the costs of advertising etc...

    This is how I understood it when I called...


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    #36
    am i bovvered
    Registered Users Posts: 1,102 ✭✭✭am i bovvered


    Unfortunately the PRTB are a complete joke, money making scam.
    I am a decent landlord, in 2009 a couple destroyed one of our rentals, thousands of € in damages.
    We paid yet another fee to take a case, we won, it's now nearly 2013 and we are still waiting an enforcement of their order. We have now been told to take a case ourselves to the local court and they cannot influence the result.... so what is the point in it all !!!!


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    #37
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    am i bovvered wrote: »
    Unfortunately the PRTB are a complete joke, money making scam.
    I am a decent landlord, in 2009 a couple destroyed one of our rentals, thousands of € in damages.
    We paid yet another fee to take a case, we won, it's now nearly 2013 and we are still waiting an enforcement of their order. We have now been told to take a case ourselves to the local court and they cannot influence the result.... so what is the point in it all !!!!

    They help to keep tenant/landlord disputes out of circuit court. Some cases will of course have to proceed as far as that though.

    PRTB are open about the fact that they cannot issue actual enforcement.


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    #38
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Jessica86 wrote: »
    I just made a phonecall to http://www.threshold.ie/advice/.. And I thought I was clear on some things, now I am not anymore... lol...

    I asked them in regards to the deposit, she told me that the deposit is technically still " my money" and she has to deduct the repair costs of furniture from that, and she has to hand over bills for it. Also, since she has to get a new tenant as fast as she can I won;t have to pay an extra months rent for leaving early, I will only need to pay for the costs of advertising etc...

    This is how I understood it when I called...
    Yes, she has to get a new tenant as fast as she can - but that might take a month. Therefore, she does not have to return your deposit either until she has re-let the house or a month is up in which case you won't get your deposit returned.

    If you had had a Part 4 tenancy, there is no problem in leaving, you just give the required notice and leave, your deposit being returned less any damage in excess of normal wear and tear.

    As you have a fixed term lease, you are liable to lose your deposit if you break the lease, which is to cover the landlord's lost rent and expenses in finding a new tenant. And if you do not leave the property in the same condition of cleanliness (including the smell of pets in the property which may require professional cleaning) as it was at the state of the tenancy the landlord may also deduct cleaning costs from your deposit.

    To be quite honest, your dog seems to have done quite a bit of damage to the furniture. Many landlords will not allow pets in their properties because of the damage some animals cause.


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    #39
    Malzeit
    Registered Users Posts: 3 ✭Malzeit


    You mentioned that the Landlord had not supplied you with an address but would this not be on the paperwork/lease you signed?


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    #40
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Rasmus wrote: »
    T

    PRTB are open about the fact that they cannot issue actual enforcement.

    The PRTB can proceed to enforcement if they want. They just don't bother. They pretend that they will in their determinations.


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    #41
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    Milk & Honey wrote: »
    The PRTB can proceed to enforcement if they want. They just don't bother. They pretend that they will in their determinations.

    The PRTB can apply for a Circuit Court Order but they independently cannot actually force the defendant to pay. If a determination order is not complied with, the applicant can proceed to circuit court themselves, which they could not have done before the PRTB process.


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    #42
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Rasmus wrote: »
    The PRTB can apply for a Circuit Court Order but they independently cannot actually force the defendant to pay. If a determination order is not complied with, the applicant can proceed to circuit court themselves, which they could not have done before the PRTB process.
    So now you have to go through this useless organisation before getting a chance at actual justice. (even court orders can be as good as useless if the debtor has no money or has hidden it well). The PRTB should be fixed or scrapped. It should NOT remain as it is under any circumstances.


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    #43
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    murphaph wrote: »
    So now you have to go through this useless organisation before getting a chance at actual justice. (even court orders can be as good as useless if the debtor has no money or has hidden it well). The PRTB should be fixed or scrapped. It should NOT remain as it is under any circumstances.

    Before it was established, it was very difficult for any party to get justice or monies owed. It's unfair but I think it is better than nothing. Both tenant and landlord take a big risk by entering a contract.


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    #44
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    murphaph wrote: »
    So now you have to go through this useless organisation before getting a chance at actual justice. (even court orders can be as good as useless if the debtor has no money or has hidden it well). The PRTB should be fixed or scrapped. It should NOT remain as it is under any circumstances.

    DEFO get rid of it and the PIAB please! Pretty please - the reduction in fees these organisations have produced (more so the PIAB) is staggering. If you want direct access to courts we could open up a load more Circuit and District courts - wee more work for the legal profession! :pac:


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    #45
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Rasmus wrote: »
    The PRTB can apply for a Circuit Court Order but they independently cannot actually force the defendant to pay. If a determination order is not complied with, the applicant can proceed to circuit court themselves, which they could not have done before the PRTB process.

    The PRTB or the Applicant can also go to the District Court but the PRTB never does.


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    #46
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    Milk & Honey wrote: »
    The PRTB or the Applicant can also go to the District Court but the PRTB never does.

    What do you mean?


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    #47
    Jessica86
    Registered Users Posts: 56 ✭✭Jessica86


    Just want to say thanks to all if you for the tips and answers in regards to the questions. We left the property today. She brought an estate agent with her.

    We barely got done so we did not Hoover. This was a first world problem. Despite that we got blamed for putting up this thread. They recognised themselves with it and therefore got angry for asking advice on a public forum.


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