PRTB

Rasmus

Anyone have any recent experience with an adjudication at PRTB? I'm wondering how long the timeframe is between the hearing and when the decision is posted out.

Castlehaven

This is just our experience but looking at the file on one case from this year the adjudication was held at the PRTB on the 18/04 and we received the report on the 20/06. the tenant did not show or offer any defence and it was simply a case for non payment of rent with all evidence provided to support the case from the landlords perspective.

Since this was for overholding we had requested an accelerated hearing and process.

We then received the determination order from the board on 14/08 but the board did have to refer back to the adjudicator for clarification on some points hence the longer timescale from report to determination order.

We now have the order and the landlord is taking the matter to court himself (have a December hearing) rather than wait for the PRTB to enforce the order.

Tenant owes in the region of €9000.00 and is unlikely to be removed this side of Christmas

Rasmus

Castlehaven wrote: »

This is just our experience but looking at the file on one case from this year the adjudication was held at the PRTB on the 18/04 and we received the report on the 20/06. the tenant did not show or offer any defence and it was simply a case for non payment of rent with all evidence provided to support the case from the landlords perspective.

Since this was for overholding we had requested an accelerated hearing and process.

We then received the determination order from the board on 14/08 but the board did have to refer back to the adjudicator for clarification on some points hence the longer timescale from report to determination order.

We now have the order and the landlord is taking the matter to court himself (have a December hearing) rather than wait for the PRTB to enforce the order.

Tenant owes in the region of €9000.00 and is unlikely to be removed this side of Christmas

9,000 is insane. Thanks for the info on the timeline. Are you a representative of this landlord? Was it an easy process to apply for a court hearing instead of waiting for PRTB to enforce?

Castlehaven

I agree that €9000 is incredible and there really needs to be a better system to avoid these situations rolling on so long.

We were hired by the landlord late in 2011 in order to try and turn the situation round (there were already substantial arrears because of poor tenancy management) and we actually got the tenant paying the rent plus paying off arrears slowly but then it all fell apart again so we had to go down the PRTB route.

This is the third such case we have handled this year and the other two tenants vacated once we obtained the determination order. Whist in both cases there were unpaid arrears in the thousands at least the landlords got vacant possession.

As regards the court hearing we asked the PRTB to enforce the order but the landlord also used a solicitor to apply for a court date to enforce the order. As it happens the solicitor route has been quicker but obviously more costly.

It is worth remembering as well that the PRTB look at all requests to enforce an order and if there is no chance or little chance of there being a successful outcome they can opt not to proceed.