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    #122
    info13
    Registered Users Posts: 172 ✭✭info13


    also he says the bank is close to taking the house off him now and if we cant arrange to pay him the bank will look for the money from us this does not make sense to me also??


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    #123
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    info13 wrote: »
    so basically if he does not accept the offer what to do then??

    Nothing, really. If he doesnt accept the offer then its up to him to take a case against you with the PRTB and let them sort it out. If that happens, and you are serious about paying him back, then Id suggest putting the €250 a month aside, and when it comes to the PRTB hearing (which could be months, maybe a year or more, away) bring the lump sum with you to hand over at that point.

    There really isnt any more that you can do at this point; the ball is in the landlord court now.


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    #124
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    info13 wrote: »
    also he says the bank is close to taking the house off him now and if we cant arrange to pay him the bank will look for the money from us this does not make sense to me also??

    The bank will have to go through the same procedure that he would have to; they dont have any more power to demand the full amount up front than he has.


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    #125
    info13
    Registered Users Posts: 172 ✭✭info13


    but if he is not registered with the PRTB how will this work?? i am better just to go to them myself?? i do want to pay back the money and wont leave him with it but i cant give any more at the moment


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    #126
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Again I ask, why would you want to go to the PRTB yourself? Its the landlord who has the case to take to them, not you. If you make an offer and he turns it down then the only course of action he has is to pursue you through the PRTB; no other court will entertain him without a PRTB judgement. If he doesnt want to go through the PRTB then that is his own business; he can then either accept your offer of a payment plan or walk away from the money.

    Him not being PRTB registered means virtually nothing; chances are if he wants to take a case against you all he will be asked to do is pay whatever arrears he owes the PRTB to register the tenancy first. There is a slim chance that he might face a fine for non-registration but its highly unlikely unless he is a serial offender.


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    #127
    wirelessdude01
    Registered Users Posts: 8,423 ✭✭✭wirelessdude01


    djimi wrote: »
    Again I ask, why would you want to go to the PRTB yourself? Its the landlord who has the case to take to them, not you. If you make an offer and he turns it down then the only course of action he has is to pursue you through the PRTB; no other court will entertain him without a PRTB judgement. If he doesnt want to go through the PRTB then that is his own business; he can then either accept your offer of a payment plan or walk away from the money.

    Him not being PRTB registered means virtually nothing; chances are if he wants to take a case against you all he will be asked to do is pay whatever arrears he owes the PRTB to register the tenancy first. There is a slim chance that he might face a fine for non-registration but its highly unlikely unless he is a serial offender.

    I think that the OP is hoping for some reason that he would get some sort of settlement out of them that would mean he wouldn't have to pay back the full amount.


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    #128
    info13
    Registered Users Posts: 172 ✭✭info13


    i will say again i want to pay back the amount in full but cant afford to offer more than that


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    #129
    wirelessdude01
    Registered Users Posts: 8,423 ✭✭✭wirelessdude01


    info13 wrote: »
    i will say again i want to pay back the amount in full but cant afford to offer more than that

    Why do you keep going on about bringing the LL to the PTRB then?


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    #130
    info13
    Registered Users Posts: 172 ✭✭info13


    im asking whats best for me to do then


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    #131
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    info13 wrote: »
    im asking whats best for me to do then

    At this point, nothing. Youve made your offer, the ball is now in his court. Either he accepts it, or he takes a case against you with the PRTB. Nothing more that you can do at this stage.


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    #132
    info13
    Registered Users Posts: 172 ✭✭info13


    okay ill see how it goes then im sure a eviction letter will be on its way soon also...


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    #133
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    At any point has he issued you with a 14 day notice of arrears?


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    #134
    info13
    Registered Users Posts: 172 ✭✭info13


    no not as of yet


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    #135
    info13
    Registered Users Posts: 172 ✭✭info13


    what if he sold it to a debt collector what then?


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    #136
    wirelessdude01
    Registered Users Posts: 8,423 ✭✭✭wirelessdude01


    Lots of ifs and buts. Wait and see how it plays out. Put aside the 250e each month while you await a solution/resolution.


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    #137
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    info13 wrote: »
    what if he sold it to a debt collector what then?

    It was mentioned earlier in this thread. I dont think that the debt could be sold to a debt collector; there is a legal process that must be followed for the landlord to recover this debt, and if they dont follow it then they could well end up in hot water should you take a case against them.

    In terms of the eviction notice, I sort of took it as a given that you wouldnt be remaining in the property. Given the arrears that are due, the landlord can issue you with a 14 day notice of arrears, after which time if the arrears arent cleared in full they can issue a 28 day notice of termination. Im not entirely sure what the story is if you have entered into an agreement to pay off the arrears in installments, it might be worth contacting Threshold and discussing that with them, but seeing as how the landlord hasnt agreed to that yet then I dont think they have to hold off on issuing the notice of arrears.


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    #138
    info13
    Registered Users Posts: 172 ✭✭info13


    well the offer of the 250 was additional to the rent we already pay and to stay in the house also he agreed to let us stay and pay normal rent plus extra but is looking for too much extra that we dont have right now i have also explained im looking for evening work and will be hoping to pay more after xmas but thats all i can do for now i guess....


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    #139
    info13
    Registered Users Posts: 172 ✭✭info13


    have not heard of or seen the landlord in the last 3weeks almost so at the moment still paying the normal rate per week.....


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    #140
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    info13 wrote: »
    have not heard of or seen the landlord in the last 3weeks almost so at the moment still paying the normal rate per week.....

    Isn't that what you did before???


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    #141
    Tokyo
    Registered Users Posts: 22,655 ✭✭✭✭Tokyo


    cerastes wrote: »
    Isn't that what you did before???

    Was just going to say the same thing - isn't that what got you into this hole in the first place?

    OP, learn from your mistakes the first time round. You say that you can afford a certain amount extra, so start paying the man. Chances are if he sees money coming in, it might soften things a bit.


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    #142
    info13
    Registered Users Posts: 172 ✭✭info13


    this has still not been fully settled we are paying extra every week what we can afford and sometimes more he says if not more he will have to give us notice.. what way will that work??

    also he says he will need to take a injunction against us to make sure he gets all his money?? does not make sense all to me should he not have to go through prtb or what type of court if any??


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    #143
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    info13 wrote: »
    yeah we pay weekly and a few payments which we have missed maybe also on top of that. what if we just have to move out can he come after us for the arrears?? not sure why he let it go on so long without seen it as alot the payments were genuine missed from us.
    Not sure why you didn't pay your rent as it became due.


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    #144
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    info13 wrote: »
    this has still not been fully settled we are paying extra every week what we can afford and sometimes more he says if not more he will have to give us notice.. what way will that work??

    also he says he will need to take a injunction against us to make sure he gets all his money?? does not make sense all to me should he not have to go through prtb or what type of court if any??

    What were you expecting a metal for not honouring your contract. You owe the money. It was you who decided not to pay. He entitled to set demands. But on the other side if you can provide proof you genuinely dont have the cash he should just go with what he can get.


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    #145
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    info13 wrote: »
    this has still not been fully settled we are paying extra every week what we can afford and sometimes more he says if not more he will have to give us notice.. what way will that work??

    He sounds like he needs to make up his mind and act; either he is happy to accept a payment plan to clear arrears or he isnt. As things stand, he is quite within his rights to issue notice of arrears and ultimately a termination notice, but he needs to just be decisive and do it rather than dancing around the issue.


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    #146
    info13
    Registered Users Posts: 172 ✭✭info13


    Mr Topper wrote: »
    Can you not take a bit of responsibility here ?

    I'm trying to sort something out with him and offer more one day it's fine next it's not I'm not trying to leave him with the bill


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    #147
    info13
    Registered Users Posts: 172 ✭✭info13


    I'll make a deal with him no problem and don't have a problem paying back the money as I do owe it, if I wanted to be smart id be long time gone from there already.

    As I said before the arrears built up over the years as we were paying by 12 month not by 52 weeks that's where the error came into it plus the amount is less than originally thought.


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    #148
    info13
    Registered Users Posts: 172 ✭✭info13


    Also looking for another part time job to get extra funds. We are still paying the original amount "by week" putting money aside until he makes up his mind...


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