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PRTB determination order

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  • 20-09-2015 9:54pm
    #1
    Paula10
    Registered Users Posts: 14 ✭


    Hi All,
    Any advice appreciated. I have a PRTB determination order for vacation of property within 49 days which is up this week. However their is no sign that tenant will move so I may need to go to court to get eviction. Whats the procedure and how much might it cost? I am owed just over 1K, should I go to the small claims court for this?

    Anyone who has gone thru this process.....would really appreciate pointers.

    Thanks


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Paula10 wrote: »
    Hi All,
    Any advice appreciated. I have a PRTB determination order for vacation of property within 49 days which is up this week. However their is no sign that tenant will move so I may need to go to court to get eviction. Whats the procedure and how much might it cost? I am owed just over 1K, should I go to the small claims court for this?

    Anyone who has gone thru this process.....would really appreciate pointers.

    Thanks

    SCC does not apply, it is not a consumer issue and your tenant is not a business. You need to get legal advice but for now send a letter to the tenant reminding them that they have to vacate the property by the assigned date and that you will be taking possession of the property. If they remain in the property, you may have to go to court to get an eviction order.


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    #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Paula10 wrote: »
    Hi All,
    Any advice appreciated. I have a PRTB determination order for vacation of property within 49 days which is up this week. However their is no sign that tenant will move so I may need to go to court to get eviction. Whats the procedure and how much might it cost? I am owed just over 1K, should I go to the small claims court for this?

    Anyone who has gone thru this process.....would really appreciate pointers.

    Thanks

    There are 2 ways of doing it. It can be done one way for €750. Another way is slower and a lost more expensive. A friend of mine has gone the €750 route. She found a barrister who knows what to do and has a lot of success with PRTB cases.


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    #4
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    4ensic15 wrote: »
    There are 2 ways of doing it. It can be done one way for €750. Another way is slower and a lost more expensive. A friend of mine has gone the €750 route. She found a barrister who knows what to do and has a lot of success with PRTB cases.

    Can you be more specific? Your post is very vague and not helpful to the OP without further information.


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    #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    athtrasna wrote: »
    Can you be more specific? Your post is very vague and not helpful to the OP without further information.

    Apparently the Circuit Court enforcement is slow and expensive. The District Court is faster and cheaper but seemingly much less used.


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    #6
    Ctrl Alt Delete
    Banned (with Prison Access) Posts: 789 ✭✭✭Ctrl Alt Delete


    From the PRTB website. I would personally, call around to them in a very civil manner and politely inform them of the following. Especially the bolded part.
    PRTB.ie wrote:
    Where the terms of a Determination Order have not been complied with within the specified timeframe, a party can opt to enforce their own Determination Order through the Circuit Court under Section 124 of the Residential Tenancies Act, 2004. Alternatively, a party can apply to the PRTB to initiate enforcement proceedings against the other party. Such proceedings can involve Court proceedings against a non-compliant party, which could result in a criminal conviction being secured against them by the PRTB. All judgements are registered and thus are likely to affect the person’s credit rating, employment prospects and visas for foreign travel


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    #7
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Ctrl Alt Delete wrote: »
    From the PRTB website. I would personally, call around to them in a very civil manner and politely inform them of the following. Especially the bolded part.

    It appears that the O?p is inquiring about how to take the enforcement action. The PRTB is very slow about taking any enforcement action if it takes any at all.


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    #8
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    I think the OP should accept in ireland there are people who dont respect the law and do not care for judgments. They would be better off coming to an arrangement with the tenant even if it means paying them to leave. The law for landlords in ireland is very weak


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    #9
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    handlemaster wrote: »
    I think the OP should accept in ireland there are people who dont respect the law and do not care for judgments. They would be better off coming to an arrangement with the tenant even if it means paying them to leave. The law for landlords in Ireland is very weak

    The o/p should do nothing of the kind and certainly not without legal advice. paying tenants to leave is only going to encourage the tenant to do the same again in the next letting and also encourage others. A landlord with a determination order can do quite a lot if they want.


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    #10
    castle2012
    Registered Users Posts: 1,014 ✭✭✭castle2012


    4ensic15 wrote: »
    The o/p should do nothing of the kind and certainly not without legal advice. paying tenants to leave is only going to encourage the tenant to do the same again in the next letting and also encourage others. A landlord with a determination order can do quite a lot if they want.

    Unfortunately the laws are week in this country. And most tenants know this . I had to bribe my tenants earlier this year to get them out . I needed to sell the property


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    #11
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    castle2012 wrote: »
    Unfortunately the laws are week in this country. And most tenants know this . I had to bribe my tenants earlier this year to get them out . I needed to sell the property

    The laws are just not being used in most cases. A lot people don't have a clue
    about about the laws.


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    #12
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    4ensic15 wrote: »
    The laws are just not being used in most cases. A lot people don't have a clue
    about about the laws.

    If you have a tenant who doesnt gave a ***t you talking about thé law is just that talk. In thé mean time your getting no rent paying a solicitor ... not to mention stress and sleepless nights. .... And I Forgot the mortgage payments. In the end the landlord always pays one way or another


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    #13
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,385 CMod ✭✭✭✭Pawwed Rig


    4ensic15 wrote: »
    A landlord with a determination order can do quite a lot if they want.

    I've had a determination order for 4 years now and still have nothing to show for it. Hoping to get to court this year to finally address it.


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    #14
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    Pawwed Rig wrote: »
    I've had a determination order for 4 years now and still have nothing to show for it. Hoping to get to court this year to finally address it.

    Has rent not been paid in all that time ?


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    #15
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,385 CMod ✭✭✭✭Pawwed Rig


    They did leave on the termination date but owe me alot of money. Determination order seems useless where one party chooses to ignore the due process. I doubt strongly that I will ever see a penny but am too ignorant to let it go


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    #16
    Claw Hammer
    Registered Users Posts: 6,241 ✭✭✭Claw Hammer


    Pawwed Rig wrote: »
    They did leave on the termination date but owe me alot of money. Determination order seems useless where one party chooses to ignore the due process. I doubt strongly that I will ever see a penny but am too ignorant to let it go
    There is no need to wait four years. You can have the tenant in court in a few weeks if you know where they are.


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    #17
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,385 CMod ✭✭✭✭Pawwed Rig


    Claw Hammer wrote: »
    There is no need to wait four years. You can have the tenant in court in a few weeks if you know where they are.

    If I could have I would have. With a zero chance of actually getting any money out of it it would be a little foolish to start incurring costs of legal professionals. If you would like to suggest a free alternative I am all ears.


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    #18
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    Pawwed Rig wrote: »
    If I could have I would have. With a zero chance of actually getting any money out of it it would be a little foolish to start incurring costs of legal professionals. If you would like to suggest a free alternative I am all ears.

    This is so true the solicitors are leaches who will drain as much from you as they can. In alot of cases it costs more to get justice than the actual justice is worth.


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    #19
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Pawwed Rig wrote: »
    If I could have I would have. With a zero chance of actually getting any money out of it it would be a little foolish to start incurring costs of legal professionals. If you would like to suggest a free alternative I am all ears.

    Is €10 too much for you?
    http://www.irishlandlord.com/forum/showthread.php?t=2416


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    #20
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,385 CMod ✭✭✭✭Pawwed Rig


    4ensic15 wrote: »
    Is €10 too much for you?
    http://www.irishlandlord.com/forum/showthread.php?t=2416

    That link has zero details and is just a bunch of guys biting at each other. Details of what could be done and the likely outcomes would be beneficial. 1 line sound bites don't help.


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