Rent Missing for Landlord account

FishOnABike

cerastes wrote: »

No obligation on the landlord to have any dealings with anyone else?

I would think this is to more to just have a witness / someone else present when the landlord is doing the inspection to discourage any potential for any questionable action by the landlord.

The landlord would not be dealing with anyone else regarding the rent but there is nothing to prevent the OP having a visitor present when the inspection takes place.

NATLOR

If the landlord is coming to do an inspection then there is your opportunity to show him face to face the paperwork you have verifying all disputed payments were correctly made and see what he has to say to that

percy212

First of all you will NOT be evicted, at least not for a good year or so, regardless of what has happened because you have paid your rent in good faith.

Open your case with PRTB for harassment, and illegal eviction. You do not have to be registered with PRTB in order to open a case. Send details of your problem along with photocopies of any documents to PRTB by registered post. Include the LL's name, address, and phone number.

No more talking to the LL on the phone. Get everything in writing from him or at least text messages that you can keep. You need to show how bananas this guy is..

You paid the rent. Your bank statements and the bank back this up. You have given him all this information. Let him sort out his own mess, and let him deal with the PRTB. In the meantime, just pay your rent and stop worrying. If he shows up at a time you have not agreed to, do not let him in. If he behaves in a threatening fashion make a complaint with the Gardai.

Call Threshold too, and try The Hub Dublin who can be contacted via Facebook.

cerastes

FishOnABike wrote: »

I would think this is to more to just have a witness / someone else present when the landlord is doing the inspection to discourage any potential for any questionable action by the landlord.

The landlord would not be dealing with anyone else regarding the rent but there is nothing to prevent the OP having a visitor present when the inspection takes place.

By that logic the landlord could have a witness present too, how would a tenant feel about that? my opinion is it would be good for both of them to have witnesses, but when it gets to that stage, things arent good.
I find it hard to believe the landlord would try press this if they have already received the money, so something must have gone wrong somewhere, and as the tenant seemed to be fairly not clued into whats form of transfer has been done that it seemed to lead to confusion in the thread, then they have to take account that something has gone wrong on their end, its simply not good enough to say I disposed of the money out of my account, the landlord and tenant need to sit down and look at the paperwork, if one party's paperwork says its been delivered and the landlords says it hasnt then it has to be followed up as to where the money went, I can see it from the landlords position that the tenant may think the money was sent and it bounced back or there was no money to take or from the tenants that it was sent and it either was sent somewhere and out of their account or to the landlord and they cannot locate it for one reason or another, but the part that throws a discrepancy is that the landlord says some money arrived but then it stopped and that the tenant says they were manually submitting it, even in recorded form, it should have been going in automatically.

percy212 wrote: »

First of all you will NOT be evicted, at least not for a good year or so, regardless of what has happened because you have paid your rent in good faith.

Open your case with PRTB for harassment, and illegal eviction. You do not have to be registered with PRTB in order to open a case. Send details of your problem along with photocopies of any documents to PRTB by registered post. Include the LL's name, address, and phone number.

No more talking to the LL on the phone. Get everything in writing from him or at least text messages that you can keep. You need to show how bananas this guy is..

You paid the rent. Your bank statements and the bank back this up. You have given him all this information. Let him sort out his own mess, and let him deal with the PRTB. In the meantime, just pay your rent and stop worrying. If he shows up at a time you have not agreed to, do not let him in. If he behaves in a threatening fashion make a complaint with the Gardai.

Call Threshold too, and try The Hub Dublin who can be contacted via Facebook.

The tenant has an onus to pay, one of the few things you can be evicted for is not paying, If it is confirmed that the tenant hasnt paid then they may lose out too.
both partys need to sit down and sort it out, both seem to have screwed up along the way.

Metroboulot

If the electronic systems show the money was deposited, it was deposited. There's no ambiguity.

flatty

If the OP is telling the truth, the LL sounds, well, unreasonable, to put it charitably, and unhinged to put it bluntly.
I wouldn't want to be in the same room/house as him alone, especially if I were a lady. I would certainly ask a friend to be present.
The sudden coincidental notice for inspection would make me far more suspicious of the LL than the tenant.
It is highly possible that the LL reckons he can get more rent if he removes the OP, and is badly advised about the whole scenario.

runawaybishop

cerastes wrote: »

By that logic the landlord could have a witness present too, how would a tenant feel about that? my opinion is it would be good for both of them to have witnesses, but when it gets to that stage, things arent good.

Its the tenants home, if they choose to have 10 guests over that is none of the landlords business. On the other hand, the tenant is not obligated to allow landlords randomers into their home.

El_Duderino 09

runawaybishop wrote:

Its the tenants home, if they choose to have 10 guests over that is none of the landlords business. On the other hand, the tenant is not obligated to allow landlords randomers into their home.

Surely this is the case. If the landlord wants to have a witness for a meeting, it would need to be at a neutral venue. The landlord can take pictures as evidence though. That sort or thing should be discussed in advance so there is no shock at the time.

Communication sounds terrible throughout so I suspect there will be a shock at the inspection. Landlord sounds like a bumbling fool at best, trying to pull a fast one at worst.

Metroboulot

The other issue is where the several thousand Euro went. This is not an insignificant amount of money.

If they were transferred to the correct account and the person is refusing to aknowledge them, I think I would also go to the local Garda station if there's no satisfactory outcome very soon.

It's actually somewhat beyond a civil matter as if we know the funds were received, where have they gone and why haven't they been returned if they were unacceptable for rent?!

You can't just accept several thousand Euro and pretend you never received it, refuse to supply a service and cause all sorts of chaos.

I think OP I wouldnt be as patient. He'd have been dealing with my solicitor by now.

ConfusedNow13

So it seems tenantcy is not registered. Which is upsetting as I do have a letter from the PTRB but it is from 2014. Does it need to be renewed every year? Anyway I have all the required documents and form so first thing Monday to the post for registered mail with a certificate of mailing. As I want to phone them to make sure I have it all straight. I've emailed LL with 3 times next week for inspection.

I apologize I confused people in the begging re how funds where transferred. It was eft with set payee. Not a standing order. My concern is that LL left this for over 6 months then in less then a week escalated so quickly. I also find the inspection time very suspicious. I've been here over 18 months and never heard from LL except other inspection. Which was fine. I've never gotten receipts which I ask for and have a few minor things that need to be fixed sense move in. But as they are very minor and LL seemed distant didn't want to be bothered. I have provided verified bank statement with the dates and amounts of payment and the LL account detail. I have nor can I get anything more. If the money is honestly missing I will work with LL to recover it but it's not missing from my end. And I as of now have no proof from the LL that they don't have it. So I feel I have no choice in this matter but to escalate it to PTRB as an unbiased review of bank statements should settle this. Does anyone know how long PTRB takes?

gordongekko

ConfusedNow13 wrote: »

Does anyone know how long PTRB takes?

Years

gordongekko

Take the inspection with the landlord as a chance to discuss the situation with the landlord. Remains calm at all times. It's likely the ll will be high and unreasonable. Explain the situation and try to resolve it there and then.

It will be clear after the meeting where you stand with the ll. You'll have other options after that as it's more than likely the ll is not following proper procedure.

Mrs OBumble

davo10 wrote: »

Surely at this stage he would have double checked, triple checked, quadruple checked that it didn't reach his account. Even the densest LL knows what is coming next if you evict a paying tenant for no reason?

From the LL's perspective, though, he may believe that the tenant is not paying and will continue not to pay.

A legal eviction takes months, perhaps even years, during which the LL is likely receiving no rent.

An illegal one is followed by some maintenance and repainting and then re-tenanting and the rent starting to flow again - and then maybe a year or two later a judgement by the PRTB and a fine to pay. It's possible that the amount of this fine will be less than the amount of rent received in the meantime, so the LL is still better off. And if the LL believes that the tenant isn't paying, then they will also expect that the changes of a PRTB case being taken are quite small. So the LL's behaviour would make sense if they are genuinely believing that the tenant isn't paying.


All that said, I doubt that's what's happening in this case. I think it's far more likely that it's either clerical error (apportioning the rent received to the wrong house), or the LL has some external pressure (tax, marital split, lost job, whatever) which is causing them to be irrational.

runawaybishop

ConfusedNow13 wrote: »

So it seems tenantcy is not registered. Which is upsetting as I do have a letter from the PTRB but it is from 2014. Does it need to be renewed every year?

That's the landlords problem, not yours. Your rights are not affected in the slightest but he will get in trouble for not registering.

HeidiHeidi

runawaybishop wrote: »

That's the landlords problem, not yours. Your rights are not affected in the slightest but he will get in trouble for not registering.

If a tenancy continues it only needs to be renewed with the PRTB every four years.

runawaybishop

HeidiHeidi wrote: »

If a tenancy continues it only needs to be renewed with the PRTB every four years.

Just going by what the op said.

ConfusedNow13

Was able to lodge online complaint with PRTB even with out number so thats done. Does anyone know the process that this takes?
I opted for mediation as that seems the most logical?

JaMarcusHustle

I think it's quite telling that the landlord's biggest concern is getting you out of the house/apartment, rather than recouping the supposed missing €6500.

OP - has he made any contact with you or threats regarding the €6500? Has he threatened you with legal action etc. in an attempt to get his money?

It's a large amount of money, and if he's not making any real attempt to get you to pay it - that to me suggest that this may be just an excuse to get you out of the apartment. It seems to have come up out of the blue, and escalated in an extraordinarily short amount of time. Funny that!

Question for you - how long have you been in the property? When was your last rent review, or when did you last sign a lease? I'm thinking the landlord might know he can get more for the apartment/house if it were on the open market, but knows he can't raise your rent if you recently signed a new lease or if a rent review was carried out.

ConfusedNow13

18 months no rent review and agreement to part 4 tenency.
No other threat or legal action taken as I don't believe there is any action that can be taken as he refused to entertain it maybe a banking error. Also it's a rediculous amount of time to wait to address this. Also these are rent payments from over 3 months ago and LL admits to getting October September and August rent which is insane. I get books being off or a month behind but essentially 3-4 months off and your currently receiving rent and won't entertain a discussion ? Well I have provide all I can and am obliged to, I've opened a dispute and let the PRTB sort it I was happy to work with LL but this instant eviction is a bad faith move and one I'm not obliged to coddle. I looked into other legal avenues and was advised as its rent money this is the course of action not the court are gardi it has to be the PRTB if anyone knows different please advise. Also will be looking into a mortgage and buying my own home this is nonsense to have to deal with.

ConfusedNow13

So I went to leAve to work and LL was across the street. Didn't respond to wave. What is that ?

TheChizler

ConfusedNow13 wrote: »

So I went to leAve to work and LL was across the street. Didn't respond to wave. What is that ?

Across the street from your home? Do you think it could have been a coincidence or he was looking to get in?

cerastes

to be fair, the landlord isnt here to defend themselves, the tenant has a responsibility to ensure rent is paid, but the landlord needs to follow that up asap and stay on top of any problems, both party's are at fault here, but both sides seem intent on their rights

cerastes

cerastes wrote: »

to be fair, the landlord isnt here to defend themselves, the tenant has a responsibility to ensure rent is paid, but the landlord needs to follow that up asap and stay on top of any problems, both party's are at fault here, but both sides seem intent on their rights

If the op's story is accurate then there is no fault whatsoever on their side.

ConfusedNow13

TheChizler wrote: »

Across the street from your home? Do you think it could have been a coincidence or he was looking to get in?

Honestly don't know, I just found it odd.

Dial Hard

cerastes wrote:

both party's are at fault here, but both sides seem intent on their rights

How exactly is the OP at fault here?

anothernight

cerastes wrote: »

to be fair, the landlord isnt here to defend themselves, the tenant has a responsibility to ensure rent is paid, but the landlord needs to follow that up asap and stay on top of any problems, both party's are at fault here, but both sides seem intent on their rights

Have you read this thread? Unless the OP is lying, he's not at fault.

lukesmom

Having read the whole thread I have come up with what I deem to be the most logical and likely explanation.

The landlord is lying

The landlord is not being honest

Or

The landlord isn't telling the truth

ConfusedNow13

lukesmom wrote: »

Having read the whole thread I have come up with what I deem to be the most logical and likely explanation.

The landlord is lying

The landlord is not being honest

Or

The landlord isn't telling the truth

I truly hope that's not the case and its a misunderstanding

NATLOR

Am really struggling to understand this.OP claims to have full and verified documentation showing all disputed rent payments were indeed made.So why on earth would the the LL try to use use this as leverage to get an eviction he is just going to look like an idiot when the OP produces the transfer evidence.

There is no mistake or misunderstanding,5 or 6 months worth of rent just doesnt disappear or get transferred to a wrong account, maybe as a one off but not on multiple occasions.This should have been sorted out in five minutes.I will await the outcome with great interest

Metroboulot

Simple answer is that only the landlord can explain why!

I'm totally baffled.