House landlord is selling magically appears for rent at a higher price

andy125

learn_more wrote: »

If I were you I would go to the new occupants of the house you used to rent and tell them what happened.

Wasn't the house repossessed by the banks?

When i do eventually move out into my own house i fear i will have the same problem regarding getting my deposit back and we have the house in pristine condition but if some people think they don't have to give back money that is not rightfully theirs without any consequences then many others will also have this fear i imagine

There has to be a better system regarding dealing with deposits like a 3rd party such as the RTB holding deposits for both parties

davindub

Op, don't let this stop you. I don't think the PRTB person you asked was correct about the high court, and I'm sure they meant to refer to a process where the judgement is registered with the high court rather than a high court case. You should be able to apply to the circuit court for an enforcement order instead.

Now the courts don't chase judgements for you and as far as I remember RTB determinations are not enforceable in their own right, but the circuit court can make an order for their enforcement including using the sheriff to collect.

Before attempting legal action, send a letter demanding payment within 7 days as the date for compliance has now passed and you will be seeking interest on the judgement debt and the LL will borne further legal costs defending and your legal costs if successful. Sometimes once a defendant realises you will proceed further, they will pay up.

Then if still not paid, review with a solicitor, the circuit court has procedures which must be followed and you need to claim something rather than asking the Judge to decide a punishment, so probably not a good idea to do it yourself. But you will more than likely get legal fees awarded against the LL.

KrakityJones

andy125 wrote: »

Wasn't the house repossessed by the banks?

There has to be a better system regarding dealing with deposits like a 3rd party such as the RTB holding deposits for both parties

There is some hope for this - the guy from RTB that adjudicated the day we met with them/landlord mentioned that they are going to be bringing in this system soon. RTB would hold the deposit, when tenants vacate the landlord has to submit a claim as to why tenant shouldn't get the deposit, otherwise tenant gets the deposit back within x number of days. Sounds sensible and fair so I do hope this does get implemented. Too late for us but gives some hope for the future.

Re previous posts - banks ended up with the house so no new tenants in the end. This is also why it's probably pointless hounding him for the money - if he's had the house seized chances are he's broke or in trouble, so probably a waste of time pursuing.

Re the 2K figure for high court I've no idea what it would cost just figure it wouldn't be cheap. Represent myself? I wouldn't know where to start, and for the sum of money involved (around 800 quid) it's not worth that hassle.

I'll chase up with the RTB but I think while they do initiate proceedings on your behalf you still have to do the work and this is going on since last February...

Paz-CCFC

KrakityJones wrote: »

Re the 2K figure for high court I've no idea what it would cost just figure it wouldn't be cheap. Represent myself? I wouldn't know where to start, and for the sum of money involved (around 800 quid) it's not worth that hassle.

I'll chase up with the RTB but I think while they do initiate proceedings on your behalf you still have to do the work and this is going on since last February...

As the person above said, it'd be the Circuit Court rather than the High Court.

The RTB have a good guide setting out the steps you need to take to bring a case. They have the type of forms that you need to complete/issue, with prompts on what info to put in and where to put as well as what to do to get the case heard, what evidence you need to get from the RTB etc. Including stamp duty and swearing fees on documents given on that form, as well as registered post costs, it looks like you'd be able to do it for about €200 according to that link (although, bear in mind, you'll also have to take time off work to attend the hearing, possibly have a bit of distance to drive to the court etc., so factor that in too). And you can apply for costs to be awarded to you, so you can get it back if you win.

It might seem like a daunting task to stand up in court and speak up for yourself, but bear in mind, this probably isn't going to be a drawn out case like a large litigation suit. The facts re the eviction/tenancy aren't really at issue here. They've been proven at the RTB hearing and, from what you've said, the landlord hasn't challenged their decision. You're only proving that there has been a determination in your favour and that the landlord hasn't complied with the order. If you have it in black and white, there's not a lot he can do to prove otherwise.

You expressed your frustration in your last post about your landlord's continued disregard for the law (which is of course shocking). Well, here's what you can do about it. Only you can decide if it's worth going ahead with.

4ensic15

Paz-CCFC wrote: »

As the person above said, it'd be the Circuit Court rather than the High Court.

.

Enforcement is in the District Court rather than the Circuit Court, since last December. The trouble is that the district Court rules do not have updated forms for this but it can be done.

Mrs cockett

Paz-CCFC wrote: »

As the person above said, it'd be the Circuit Court rather than the High Court.

The RTB have a good guide setting out the steps you need to take to bring a case. They have the type of forms that you need to complete/issue, with prompts on what info to put in and where to put as well as what to do to get the case heard, what evidence you need to get from the RTB etc. Including stamp duty and swearing fees on documents given on that form, as well as registered post costs, it looks like you'd be able to do it for about €200 according to that link (although, bear in mind, you'll also have to take time off work to attend the hearing, possibly have a bit of distance to drive to the court etc., so factor that in too). And you can apply for costs to be awarded to you, so you can get it back if you win.

It might seem like a daunting task to stand up in court and speak up for yourself, but bear in mind, this probably isn't going to be a drawn out case like a large litigation suit. The facts re the eviction/tenancy aren't really at issue here. They've been proven at the RTB hearing and, from what you've said, the landlord hasn't challenged their decision. You're only proving that there has been a determination in your favour and that the landlord hasn't complied with the order. If you have it in black and white, there's not a lot he can do to prove otherwise.

You expressed your frustration in your last post about your landlord's continued disregard for the law (which is of course shocking). Well, here's what you can do about it. Only you can decide if it's worth going ahead with.

But you could go through all this procedure and still not get anything. The landlord may have nothing in his name to take.

Paz-CCFC

4ensic15 wrote: »

Enforcement is in the District Court rather than the Circuit Court, since last December. The trouble is that the district Court rules do not have updated forms for this but it can be done.

It seems like the section which will switch enforcement to the District Court hasn't been commenced yet.

Mrs cockett wrote: »

But you could go through all this procedure and still not get anything. The landlord may have nothing in his name to take.

Yep, like I said, it's up to the OP to decide if it's worth it.

Cuddlesworth

Mrs cockett wrote: »

But you could go through all this procedure and still not get anything. The landlord may have nothing in his name to take.

Unlikely, the sheriff will go into your house and take your furniture, electronics etc. They will recover your money. Most people who are familiar with the system will wait till close to the court date and then pay. A few people don't care and a few people are not aware of the sheriffs debt recover powers.

But most people don't bother with going down the chain. In honesty, the government should enshrine the RTB judgement into a enforceable order. It would shape up both sides of the fence pretty sharp.

handlemaster

The PRTB works for the tenant not the landlord which has been proven in lots of cases. Im sure they would work very well for the op.