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Tenant Destroys House, Landlord Gets Punished by RTB- Help!

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    #32
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Atari Jaguar wrote: »
    Also it's illegal to refuse RA tenants, just FYI.

    True, it is not illegal to find out the RA limit for an area and to make sure you price your property above that if you know what I mean...

    Im sure most RA tenants are amazing. I know several landlords who had RA tenants and their positives experiences are extremely limited. One had to get a Garda escort to collect his rent each month. Another had a RA tenant whose boyfriend was robbing from the other flats in his pre-63 building. He illegal evicted the tenant and heavily fined by the RTB for it.

    If people want the state to provide a welfare programme, the state should provide the welfare programme.


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    #33
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    OP I would onto a solictor and ask what power the RTB have to make a non-resident landlord pay up. I dont know, but having looked at their website they seem to assume you will pay up. Their method of enforcement appears to be a threat of the Stubbs Gazette notice aka your name in a paper

    http://www.rtb.ie/dispute-resolution/enforcement-of-orders/faqs

    You could appeal it. But if the only enforcement is your name in the Stubbs Gazette. You might be able to tell the RTB to sit and spin.

    I would speak to a competent solicitor who can advise if you should appeal and if the RTB can actually make you pay


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    #34
    antoinolachtnai
    Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    To be fair the RTB adjudicator, he or she could only go by what they were presented with on the day and it does sound like one side was considerably better prepared than the other. It is a bit easy to say the RTB adjudicators are biased when they are by and large doing their job as best they can.


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    #35
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    realestatey wrote: »
    Section 124 of the 2004 act allows the RTB to enforce its decisions through the courts.
    You saying the RTB having power, when they go through the court, is like saying that I can fly, in an airplane.

    Without the plane, I can't fly.


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    #36
    Clampdown
    Closed Accounts Posts: 423 ✭✭Clampdown


    the_syco wrote: »
    AFAIK, the RTB has no legal powers?



    The RTB took the word of a heavily biased witness. So how exactly was it a 100% illegal eviction.

    OP, getting your mum was a bad choice. Appeal, and get a solicitor to represent you.

    As I said, they didn't take her word. The way it works is the landlord must prove their relative moved in, or that the house was put up for sale. The burden of proof is on them because they are using the provision (aka the loophole) to remove the tenant. No proof = illegal eviction. Even if you don't rent it out again and just leave it empty, the tenant was removed under false pretences.

    Yes the RTB don't have legal powers, but it's an offense to not comply with a determination order that they hand down.


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