RTB Cases, do they get enforced

Skyrimaddict

The_Conductor wrote: »

Informally- remember, even if he isn't paying his rent, legally he is still entitled to 'peaceful enjoyment' of the property. Asking a neighbour would probably be the way to go- rather than hassling him directly.

Informally would mean unreliable. I can hardly go to RTB and say i saw him there.

Has anyone experience of getting money back at the other side?

aluminium

KrakityJones wrote: »

From experience no RTB are pretty much pointless.

Had a clearcut case where landlord illegally withheld deposit, RTB ruled against him. Sent enforcement/demand letters etc. Landlord stuck the two fingers up and said nope not paying it and that was it. Could have bought him to court but the time/costs involved wasn't worthwhile.

If the tenant went to the RTB with / through Threshold aren't (?) Threshold more likely to seek enforcement through the Courts? (on the tenants behalf).

pilly

Skyrimaddict wrote: »

Informally would mean unreliable. I can hardly go to RTB and say i saw him there.

Has anyone experience of getting money back at the other side?

Surely if you find out he's gone then your problem is solved?

Skyrimaddict

pilly wrote: »

Surely if you find out he's gone then your problem is solved?

Still want the money at this stage, i was happy to let it go if he moved, but now think i might chase it.

pilly

Skyrimaddict wrote: »

Still want the money at this stage, i was happy to let it go if he moved, but now think i might chase it.

That's up to you but if he's gone I think you're wasting time and money.

gizmo81

The RTB will enforce in certain cases. Here are some outcomes from Circuit Court

https://www.rtb.ie/media-research/court-decisions/enforcement-of-orders/2016

There were 356 requests for enforcement in 2016 and 204 Circuit Court Orders granted.

https://www.rtb.ie/dispute-resolution/enforcement-of-orders/order-enforcement-statistics

aluminium

gizmo81 wrote: »

The RTB will enforce in certain cases. Here are some outcomes from Circuit Court

https://www.rtb.ie/media-research/court-decisions/enforcement-of-orders/2016

There were 356 requests for enforcement in 2016 and 204 Circuit Court Orders granted.

https://www.rtb.ie/dispute-resolution/enforcement-of-orders/order-enforcement-statistics

Thanks, thats helpful.

Do you have any insight as to why the RTB enforce some cases and not others?

I saw one of the cases above relating to a house in Knocklyon, rent arrears and overholding. €21,698. Assuming 1200 a month rent - thats a long time to get enforcement.

gizmo81

I don't really know how they chose to enforce, I had a cursory glance over some and it seems they are running into the thousands not the smaller amounts.

aluminium wrote: »

Thanks, thats helpful.

Do you have any insight as to why the RTB enforce some cases and not others?

I saw one of the cases above relating to a house in Knocklyon, rent arrears and overholding. €21,698. Assuming 1200 a month rent - thats a long time to get enforcement.

aluminium

gizmo81 wrote: »

I don't really know how they chose to enforce, I had a cursory glance over some and it seems they are running into the thousands not the smaller amounts.

I just had a look at a few cases on your links. I then followed googling some of the names involved.

To see the damage / overholding / arrears involved and then see that the Judge lets the tenants continue residing in the property is really bizarre.

Landlords are getting it from every angle.

Claw Hammer

mrslancaster wrote: »

what is the point of going through the rtb if they can't enforce the ruling? is it in some legislation that the rtb is the way to sort out a problem between tenants & LL

I remember something similar with the board that was set up to handle car accidents years ago, think it was called the PIAB. people were told they had to go through them & couldn't go straight to the courts but AFAIK that turned out to be incorrect & people were free to go straight to court through their solicitor.

is the rtb something similar to the piab?

maybe someone has knowledge of this

All disputes between landlords and tenants which are comprehended by the RTA must go through the RTB first. Same with PIAB. People cannot ignore PIAB and go straight to court.

Skyrimaddict

gizmo81 wrote: »

I don't really know how they chose to enforce, I had a cursory glance over some and it seems they are running into the thousands not the smaller amounts.

aluminium wrote: »

Thanks, thats helpful.

Do you have any insight as to why the RTB enforce some cases and not others?

I saw one of the cases above relating to a house in Knocklyon, rent arrears and overholding. €21,698. Assuming 1200 a month rent - thats a long time to get enforcement.

Some cases were for small amounts.

I wonder are those the cases the rtb found in favour of LL and then were persued.

Skyrimaddict

Has anyone here as an LL had any experiemce with this

ED E

Who were the two wagons involved in a case in like Dalkey/Killiney, believe one was American? Found against but still remained in the house for like 2.5yrs IIRC? Cant remember enough keywords for google to throw it up.

The_Conductor

ED E wrote: »

Who were the two wagons involved in a case in like Dalkey/Killiney, believe one was American? Found against but still remained in the house for like 2.5yrs IIRC? Cant remember enough keywords for google to throw it up.

Doing a google- also can't find it, though I remember it well.
The media was all over it.
Don't 'get' why its so hard to find........
Maybe they used their 'right to forget' option on Google- if so, it damn well works........

Graham

December 9th the landlord was granted possession of the house (Twin Trees) with a stay until January 6th. On January 20th they were still in occupation and were appealing the court decision.

I won't name the individuals here but it looks like there's a few articles that still refer.

aluminium

Skyrimaddict wrote: »

Has anyone here as an LL had any experiemce with this

I have been before the old PRTB several times.

The most common case involved tenants viewing, paying deposit, presenting references, signing leases, moving in, transferring utilities, paying rent in advance and then CHANGING THEIR MINDS!!!!!!!!! and wanted there deposits back. Usually they were moving because they fell out with someone they were sharing with. (I had 9 studios at the time)

Me having turned down other tenants, removing advert off DAFT, registering with PRTB etc etc. Loss of rent etc.

The ugliest cases were where Threshold got involved. One individual in particular acted like she had a point to prove. She had experience, could turn anything you said into a crime.

I always kept records of phone calls, texts and emails. Leases were always sent by email.



I was always amazed how the PRTB always let the cases go ahead. I always "won". In that I was permitted to retain the deposit.

jamesthepeach

The_Conductor wrote: »

Doing a google- also can't find it, though I remember it well.
The media was all over it.
Don't 'get' why its so hard to find........
Maybe they used their 'right to forget' option on Google- if so, it damn well works........

Wonder are they paying their rent now?
I doubt they got a reference anyway.

http://www.herald.ie/news/were-not-privileged-weve-nowhere-to-go-mum-and-daughter-living-rent-free-35280146.html

https://twitter.com/TheJanusProject/status/601098235818713089

Some info here too

http://www.thepropertypin.com/viewtopic.php?f=10&t=64044&sid=f7fe03a01896225542b532c196e1c7e6

Claw Hammer

http://www.herald.ie/news/mum-and-daughter-who-owe-11k-rent-still-in-dalkey-home-35381512.html


Nothing obscure about it.

ED E

The Herald wouldnt be my first choice of evidential publication but that case epitomises the Irish rental framework.

beauf

Won, in that never had to pay a fine, or return deposit. But not won in that any money lost was never recovered.

beauf

ED E wrote: »

The Herald wouldnt be my first choice of evidential publication but that case epitomises the Irish rental framework.

True.

Also epitomises the housing crisis. The tenants feel they have no where to go. The LL takes up the slack, and pays for it.