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Adjudication hearing RTB - Part 4

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  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    GGTrek wrote: »
    A lot of info was missing in your initial posts.

    Better to ask for clarification rather than make assumptions and potentially send someone down the wrong path.

    OP hold on to those emails (print and back up) as advised and write down the timeline so you can refer to anything you need instantly. I'd also print out your bank statements. Sounds very encouraging, best of luck and I hope you're happy with the outcome.


  • Registered Users Posts: 12 Deemcgb


    GGTrek wrote: »
    A lot of info was missing in your initial posts. Your exchanges of email go back to more than one year and she actually received money directly from you. I believe you have a good case for unlawful eviction. Which means the return of all the money paid + a substantial additional compensation. Send all possible written communication and proof of payment to the RTB case officer at least 5 working days before the hearing otherwise you risk having your evidence rejected, prepare a detailed list of events in chronological order in your written submission referring to the evidence and then present it again at the hearing and be ready to answer the questions from the adjudicator. Witnesses should corroborate the written evidence, prepare them throug Q&A beforehand, if they say something that goes against the written evidence this will be very detrimental for your case. Best of luck


    Thanks very much. I suppose I did leave out a lot of information - the more questions people asked the more I went digging through emails and actually re read the lease. So everyone in this thread helped me out a lot.

    Hopefully all goes well but we'll see what happens. I'd be happy enough if she just knows that she can't do that to people and future tenants.


  • Registered Users Posts: 12 Deemcgb


    TheChizler wrote: »
    Better to ask for clarification rather than make assumptions and potentially send someone down the wrong path.

    OP hold on to those emails (print and back up) and write down the timeline so you can refer to anything you need instantly. I'd also print out your bank statements. Sounds very encouraging, best of luck and I hope you're happy with the outcome.

    Thanks so much - I did keep back a lot of information but you all helped me.

    I'll definitely do up a timeline. Thanks for all the help. I'll let you know the outcome as it comes out!


  • Registered Users Posts: 12 Deemcgb


    Determination back - adjudicator found that it was a part 4 tenancy and I was illegally evicted (rather than given invalid notice).

    On the day that landlord showed up and still tried to say I was a sub tenant and I had no right to be in the apartment. Her argument was that she never received rent from me and I had not signed a lease.

    Even after I provided the landlord (she didn't have copies of her own) and the adjudicator the correspondence where she assigns me the tenancy, she still tried to say I was a sub tenant and she didn't know who I was.

    It became so painfully awkward the adjudicator had to interrupt. After this the LL said the adjudicator was wrong and she believed the law was wrong. I couldn't believe what I was listening to and such a massive waste of my time.

    Anyway, I expect the LL will appeal but I hope she sees sense and gives up the renting gig because people like this should not be renting properties.


  • Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Excellent news!


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  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    I'm thrilled to hear your news.
    I hope you've managed to find somewhere in the intervening period of time- couch surfing etc- is not sustainable for a protracted period of time.

    Well done- I hope the adjudicator makes a reasonable finding in your favour, in light of the circumstances of the illegal eviction.


  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    Delighted this has worked out in your favour. Hopefully this will be the kick she needs to act as a responsible landlord, though it does sound unlikely that she'll learn from this. Well done for keeping at it.


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