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RTB sent letter to my new house for a case relating to my old house

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  • 19-10-2017 5:28pm
    #1
    Registered Users Posts: 7


    I dont know what to do with this one, I got a letter sent from the RTB to my new house which i moved into in June saying I had a hearing in July at my oold house.

    I moved out in June but my landlord and I have not had a great relationship since this time last year which only got worse over the time. He hasked me to move out by end of may and i moved in June but no one ever contacted me to see if I had moved or nothing.

    I work out of the country for 2-3 weeks at a time and I came home to find the rtb letter dated at the end of september in my new house to say i lost my case but my time to appeal had gone since by about a week.
    I dont know what to do, I rang threshold who said just let them take me to court and fight it there as i can show i moved to a new house.
    I read lots of post here that Threshold are not worth it, so I dont know what to do


Comments

  • Registered Users Posts: 7,865 ✭✭✭Grumpypants


    What was the RTB case about?


  • Registered Users Posts: 7 DREDDLOCKED


    What was the RTB case about?

    Rent arrears and overhold.

    Rent arrears yes as estate agent told me on phone he would not give deposit back or first months rent. Over holding becuase when i left I didnt tell them, they sent a letter to say be out by a certain day and I left a week later but the rtb case said i was still in the house 6 weeks later.


  • Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    He hasked me to move out by end of may and i moved in June but no one ever contacted me to see if I had moved or nothing.

    Over holding becuase when i left I didnt tell them, they sent a letter to say be out by a certain day and I left a week later but the rtb case said i was still in the house 6 weeks later.

    You didn't agree to a move out day and they did not know when you actually moved out. And it sounds like the landlord is willing to pursue this regardless of cost.

    I'd start with contacting the RTB and explaining that you were out of the country and never received notice of the first date.


  • Registered Users Posts: 7 DREDDLOCKED


    You didn't agree to a move out day and they did not know when you actually moved out. And it sounds like the landlord is willing to pursue this regardless of cost.

    I'd start with contacting the RTB and explaining that you were out of the country and never received notice of the first date.

    Do they accept this, I ring threshold earlier and they said they are not very lenient with the time of 10 days. Their advice was to open a counter dispute in regards to the LL not given me deposit, not making contact, not looking to mitigate his loses etc.


  • Closed Accounts Posts: 697 ✭✭✭wordofwarning


    Do they accept this, I ring threshold earlier and they said they are not very lenient with the time of 10 days. Their advice was to open a counter dispute in regards to the LL not given me deposit, not making contact, not looking to mitigate his loses etc.

    Threshold are known for giving wrong evidence. IMO it seems very bizarre, that you moved out and didn't look for your deposit for months.


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  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Do they accept this, I ring threshold earlier and they said they are not very lenient with the time of 10 days. Their advice was to open a counter dispute in regards to the LL not given me deposit, not making contact, not looking to mitigate his loses etc.

    Just be careful about advice from Threshold. They offer advice - no better and no worse than advice you get on here, and holds the same water. Take it with a pinch of salt and make your own mind up.


  • Closed Accounts Posts: 1,424 ✭✭✭garhjw


    OP as others have said do not take advice from threshold. I suggest you contact the RTB to explaim your position. I presume you can provide them with evidence that you were put of the country when the letter arrived about the hearing and were not back in the country until after the appeal deadline?


  • Registered Users Posts: 7 DREDDLOCKED


    Threshold are known for giving wrong evidence. IMO it seems very bizarre, that you moved out and didn't look for your deposit for months.

    I didnt look for it as I was told by the estate agents that I wouldnt get it back.
    There was a lot of bad blood between me and the landlord before I left, things not getting fixed, money not given back for things i fixed.
    I was told be out by the end of may and i left a week later but non one made contact with me

    Yes I have proof of flights and all that from being away, I can send them up if i need to can I?


  • Registered Users Posts: 7 DREDDLOCKED


    Paulw wrote: »
    Just be careful about advice from Threshold. They offer advice - no better and no worse than advice you get on here, and holds the same water. Take it with a pinch of salt and make your own mind up.

    Thanks, They dont seem to be great help to be fair. The suggested taking out another dispute with the landlord but I dont know if I can do that once i moved out?


  • Registered Users Posts: 813 ✭✭✭Skyrimaddict


    I didnt look for it as I was told by the estate agents that I wouldnt get it back.
    There was a lot of bad blood between me and the landlord before I left, things not getting fixed, money not given back for things i fixed.
    I was told be out by the end of may and i left a week later but non one made contact with me

    Yes I have proof of flights and all that from being away, I can send them up if i need to can I?

    Your estate agent or landlord should give back the deposit if they knew where you were..in my case there was no contact with tenant at start of year.
    But if you owe rent that should go towards this.


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  • Banned (with Prison Access) Posts: 28 OhChicken


    I'd try to explain to the RTB. A ruling against you might affect ur future credit rating if applying for a load or especially mortgage.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    OhChicken wrote: »
    I. A ruling against you might affect ur future credit rating if applying for a load or especially mortgage.

    Dear God.


  • Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    OhChicken wrote: »
    I'd try to explain to the RTB. A ruling against you might affect ur future credit rating if applying for a load or especially mortgage.

    An RTB ruling wouldn't. A court judgement would.


  • Registered Users Posts: 471 ✭✭utmbuilder


    if you ignore the letter, the chances of them having a determination order enforced against you in a court of law is extremely low, if the landlord shows up and you dont, and he even gets a determination order from the RTB it cant be enforced unless he pays and goes to the circuit court, in which case you would have to be in the country to be served, also its very expensive for the landlord,

    the notice you got off the RTB has as much legal weight as a late library fine

    I am not advising legal advice, I am not telling you to do anything ilegal I am simply stating the repercussions of ignoring the letter.

    Using your PPS number on your new rental, is how the RTB found you. They dont have the pps database to check valid numbers but can match PPS numbers given.


  • Registered Users Posts: 6,003 ✭✭✭handlemaster


    Proof again that rtb rulings are only ment to be complied with when in favour of the tenant. OP you messed up dont try and make the landlord out to be bad. You didnt follow the law. LL has taken a case and won. Be honest Pay what you owe learn from it and move on.


  • Closed Accounts Posts: 312 ✭✭Boater123


    utmbuilder wrote: »
    if you ignore the letter, the chances of them having a determination order enforced against you in a court of law is extremely low, if the landlord shows up and you dont, and he even gets a determination order from the RTB it cant be enforced unless he pays and goes to the circuit court, in which case you would have to be in the country to be served, also its very expensive for the landlord,

    Eversheds, working for the RTB, brought the enforcement order to the CC in my case. (Judgement against the tenant)

    Didn't cost me a penny.


  • Registered Users Posts: 471 ✭✭utmbuilder


    Boater123 wrote: »
    Eversheds, working for the RTB, brought the enforcement order to the CC in my case. (Judgement against the tenant)

    Didn't cost me a penny.

    Oh thats great, how much has the tenant paid ?


  • Closed Accounts Posts: 312 ✭✭Boater123


    utmbuilder wrote: »
    Oh thats great, how much has the tenant paid ?


    What has that got to do with your assertion that the LL will have to pay to go to the CC to have an RTB judgement enforced?

    What the "tenant paid" in that case hasn't anything to do with the fact that you were wrong.

    Deflection is a poor argument. You are wrong.


  • Registered Users Posts: 6,003 ✭✭✭handlemaster


    I notice the rtb have a 15 day reply rule to enquiries. Imagine a private company saying we will reply to your ensuite within 15 days. Thats three weeks ... for an email crazy


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