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RTB case - issue with address for the respondent

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  • 28-11-2017 12:02pm
    #1
    deliege
    Registered Users Posts: 104 ✭✭


    Hello, we're currently trying to get our deposit money back from our ex-(accidental) landlord.
    He attempted at first to give some b.s. reasons for not giving it back (contradicting himself a couple of times in his text messages) but from the time we said we would bring it to the RTB, he's simply not answering anymore - not to us nor, apparently, to the RTB ombudsman.
    Following the RTB advise, we escalated the case from a mediation request to an adjudication one.
    But here's the issue: the landlord still plays dead on the phone. And we never had a different address for him than the one of the house we were renting (he was getting his professional mail in a box outside the house). Ex-neighbour think he has himself moved somewhere in an apartment (but that's an hearsay with no more details) and the house is now up for sale.
    Now the RTB says "the case is closed because they don't have a confirmed address for the respondent"... When I pointed that they have his PPS number (or should have it, from the time the property was registered), that the house is on Daft with an agent name and number etc, they answer that "there is only a limited searches they can legally do"...
    So two questions:
    1) Is there a way to legally get the official address of someone (who may be trying to avoid that)?
    2) Isn't this a very "convenient" loophole in the RTB system...? :/


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    #2
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    Ring the agent, arrange a viewing, at the viewing tell them you used to rent the house the owner hasn't refunded the deposit, you've taken it a far a possible with the RTB. Ask them to get in touch the owner to tell them you will have a solicitor apply for a lean on the property if you don't have the deposit back in one week. Give the EA a letter to pass on to the owner make sure there a bank details in it. Be nice to the EA it's not their fault.


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    #3
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    spaceHopper wrote: »
    Ring the agent, arrange a viewing, at the viewing tell them you used to rent the house the owner hasn't refunded the deposit, you've taken it a far a possible with the RTB. Ask them to get in touch the owner to tell them you will have a solicitor apply for a lean on the property if you don't have the deposit back in one week. Give the EA a letter to pass on to the owner make sure there a bank details in it. Be nice to the EA it's not their fault.

    Do you really think they will be able to get a lean on a property for a few hundred euro?


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    #4
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    Fol20 wrote: »
    Do you really think they will be able to get a lean on a property for a few hundred euro?

    Probably not but it's probably more like 1500 euro and it could be enough to make the owner think twice also if they start proceedings it would collapse any sale unless they settled it.


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    #5
    deliege
    Registered Users Posts: 104 ✭✭deliege


    spaceHopper wrote: »
    Probably not but it's probably more like 1500 euro and it could be enough to make the owner think twice also if they start proceedings it would collapse any sale unless they settled it.

    Thanks for all the advices so far ...
    Money-wise, it's actually a bit less than 1000€, but while "a few hundreds" is technically right, we'd be very glad to see them returned :|
    As for threatening to start proceedings (am crap at bluffing but might be worth a shot) - I thought we couldn't really start them until adjudication was complete??


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    #6
    deliege
    Registered Users Posts: 104 ✭✭deliege


    spaceHopper wrote: »
    Probably not but it's probably more like 1500 euro and it could be enough to make the owner think twice also if they start proceedings it would collapse any sale unless they settled it.

    I spoke with the agent, who was nice and as helpful as he could in the circumstance - turns out our dear ex-landlord is not the seller. The house has been repossessed by the mortgage lending institution, landlord out of that picture... :mad:


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    #7
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    deliege wrote: »
    I spoke with the agent, who was nice and as helpful as he could in the circumstance - turns out our dear ex-landlord is not the seller. The house has been repossessed by the mortgage lending institution, landlord out of that picture... :mad:

    OP sorry to be insensitive about the figures, i was just referring to the other poster telling you to put a lean on the property. If the landlord is out of the picture, he could be bankrupt. For the figures involved, and the likelyhood of you getting your money back and hassle, i would probably bite your lip and move on. It will just frustrate you even more. What the LL did was screwed up but the odds of you getting it back now is slim to none if he lost ownership of the place.


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    #8
    deliege
    Registered Users Posts: 104 ✭✭deliege


    Thanks guys. Am pretty p*ss off about the whole thing (hole in our finances at this time of the year is less than great...) but I think you're right, we have to move on.
    Renting in this country has, for us, been a quite ****ty experience.
    And am less than impressed by the RTB ('pointed them that the "no confirmed address for respondent" is a loophole in their system, have been answered "it's not a loophole, just our process"... i.e. a bad process but they're happy with it :( )

    Rant over. Thanks again anyway!


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