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Landlord / Tenant Dispute PTRB - Got to court or not ?

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  • 28-07-2018 5:49pm
    #1
    barryshock
    Registered Users Posts: 34 ✭


    Hi


    I am invlovedin in PRT dispute with landlord. Illegal Evication, Witholding Deposit (€550), Breach of Obligations and charging more than market rate.



    He has offered €3000 to settle out of court. I think it's a pretty clear cut which will be favoured in my side. landord threaten me by saying his solicitor reckons I won't get much more than that , and If I am awarded it could take some years to actually get the cash via court system.



    What you reckons ,take the quick pay off or got to courts on hope of a bigger pay off. Anybody been through a similar experience ?


    Cheers.


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    #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,338 Mod ✭✭✭✭Gumbo


    barryshock wrote: »
    Hi


    I am invlovedin in PRT dispute with landlord. Illegal Evication, Witholding Deposit (€550), Breach of Obligations and charging more than market rate.



    He has offered €3000 to settle out of court. I think it's a pretty clear cut which will be favoured in my side. landord threaten me by saying his solicitor reckons I won't get much more than that , and If I am awarded it could take some years to actually get the cash via court system.



    What you reckons ,take the quick pay off or got to courts on hope of a bigger pay off. Anybody been through a similar experience ?


    Cheers.

    Are you out of pocket by more than €3k or are you looking for damages as well?
    Have you found a new place yet?
    It’s really only €2.5k if he has already withheld your €550 deposit.


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    #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    You are taking legal advice from a landlord who has carried out an illegal eviction? The mind boggles!


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    #4
    ConnyMcDavid
    Registered Users Posts: 229 ✭✭ConnyMcDavid


    Obviously he also thinks it's clear cut. I think you should go to court. Not so much for yourself but for other tenants who may fall foul of his tactics.


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    #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    ConnyMcDavid wrote: »
    Obviously he also thinks it's clear cut. I think you should go to court. Not so much for yourself but for other tenants who may fall foul of his tactics.
    The o/p is not in court. He is before the RTB.They are very mean with unlawful evictions.


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    #6
    mugsymugsy
    Registered Users Posts: 1,569 ✭✭✭mugsymugsy


    I would be careful of dealing with him and accepting an offer if he has already acted illegally.

    Best of luck with it


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    #7
    barryshock
    Registered Users Posts: 34 ✭barryshock


    From speaking to him, I am getting that feeling that if the rtb rule in my favour, he will refuse to pay. I'm thinking this could drag out. That's the vibe I'm getting. What real powers do the RTB have to enforce the rulings. That's mostly what I'm concerned with....


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    #8
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    barryshock wrote: »
    From speaking to him, I am getting that feeling that if the rtb rule in my favour, he will refuse to pay. I'm thinking this could drag out. That's the vibe I'm getting. What real powers do the RTB have to enforce the rulings. That's mostly what I'm concerned with....

    After the RTB you go to court to get a determination order. Since he owns the house, he has something to loose so more than likely will pay out. It may take time as the legal system is slow but you should eventually get it when your trying to get money from a ll. As others have said I would be careful about taking money off him outside of court.


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    #9
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Fol20 wrote: »
    After the RTB you go to court to get a determination order. Since he owns the house, he has something to loose so more than likely will pay out. It may take time as the legal system is slow but you should eventually get it when your trying to get money from a ll. As others have said I would be careful about taking money off him outside of court.

    You get a Determination Order from the RTb. After they you go to court to get it enforced.


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    #10
    HappySerious
    Registered Users Posts: 56 ✭✭HappySerious


    Sometimes the RTB will take the case to court for you but they have an extremely limited budget for this so only do it a few times a year. The RTB will give you the determination order and try to enforce by talking to landlord but if he refuses you might have to take it to court yourself. How much money are you owed?


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