RTB Determination Order

bannedboyband · 11-02-2023 6:05am #1

Hi all,

I'm looking for timeframe advice on the following not legal advice. New poster here.

I have a rented property with tenants on HAP who are not paying the full rent. They are paying about 60% of the agreed rate. They've taken me to the RTB many times so know the system. They've "won" a case against me and me two cases against them. They always appeal to tribunal. I now have a determination order against them which I got at a tribunal case. The problem is I am fairly certain they won't abide by the determination order.

I understand I have to bring the determination order to the district court in the location where the house is based. I am wondering from start to finish how long would I be waiting to get the sheriff order to evict the tenants. Will this take months and at what cost should I need a Solicitor. Like i said above I'm sure they will drag it out. It's a total nightmare.

Any information greatly appreciated.

11-02-2023 10:28am

How long is a piece of string really. If they turn up to court and don't appeal the decision it could be a few months. If they don't turn up and the judge refuses to rule in their absence and they decide to appeal when a decision is made it will be a lot longer. Legal representation is recommended at all stages.

xyz13 · 11-02-2023 10:34am

RTB hearing September 2021

Appeal

RTB determination February 2022

Court summons June 2022

Court hearing September 2022

Court order 01/12/2022

Eviction 13/12/2022

bannedboyband · 11-02-2023 10:57am

https://www.boards.ie/discussion/comment/120227677#Comment_120227677

Thanks for your reply. So when I go to court with the order and the judge makes his ruling in our favour as per the order. The tenants can appeal the judges ruling? I wasn't aware of that tbh. I agree with you re representation as in use a solicitor. Thank you for getting back to me.

bannedboyband · 11-02-2023 10:58am

https://www.boards.ie/discussion/comment/120227690#Comment_120227690

Thanks for taken the time to reply to me. So I could be looking at ten months even having the order in hand. Very stressful and unfair.

12-02-2023 3:08am

https://www.boards.ie/discussion/comment/120227733#Comment_120227733

They can appeal to the circuit court if they are not happy with the judgement of the district court, its only a nominal fee when you consider what they are saving in not paying rent. Its often used as a stall tactic to prevent eviction, they will request sufficient time to prepare an appeal which will delay you getting access to the property back and then will often not turn up on the day because they won't go to the expense of getting legal representation.

You have two options. One is to go the legal route and hope they don't fight it as legal fees mount quickly. Or two is to offer them a sum to leave the property, its advisable to manage this through a solicitor as you don't want to hand money over before they leave. Its a crap system that those are a landlords only two options when bad tenants dig in. Option one would be my preference but option two might be the quicker and cheaper option.

Claw Hammer · 15-02-2023 5:04pm

The teants can also judicially review either the District Court or the Circuit Court (or indeed both) if they as so minded. there could then be appeals from the High Court to the Court of Appeal and/or the Supreme Court.

just_a_gurl · 16-02-2023 6:10pm

you could see if the RTB will pursue the Determination order for you...see here

https://www.rtb.ie/dispute-resolution/request-to-the-rtb-to-issue-enforcement-on-a-partys-behalf/how-does-the-rtb-decide-on-a-request-to-enforce-determination-orders#:~:text=If%20you%20wish%20to%20request,to%20request%20an%20application%20form.

runwithme · 12-02-2024 3:20pm

Sorry for jumping onto this post.

A quick question? How long after the hearing of your case with RTB did it take for you to receive their decision regarding your Determination order.

thanks in advance

RTB Determination Order

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