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PRTB Tomfoolery

  • 27-02-2012 11:44pm
    #1
    Bricktamland
    Closed Accounts Posts: 1 ✭


    Hi

    This is probably/possibly something that has been discussed in previous threads, but anyway:

    The PRTB ruled in my favour over 18 months ago in respect of the illegitimate retention of my deposit by my previous landlord.

    The landlord did not comply with the PRTB's ruling to repay my deposit (€1,050) in full, along with a penalty of €300. The PRTB subsequently issued a determination order requiring the landlord to comply.

    The determination order was issued 9 months ago, but with no success. I then informed the PRTB to initiate enforcement proceedings, this was about 10 moths ago. I have heard nothing since.

    The whole process seems ridiculously drawn-out. I suppose I have a few questions:

    Has anyone had a similar experience?
    Does the PRTB actually enforce?
    Has anyone ever taken such a case to the circuit court? How would this work?
    Should I just give up and put it down to experience?

    Many thanks

    Brick


Comments

  • #2
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Bricktamland wrote: »
    Does the PRTB actually enforce?
    Don't think they have any legal powers, but they should be able to tell you how to get a sheriff onto the case?


  • #3
    Jev/N
    Registered Users, Registered Users 2 Posts: 3,456 ✭✭✭Jev/N


    In short, went through the process before up to the point you're at now.

    Got the PRTB to initiate enforcement proceedings via us providing a signed written statement to the effect that we had not received our deposit per the determination order. We and the landlord were contacted with a notice to say that the PRTB was to issue proceedings (through their solicitors' firm) against the landlord and within a month or so (IIRC), PRTB rang to say they had received a cheque from the landlord and they would forward it on to us.

    There are two options to enforce: personally or via the PRTB. I chose the latter, although it's somewhat slower and I am training in the profession, you have less work to undertake, aside from having to possibly give evidence if it went to court (it seems that this is quite unlikely unless the landlord is seriously stubborn)

    The PRTB does a decent job but seems to be just completely overburdened by cases such as yours and mine, particularly where they are dealing with landlord who continually fail to heed various notices, orders, etc.

    So, my advice: contact the PRTB (again), quote your reference number and ask for your case manager/assignee. Try and get a status update from them, particularly in relation to enforcement. As far as I know, a specific section deals with this area. Mention your preference for PRTB enforcement via the courts and look for a timescale from them. After that, look for an update every few months if you can. However, it is down to their workload and the cooperation of the landlord or otherwise, so it's hard for me to give anything more certain than that.

    All in all, my case took about 3+ years from retention to return so it can be quite drawn out but have faith!


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