PRTB victory!

Woodie321

I just wanna say wohoo! cheque came in today from scumbag landlord for keeping my 2 grand deposit back plus an extra 500 euro for her being a complete f*cking cow and also breaking the lease agreement!!!!! It took a while but defo worth the wait!!! DELIGHTED isnt the word!!!!!!

Newaglish

Congrats - can I ask what the circumstances were? Would be good for people to know what kind of cases they can win!

LittleBook

And how long did it take?

Woodie321

Newaglish wrote: »

Congrats - can I ask what the circumstances were? Would be good for people to know what kind of cases they can win!

OP here,

1 year lease. Moved out at end of lease. During the first 3 months of lease landlord would come to house unexpectedly..."to check everything was in order". House was always clean (had a cleaner come in regularly during the year). TBH nothing really untoward on my behalf. Kept house in good condition. Always paid rent in time. No damage caused to house.

Before lease expired gave one months notice to estate agent. Estate agent collected keys and did house inspection on day of moving out. Got a reference letter from him saying house was in good condition and I was a good tenant.

Landlord was out of the country at time of lease expiry... obviously why she had stopped turning up unannounced!! Rang her several time over the next month about getting my deposit back.. Couldnt get hold of her. She rang me one month later. Screaming like a lunatic on the phone that i had left house in a terrible state. and rambled on about various things that were apparently damaged. She said she had photos and evidence of same and that I would not be getting my deposit back and she may well in fact "sue me" for the excess of the money it would cost to repair the house!!! Ridiculous!!!! I had a letter from estate agent verifying I left house in good condition!!! However, I had not taken any photos of the house before I left as I did not think there would be any reason for me not getting my deposit back... In hindsight...., I will always now take photos!!!! and would advise anyone else to do same.

Anyway... I cut all contact and did not talk to her again... except send her a registered letter demanding my deposit back. Applied to PRTB and found she was not registered! Adjudication hearing 10 months later (A long time to wait but I was like a dog with a bone for the deposit retention and the way she had spoken to me).

She did not turn up nor provide any evidence against me. Got a letter 2 weeks later ruling in my favour.

Determination order 2 months later again saying she would have to pay me within 21 days. Just got a cheque in the post for the said amount from her husband! Id say he went nuts with her as they will now both be on the published on the PRTB website under adjudications and also hopefully known to be avoiding tax!!! Im absolutely delighted and I hope any good tenants out there who have been done by awful landlords like the ones I had file their applications and pursue it. Id say there are too many cases out there where tenants dont pursue these cases which in turn allows these landlords to keep stealing others money!

Sorry for my rant to all those good genuine landlords out there.

Sensor

Hello,

I had exactly the same problem but without the estate agent. I wrote our landlord a letter and the PTRB went against us because i didnt write on the letter which date i planned to move out. This was a letter, btw. written with the help and advice of a woman from the PTRB office.

The landlord was dodging tax, wasnt registered and the roof was leaking.

Pity I was so young and niave at the time not to take it past teh PTRB.

Well done anyways Op.

StillWaters

Well done OP. The dodgy LL is now also facing PRTB fine, NPPR fines and back tax. Hopefully she has learned her lesson too.

BostonB

Great to hear you got a good result.

Bigcheeze

Wait for that cheque to clear before you go popping any champagne corks :pac:

Rasmus

OP, would you mind if I ask if you went straight for adjudication, rather than mediation?

odds_on

Well done, excellent result - just a pity the PRTB can't manage to get adjudications and determinations much quicker - they are soooooo slooooow.

For a lot of people, the delay is costing them.

Woodie321

Rasmus wrote: »

OP, would you mind if I ask if you went straight for adjudication, rather than mediation?

Hi rasmus,

Went straight for adjudication. It was obvious from the onset mediation was not the course of action to take. The lady kept my deposit. There was nothing mediation was going to solve.

padd b1975

Woodie321 wrote: »

Sorry for my rant to all those good genuine landlords out there.

You really don't have anything to apologise for to anyone, you played by the rules and won your case fairly and squarely.

Well done.

Rasmus

Sensor wrote: »

Hello,

I had exactly the same problem but without the estate agent. I wrote our landlord a letter and the PTRB went against us because i didnt write on the letter which date i planned to move out. This was a letter, btw. written with the help and advice of a woman from the PTRB office.

The landlord was dodging tax, wasnt registered and the roof was leaking.

Pity I was so young and niave at the time not to take it past teh PTRB.

Well done anyways Op.

I can't believe they ruled against you with that list! What were you claiming? Did you get your deposit back?

ams

Well done OP. I got a similar ruling from the PRTB but never saw any money out of it unfortunately.

Rasmus

ams wrote: »

Well done OP. I got a similar ruling from the PRTB but never saw any money out of it unfortunately.

What happened?? (I have a hearing coming up).

odds_on

ams wrote: »

Well done OP. I got a similar ruling from the PRTB but never saw any money out of it unfortunately.

Digging up an old thread.

However, not clear from your post ....
Did you get the adjudication in your favour or did the decision go against you?

3DataModem

No need to apologise!

Good landlords love when this happens... it makes the rental market better for everyone. Weed out those crap landlords.

Ray Palmer

Good to hear OP.

There is few things that people should note. Firstly there is no way to know about LL tax payments. People assume not being registered with PRTB means avoiding tax. They are completely unrelated and it is only an opinion without any backing.

The PRTB do not fine people for not registering on any regular basis. Even with judgments against them. They give them time to register.

They didn't defend themselves. Judgments aren't always so clear cut

Rasmus

Ray Palmer wrote: »

Good to hear OP.

There is few things that people should note. Firstly there is no way to know about LL tax payments. People assume not being registered with PRTB means avoiding tax. They are completely unrelated and it is only an opinion without any backing.

The PRTB do not fine people for not registering on any regular basis. Even with judgments against them. They give them time to register.

They didn't defend themselves. Judgments aren't always so clear cut

I would like to know, from any landlords, why they wouldn't register with PRTB. Is it because of this lack of implementation?

cookie1977

Primarily I'd imagine because of the cost

the_syco

Rasmus wrote: »

I would like to know, from any landlords, why they wouldn't register with PRTB.

Why bother? If they get caught, the fine is only €90

Ray Palmer

cookie1977 wrote: »

Primarily I'd imagine because of the cost

It isn't so much the cost as there isn't much enforcement.
People foreget. No benefit to LL. They also come to inspect once you register which is just hassle. Ignorance. Refusal like property tax.
Tax evasion is a reason too just not the only reason.
Considering tax paid on rental income it does seem like an unfair cost. The lax nature of tax inspection it is really irritating to compliant LL. Neighbouring LL taking in an extra 52% income! Reporting doesn't seem to do anything.

gaius c

PRTB will be cross-referencing with other data to catch non-registered landlords.
http://www.independent.ie/national-news/landlords-brought-to-book-with-it-system-2449442.html
The biggie will be if revenue start doing likewise and with the state of public finances, it's only a matter of time before they do.

Ray Palmer

gaius c wrote: »

PRTB will be cross-referencing with other data to catch non-registered landlords.
http://www.independent.ie/national-news/landlords-brought-to-book-with-it-system-2449442.html
The biggie will be if revenue start doing likewise and with the state of public finances, it's only a matter of time before they do.

The fact that is from 2010 might tell you something. It requires the law to be changed to be changed for revenue to get the data en mass.
Individual records can be requested but not a wholesale system at present. It has been years since PRTB came in and it still can't link the systems.
2 reasons for it.
1) the records will not match easy as they use free form fields for addresses. Provide address in Irish to one and you will be safe.
2) Data protection laws do not allow sharing of data willy nilly.

Number 2 is the killer. Can't remember did they actually change the law for property tax because I know they wanted to. Big civil liberty issue if you ask me.

BostonB

Rasmus wrote: »

I would like to know, from any landlords, why they wouldn't register with PRTB. Is it because of this lack of implementation?

A lot are kinda annoyed they fund the PRTB but the PRTB can do nothing for the LL if theres problem. Its just a tax for a service they don't get. The PRTB works better for tenants.