PRTB wait

Rasmus

Anyone have any recent experience on how long it takes for PRTB to send out the determination order after the adjudication ruled in your favour?
It says 21 days but it has been about twice that at this point.
Then.. if they send out the determination order and the other party does not pay, do I need to ask PRTB to enforce or should I be thinking about circuit court?
Thanks!

Sligo1

Rasmus wrote: »

Anyone have any recent experience on how long it takes for PRTB to send out the determination order after the adjudication ruled in your favour?
It says 21 days but it has been about twice that at this point.
Then.. if they send out the determination order and the other party does not pay, do I need to ask PRTB to enforce or should I be thinking about circuit court?
Thanks!

Hey, I got a letter ruling in my favour a week after the adjudication. But the determination order was not sent until about 2-3 months after this. Once I received the determination order the landlord had 21 days to give me my deposit back which they did.

If they don't pay I think you can ask the PRTB to send out an enforcement order.... But not sure how often they do this.

Rasmus

Sligo1 wrote: »

Hey, I got a letter ruling in my favour a week after the adjudication. But the determination order was not sent until about 2 months after this. Once I received the determination order the landlord had 21 days to give me my deposit back which they did.

If they don't pay I think you can ask the PRTB to send out an enforcement order.... But not sure how often they do this.

Thanks very much! May I ask you if your LL was reasonable in any way before they returned your deposit? I am not holding out much hope that my LL will pay us back as even at the ruling they didn't understand why they should.

RATM

OP ring the PRTB. As with a lot of government departments they sometimes need a reminder. Just last month I was expecting a letter from the hospital to confirm an appointment with a consultant. I'd been on the waiting list 4 months and was told I should get a letter after 3 months. I didn't so rang them only to find out my file was sitting somewhere where it shouldn't be but that they'd expediate the appointment. I have it for 4 weeks time.

If I hadn't of rang I could have been waiting years before hearing from them. Sometimes you have to give them a boot up the arse, it is often just a matter of a letter sitting on someones desk and it needs to be signed off on and then posted.

Rasmus

RATM wrote: »

OP ring the PRTB. As with a lot of government departments they sometimes need a reminder. Just last month I was expecting a letter from the hospital to confirm an appointment with a consultant. I'd been on the waiting list 4 months and was told I should get a letter after 3 months. I didn't so rang them only to find out my file was sitting somewhere where it shouldn't be but that they'd expediate the appointment. I have it for 4 weeks time.

If I hadn't of rang I could have been waiting years before hearing from them. Sometimes you have to give them a boot up the arse, it is often just a matter of a letter sitting on someones desk and it needs to be signed off on and then posted.

Well you see, I have done that. I have called and left messages, spoken to people who have transferred me back to the central line and then been cut off, emailed them, etc. The reality is that there is too much for them to handle unfortunately. That's why I was looking for a ballpark timeframe. Thanks though : )

RATM

Do they have a public office you can call in to ? Its alot harder to push you from pillar to post in person than it is on the phone.

Or the other way is to find out who exactly it is that is responsible for issuing determination orders? So rather than ringing up and just talking to anyone about your problem instead ring up and say that you would like to know the name of the person who deals with determination orders. If they ask why say you have an important document to post them and it is essential their name is on the envelope and that it ends up in their hands. Then ring up again a day later and ask to be put through to that person. Mornings rather than afternoons are usually better to get an answer from a civil servant in my experience. Get talking to them in a polite manner and more than likely you can persuade them to issue the letter pretty quickly.

Failing that your last option is to ring your local TD and explain that you are facing a wall of bureaucracy at the PRTB and that you need this determination order to get your deposit back. They should get on to them and the matter should get sorted pretty quickly. It's not ideal and I don't agree with TD's time being used for this but the fact of the matter is it will likely get you the response you need and will be a lot quicker than them getting back to you. Which is good if you need your deposit back quick, which it sounds like you do.

Rasmus

Good idea to get a hold of the person in charge of determination orders. I will ask for that information when I am on to them. It's a bit too early to be getting on to TDs. My adjudication was only in October, and in PRTB time, things are going quite quickly.
As far as getting the deposit back quickly, well it would be nice to say the least but I am beginning to understand that getting it back within the year is unlikely.

Sligo1

Rasmus wrote: »

Thanks very much! May I ask you if your LL was reasonable in any way before they returned your deposit? I am not holding out much hope that my LL will pay us back as even at the ruling they didn't understand why they should.

No she was not in any way reasonable! There was no reason for her to keep my deposit as there was no damage to house. A letter from the estate agent confirmed this and said he would recommend me to any future LL. I sent her a letter before I went to PRTB asking for a list of the so called "damage" caused and she ignored this. The LL was completely irrational. A complete cow if Im honest.

Apparently when PRTB initially contacted her about the adjudication she said she would be there on the date. However, she did not show up and ignored all calls when the PRTB were ringing her on the date to see where she was and why she hadnt turned up. I sent in evidence of my case and she did not send in any evidence.

TBH, I was sure she was going to ignore the determination order aswell. Now this LL was completely unreasonable. Also turning up at the house numerous times without notice. And also entering once when I didnt answer door (I was just out of shower :eek:). So no, I didnt hold any hope that she was going to comply with the order.

However, on the 21st day after the order PRTB rang me and let me know her husband had written the cheque (from his private bank account)! Still to this day I think he wrote it and didnt tell her. Thats how certain I was she was not going to give me back my money.

I really hope your LL complies with the order. I would say it will be another very long drawn out process if they dont.

Very best of luck!

Rasmus

Thanks for the reply. Your story sounds familiar, maybe you posted it on boards before? I can't believe she entered the property while you just got out the shower!!
I hope that the same happens to me and that when the LL receives the determination order they will comply. It is so unfortunate that by following the rule or law by paying last month's rent (against advice) we were stung.

Rasmus

BTW Sligo, (or someone who might know this!), do the PRTB issue the applicant a copy of the determination order that goes to the respondent LL?

Sligo1

Rasmus wrote: »

BTW Sligo, (or someone who might know this!), do the PRTB issue the applicant a copy of the determination order that goes to the respondent LL?

Hi rasmus, yes both parties are issued with copies of the determination order. Basically, any correspondence at all sent by the PRTB is sent to both parties in order for everyone to be fully informed.

discodavie

howya,

my latest exploit in the prtb was in early oct last year and my determination order came last week so yours must be along now soon.

The board has to issue the order and they sit only a few times a year as far as I know.

Only after a board meeting can the determination order be sent out as it must be signed off by the actual board.

If the other person doesn't pay you can wait for the PRTB to take it to enforcement or decide to do it yourself through the circuit court. Lettng them do it is cheaper, it costs a couple of grand depending on the solicitor and you wont be able to get that money back in most cases.


Best of luck

Rasmus

Cheers for that lads. One more question you might be able to answer. If a determination order has not been set and the respondent pays up in the meantime, do they not get published on the website?