Landlord not giving back deposit

runawaybishop

UCDVet wrote: »

Serious question - is there ever any punitive damages as a result of the PRTB?

If I were landlord and tell the tenant - 'Oh yeah, looks great', take the keys, rent it out, and keep the deposit....won't the PRTB just (eventually) declare that the landlord must repay the deposit?

There are damages awarded on loads of cases.

http://www.prtb.ie/dispute-resolution/tribunals/tribunal-reports-orders/2013

ocy

Sligo1 wrote: »

That would be me. The extra €500 was for the LL calling to the house without giving prior notice a few times. I had backed up (signed) statements to verify this from witnesses.

did the case take long to be seen by prtb

Sligo1

ocy wrote: »

did the case take long to be seen by prtb

Yes about 10 months from the time I sent in applications till time of adjudication meeting. Then you may have to wait another couple months to be paid.

take everything

Hi.
OP again.
Talking again to Threshold there.
TBH they didn't fill me with much confidence, nice and all as they were.
Even though I laid out all the relevant points (decoration cost of 300 despite the fact I just lived in the place, painting costing 74 euro despite the fact I never touched the walls, the discrepancy between the estimate of 75 euro he referred to and the later figure nearly 10 times that, the talk about having to replace the fridge because of the rubber seals ridiculousness, the no receipts, the no PRTB registration etc) all they could say was it would be my word against his and that I should be prepared for any counterclaims he could make.
I was actually less confident of doing anything after talking to them. Are they normally this cautious and non-committal.
They suggested I suggest a settlement with him. This guy is claiming I technically owe him money so I'm not sure where this will get me.

So basically as soon as i can firmly rule out the possibility of any propensity for thuggishness on his part, I think I'll just invoke the prtb option with him (if he doesn't want to settle on a reasonable figure within a week).

Any advice.
Are threshold always so non-committal btw

foggy_lad

Threshold are not the right people to be talking to. They are no use and often give incorrect advice, the PRTB will actually take what you tell them and look up the correct situation etc.

Sligo1

take everything wrote: »

Hi.
OP again.
Talking again to Threshold there.
TBH they didn't fill me with much confidence, nice and all as they were.
Even though I laid out all the relevant points (decoration cost of 300 despite the fact I just lived in the place, painting costing 74 euro despite the fact I never touched the walls, the discrepancy between the estimate of 75 euro he referred to and the later figure nearly 10 times that, the talk about having to replace the fridge because of the rubber seals ridiculousness, the no receipts, the no PRTB registration etc) all they could say was it would be my word against his and that I should be prepared for any counterclaims he could make.
I was actually less confident of doing anything after talking to them. Are they normally this cautious and non-committal.
They suggested I suggest a settlement with him. This guy is claiming I technically owe him money so I'm not sure where this will get me.

So basically as soon i can firmly rule out the possibility of any propensity for thuggishness on his part, I think I'll just invoke the prtb option with him (if he doesn't want to settle on a reasonable figure within a week).

Any advice.
Are threshold always so non-committal btw

I found threshold terrible to deal with! I also felt they did not have a clue what they were talking about. I doubted myself after speaking with someone from their office and wondered whether I should file my case with the PRTB at all. I would never call them again for any information or advice.

thehouses

Threaten to report him to the PRTB if he does not give you back your full deposit - it worked for me before as it is the landlord's responsibility to ensure registration and let him know that there would be fines for him for not registering the property which will go beyond what he is trying to scam off you. Ring threshold.ie for advice and in future take photos on the last day with the landlord present and sign off on them.

Murt10

thehouses wrote: »

Threaten to report him to the PRTB if he does not give you back your full deposit - it worked for me before as it is the landlord's responsibility to ensure registration and let him know that there would be fines for him for not registering the property which will go beyond what he is trying to scam off you.

And even if you do get your money back report him anyway. Also contact Revenue.

That'll teach him to act the maggot.

take everything

Murt10 wrote: »

And even if you do get your money back report him anyway. Also contact Revenue.

That'll teach him to act the maggot.

In fairness, as angry as I am at his ****, I just want what I think is due to me (ie my deposit or the guts of it at least). Just want to forget about this guy after that and learn from this crap.

take everything

thehouses wrote: »

Threaten to report him to the PRTB if he does not give you back your full deposit - it worked for me before as it is the landlord's responsibility to ensure registration and let him know that there would be fines for him for not registering the property which will go beyond what he is trying to scam off you. Ring threshold.ie for advice and in future take photos on the last day with the landlord present and sign off on them.

Thanks for the post.
But in your case did your landlord go from "you owe me 200 but I won't pursue it" to an embarrassing climbdown of "ok, here, take the deposit". I just can't see this fella doing this. Could be wrong.

Jeekers

Forward on this letter to him and tell him if your deposit is not forthcoming within 10 days. You Will take him to the small claims court.

thehouses

take everything wrote: »

Thanks for the post.
But in your case did your landlord go from "you owe me 200 but I won't pursue it" to an embarrassing climbdown of "ok, here, take the deposit". I just can't see this fella doing this. Could be wrong.

Basically he was an agent in charge of houses, I called to him a number of times and I also called into the owner's business/shop with no joy. Eventually, after telling him about the PRTB and tax they put the deposit in the post that day.

take everything

Jeekers wrote: »

Forward on this letter to him and tell him if your deposit is not forthcoming within 10 days. You Will take him to the small claims court.

Ah Jaysus lads, one court at a time.
Couple of things can anyone answer for me (and i'll ask the PRTB about it):
What does a PRTB hearing involve. It's not all big-city lawyer types (read solicitors) strutting their stuff and badgering the witness (too many bad episodes of Matlock in my youth sorry).

Which begs the question is there any possibility that i could get fleeced for your man's legal fees (and whatever else he'll be chancing to get) if such solicitors swung it his way. Don't want to be done for killing Shergar (so to speak) by the end of it either.

fash

take everything wrote: »

ny possibility that i could get fleeced for your man's legal fees (and whatever else he'll be chancing to get) if such solicitors swung it his way. Don't want to be done for killing Shergar (so to speak) by the end of it either.

No

take everything

Just an update on this.
PRTB hearing in a few weeks.
Haven't heard anything back from him (either directly or via the PRTB process).
Not sure if that is good or bad news.

Also, on enquiry, the PRTB confirm he is not on the their list of registered landlords.
So i can only assume he isn't registered. I was certainly never registered as a tenant anyway.

I'm quite curious how he will respond to this tbh.

Aint Eazy Being Cheezy

He won't show up or engage. You'll win your case but he won't pay up either.

take everything

Duracell Bunny wrote: »

He won't show up or engage. You'll win your case but he won't pay up either.

Yeah i thought this would be a possibility.
But the determination is legally binding isn't it.

Aint Eazy Being Cheezy

take everything wrote: »

Yeah i thought this would be a possibility.
But the determination is legally binding isn't it.

It is, it's just getting it enforced which is the problem.

take everything

Duracell Bunny wrote: »

It is, it's just getting it enforced which is the problem.

Hmmm.
What would that involve do you know.

Ken.

take everything wrote: »

Hmmm.
What would that involve do you know.

District or circuit court to get an enforcement order. Then if he didn't pay up the sheriff to seize assets but that's a long way down the line.

take everything

So I had the PRTB adjudication today.
Landlord didn't turn up (as I expected tbh).
Said my bit and they accepted that the deposit was retained.
But basically it was stressed repeatedly that because the guy didn't engage at all with the process (no submissions or attendance) there was no claim from him about keeping the deposit that I could specifically refute. So I couldn't really present all the charges he listed in the email. Which was a bit strange.
So it was like fighting an invisible opponent.
I wonder what this means. I presume it's favourable for me.
I mean it can't be for him if he's not even contesting what I'm saying (by non-engagement).

ABajaninCork

Did you report the landlord to Revenue as well? You might as well as the landlord is unlikely to give your deposit back...

garhjw

Hard luck OP. as already stated, contact revenue with the landlords details.

Given their current workload he could be well down the list but it's a good idea to report him.

It's bad luck on you he didn't engage with the PRTB process.

Good luck

take everything

garhjw wrote: »

Hard luck OP. as already stated, contact revenue with the landlords details.

Given their current workload he could be well down the list but it's a good idea to report him.

It's bad luck on you he didn't engage with the PRTB process.

Good luck

Why do you say hard luck.
The only possible logical outcome from him not engaging that I can see is a determination order in my favour.
They accepted he has my deposit.
If they don't want to hear much more that's fine.
Surely that single fact alone, undisputed by the invisible landlord, is enough.
I can't think how it could go otherwise tbh if there are no other facts involved.
Be a few days before I know.

garhjw

I meant it was hard luck that the landlord did not engage. It is a painful process to go through to recover the deposit which is rightfully yours.

No Pants

Do the PRTB now fine him for not being registered?

garhjw

No Pants wrote: »

Do the PRTB now fine him for not being registered?

I could be wrong but I think the way it works is the landlord is issued with an enforcement notice. He then has X days to register the tenancy. If he fails to do so then he is open to fines/prosecution

kefir32

More than likely he's not tax compliant, I think you owe it to yourself and other tax compliant citizens to contact revenue and let them give him a rude awakening. It's gurriers like him which have us paying one of the highest income tax rates in Europe. REPORT

take everything

In fairness I know nothing about his tax status so I don't know what I can do in that regard tbh.
But this is not really my primary interest anyway.
My family are advising me to leave things alone if it goes my way.

They are saying that because this guy has basically ignored any engagement with the PRTB that he seems to be a law on to himself and you don't know what else he is capable of/who else he associates with.
Their concern is, despite him being a fairly established businessman, that for all I know he could get people after me if I pushed things.

deep1

take everything wrote: »

So I had the PRTB adjudication today.
Landlord didn't turn up (as I expected tbh).
Said my bit and they accepted that the deposit was retained.
But basically it was stressed repeatedly that because the guy didn't engage at all with the process (no submissions or attendance) there was no claim from him about keeping the deposit that I could specifically refute. So I couldn't really present all the charges he listed in the email. Which was a bit strange.
So it was like fighting an invisible opponent.
I wonder what this means. I presume it's favourable for me.
I mean it can't be for him if he's not even contesting what I'm saying (by non-engagement).

Sorry for jumping on this thread, I am in exact same boat.

Deposit not given, Prtb etc ( landlord never bothered to show up) and went to my favour.

After PRTB adjudication, 3 months later, i received the later that landlord to pay me this amount within 28 days and it was to be discussed between us how the payment can be arranged.

I sent him quick email giving my bank details and copy of PRTB letter and gave him extra few days to pay, the date i gave him to pay only have few days left. No response.

I am not expecting anything in few days either, Now my question is what to do next, PRTB mentioned that if he doesn't pay up, Court case can be brought up, which i am wiling to do and will never let him go that easily, specially 3 years of hell he gave.

I am also willing to report to him to revenue, if anyone can guide me what is the best approach here. ( Just a bit of background, 3 years rented apartment, he never fixed anything, we paid from our own pocket, even for gas connection and disconnection, i am not claiming all but only my deposit and it is about principal now)