Prtb

Sophieeee

Hi guys an old landlord took me to the prtb looking for 6grand i didnt get to say my bit at the meeting and was told i.could appeal but now seen it cost me 100 i havnt got that with 4 kids 2 with special needs a legial inforcement be issued to be in 21 days then it will go to the inforce section.for court my question is when it goes to court and if judge rules in his favour i have no means to pay the funds what kind of prison sentence would i be looking at im left with about 3 euro a week after i pay for therphys ect i can offer up this would that keep me put of prison ???

Pro Hoc Vice

You can not be sent to prison if you can not pay the order. If you where not afforded the opportunity to speak you can bring that to the Circuit Judges attention and order a rehearing if necessary. I think the rehearing may only apply if non appearance at hearing. But the court can refuse an order if procedural fairness not followed.

You can seek advice from FLAC Citizens Advice or Free Legal Aid.

Sophieeee

I thought u get prison for none payment the women who asjudicated was very rude and kept telling me when i tried arguing my case to shush and i would get to speak at the end then at the end she said she had ran out of time i told her id be apealing it waited over 3 months for the report to come then went to find out about apealing at a cost of 100 i know seems little money but i cant get that up in 21 days and no family to turn to the money hes looking for is for 56days notice and 2months rent i owed him 1 months rent but he kept my deposit so didnt pay him i know ur not allowed do that but i had no choice he fabricated damage to the apartment weird things like said i sawed a big chunk out of his counter work top at a cost of 1500 if u ask me she seemed real friendly with him. So if and when it goes to court and say the judge says u must pay x ammount can i say well i have 3euro a week he can have that will he have to accept that im not joking 3euro is all i have left a week sometimes 8 if i have an extra bread or milk

Pro Hoc Vice

Sophieeee wrote: »

I thought u get prison for none payment the women who asjudicated was very rude and kept telling me when i tried arguing my case to shush and i would get to speak at the end then at the end she said she had ran out of time i told her id be apealing it waited over 3 months for the report to come then went to find out about apealing at a cost of 100 i know seems little money but i cant get that up in 21 days and no family to turn to the money hes looking for is for 56days notice and 2months rent i owed him 1 months rent but he kept my deposit so didnt pay him i know ur not allowed do that but i had no choice he fabricated damage to the apartment weird things like said i sawed a big chunk out of his counter work top at a cost of 1500 if u ask me she seemed real friendly with him. So if and when it goes to court and say the judge says u must pay x ammount can i say well i have 3euro a week he can have that will he have to accept that im not joking 3euro is all i have left a week sometimes 8 if i have an extra bread or milk

Get proper legal advice,

But as in the Act

"126.—(1) A person who fails to comply with one or more terms of a determination order is guilty of an offence.

(2) Subsection (1) has effect notwithstanding the means provided under section 124 for enforcement of a determination order.

(3) A person convicted of an offence under this section shall not be sentenced to any term of imprisonment in respect of that offence if he or she shows that the failure to comply with the term or terms concerned was due to his or her limited financial means."

There are other important sections in relation to your case please seek advice.

Sophieeee

Were did u get that from? im worried sick ill go seek advice and see were i stand thanks again

Stheno

Sophieeee wrote: »

Were did u get that from? im worried sick ill go seek advice and see were i stand thanks again

From the relevant Act relating to the PRTB

Sophieeee

Stheno wrote: »

From the relevant Act relating to the PRTB

From the website?

Pro Hoc Vice

Sophieeee wrote: »

From the website?

http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0126.html#sec126

Stheno

Sophieeee wrote: »

From the website?

No from the Act that governs what the PRTB can and cannot due in the Irish Statute book where all laws are recorded.

Go to http://www.irishstatutebook.ie/2004/en/act/pub/0027/ then do a search for section 126 and you'll see it.

It's called Offence for failure to comply with determination order, which is what has been adjudicated against you

Sophieeee

Thank you very much you have been of great help will I still have to pay this absurd amount that I don't owe?

xxgilloxx

Hi not sure if this is the right place for my post or not. In April 2013 i attended a hearing in prtb with regards a dispute with previous landlord. The landlord failed to show up and i even requested extra time to give them a chance to turn up. However the adjudicator said he wasnt wasting his time with someone who couldnt be bothered showing up so he said case closed end of. Last week i received notification to my new home that the case is reopened and a new hearing scheduled for september 2014. This case was closed over a year ago. Can this be right? can prtb and the previous landlord reopen a case even after adjudicator more or less struck it out?

Pro Hoc Vice

xxgilloxx wrote: »

Hi not sure if this is the right place for my post or not. In April 2013 i attended a hearing in prtb with regards a dispute with previous landlord. The landlord failed to show up and i even requested extra time to give them a chance to turn up. However the adjudicator said he wasnt wasting his time with someone who couldnt be bothered showing up so he said case closed end of. Last week i received notification to my new home that the case is reopened and a new hearing scheduled for september 2014. This case was closed over a year ago. Can this be right? can prtb and the previous landlord reopen a case even after adjudicator more or less struck it out?

Simple answer yes, but you would be advised to get legal advice. The Act does allow a new hearing.

xxgilloxx

How is this the case even though its over a year old and judgment already made on the casee?

Pro Hoc Vice

xxgilloxx wrote: »

How is this the case even though its over a year old and judgment already made on the casee?

http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0125.html#sec125

xxgilloxx

The landlord turned up at the prtb office over an hour late and was highly abusive to staff. They claimed they didnt know where the office was even though they had 2-3 weeks to find out location. This is not really relevant reason is it?

Pro Hoc Vice

xxgilloxx wrote: »

How is this the case even though its over a year old and judgment already made on the casee?

xxgilloxx wrote: »

The landlord turned up at the prtb office over an hour late and was highly abusive to staff. They claimed they didnt know where the office was even though they had 2-3 weeks to find out location. This is not really relevant reason is it?

I have no idea I'm not the decision maker, if you have an issue with their decision you are entitled to challenge it but you would be advised to get legal advice.

xxgilloxx

Thanks very much for your help, i am currently waiting on a call back from a solicitor for a meeting to discuss this. the landlord has told a lot of lies which i can prove through witness statements and photos.