landlord problem & prtb

kdowling

I have signed a lease with a landlord with penalties for late payment. Having major problems with landlord (long story) who has told me I have no chance of getting my deposit back so I'm not paying last months rent.
He is not registered with the prtb.
I know if you are not registered you cannot take a case against a tenant with the prtb but can they take a different kind of case against me?

MarkAnthony

Legal advice can't be sought here, this info is easily found via google and frequently discussed in the Accommodation forum.

Landlord seems a bit of a moron.

seamus

Refer your landlord to the PRTB for failing to register the tenancy:
http://www.prtb.ie/tenants/is-my-tenancy-registered-

kdowling

if any solicitor here has experience dealing with the prtb I would appreciate if they could pm me their contact details for paid advice.

kdowling

MarkAnthony wrote: »

Legal advice can't be sought here, this info is easily found via google and frequently discussed in the Accommodation forum.

Landlord seems a bit of a moron.

Can I rephrase the op?

Is it possible for a landlord to take a case against a tenant outside of the prtb or is every dispute between landlord and tenant referred through it?

goz83

kdowling wrote: »

Can I rephrase the op?

Is it possible for a landlord to take a case against a tenant outside of the prtb or is every dispute between landlord and tenant referred through it?

The landlord has no legal footing, because the landlord is not registered. You might contact the prtb yourself and ask about your specific situation. The landlord is breaking the law if he/she is not registered. It brings into question the tax affairs too, but this is not your concern.

kdowling

goz83 wrote: »

The landlord has no legal footing, because the landlord is not registered. You might contact the prtb yourself and ask about your specific situation. The landlord is breaking the law if he/she is not registered. It brings into question the tax affairs too, but this is not your concern.

But could he take a case somewhere other than through the prtb?

A lady at the prtb told me today that an unregistered landlord can just register now and back pay registration and then take a case against the tenant.
Doesn't seem right that they can do that but she seemed pretty sure they could.

goz83

kdowling wrote: »

But could he take a case somewhere other than through the prtb?

A lady at the prtb told me today that an unregistered landlord can just register now and back pay registration and then take a case against the tenant.
Doesn't seem right that they can do that but she seemed pretty sure they could.

Thats why I would be complaining first

seamus

kdowling wrote: »

Is it possible for a landlord to take a case against a tenant outside of the prtb or is every dispute between landlord and tenant referred through it?

I guess the landlord can take a standard civil case for breach of contract. However I suspect that the court would rule that since the contract in question is a lease agreement, then the court cannot deal with it because it falls into the jurisdiction of the PRTB.

kdowling

goz83 wrote: »

Thats why I would be complaining first

I was thinking of that alright.

But would that not give him the opportunity to enter a counter claim?

goz83

kdowling wrote: »

I was thinking of that alright.

But would that not give him the opportunity to enter a counter claim?

I would be inclined to think you LL couldn't be bothered making any claim against you, unless its of a serious/expensive nature.

You can either ignore the situation and see if it goes away, but risk him taking first action; or you can act for the right reasons, rather than spite, or self preservation.

If you want more, you'll need to speak to a solicitor.

Graces7

The landlord not being registered does NOT affect or negate your rights under the Tenancy Act as a tenant so you can go ahead via PRTB immediately . If you need more advice please phone Threshold...We had a situation like this once and that was the law when I called Threshold. In fact they took over and contacted the landlord re his non registration.

housetypeb

Quote Goz83
" Thats why I would be complaining first"

What case do you expect him to bring before the PRTB? He'll have to wait until he's left the property before filing a case for non-return of the deposit-which he's negated anyway by holding onto the last months rent.

goz83

housetypeb wrote: »

Quote Goz83
" Thats why I would be complaining first"

What case do you expect him to bring before the PRTB? He'll have to wait until he's left the property before filing a case for non-return of the deposit-which he's negated anyway by holding onto the last months rent.

I don't expect the op to bring any case to the prtb, but if it were me, I would be mentioning to LL about the non-registration, after sending a letter to the prtb seeking advice on how to proceed with the threat of a LL not returning a deposit, which is actually being held illegally, because the LL is not registered.

The quote below also covers some of my point.

Graces7 wrote: »

The landlord not being registered does NOT affect or negate your rights under the Tenancy Act as a tenant so you can go ahead via PRTB immediately . If you need more advice please phone Threshold...We had a situation like this once and that was the law when I called Threshold. In fact they took over and contacted the landlord re his non registration.

housetypeb

He has already spoken to the PRTB by phone,I doubt they told him to act illegally himself by holding onto the last months rent.
In fact,holding onto the last months rent weakened any case he could have brought against the landlord and opened the way for the landlord to register the tenancy-even at this late date-and bring a case against him.
If he gave the landlords details to the PRTB, they're probably writing to him to register the tenancy or face fines anyway.
The penalty clause for late payment of rent in the op's first post adds an interesting and ongoing problem for the op if the landlord decides to chase him.

goz83

housetypeb wrote: »

He has already spoken to the PRTB by phone,I doubt they told him to act illegally himself by holding onto the last months rent.
In fact,holding onto the last months rent weakened any case he could have brought against the landlord and opened the way for the landlord to register the tenancy-even at this late date-and bring a case against him.
If he gave the landlords details to the PRTB, they're probably writing to him to register the tenancy or face fines anyway.
The penalty clause for late payment of rent in the op's first post adds an interesting and ongoing problem for the op if the landlord decides to chase him.

I never suggested the op withhold anything. I only said what i would likely do, which would involve engaging the LL and then possibly the prtb. We don't even know if the op gave the prtb any relevant contact details. The full story is not clear.