RTB Determanation

ninjarambohd

Hi everyone. I am a tenant and have just received the RTB adjudicator's decision. But, I don't fully understand the decision. Can someone please put this into simpler terms for me?

In the matter of "my name", Applicant tenant and "landlord name" respondent landlord, the residential tenancies boards determines that:

The respondent landlord shall pay the total sum of 2783.60 to the applicant tenant, withing 28 days of the date of issue of the order, being damages of 5630 euros for breach of landlord obligations for failure to carry out necessary repairs less 2846.40 euros in rent arrears in respect of the tenancy of the dwelling "My address".

Dalomanakora

It means the landlord has to pay you the 2700-odd. The damages were 5000-odd, but they deducted rent you owed him, leaving him having to pay you 2700.

He has to give you 2700 within 28 days

ninjarambohd

Dalomanakora wrote: »

It means the landlord has to pay you the 2700-odd. The damages were 5000-odd, but they deducted rent you owed him, leaving him having to pay you 2700.

He has to give you 2700 within 28 days

So does that mean that I don't owe him any arrears anymore? It also says this in finding facts: "That the landlord is entitled to the payment of 2846.40 in rent arrears in respect of the period July 2018 to the date of the hearing not including the rent for January 2019 as rent is due at the end of each month.

FishOnABike

ninjarambohd wrote: »

So does that mean that I don't owe him any arrears anymore? It also says this in finding facts: "That the landlord is entitled to the payment of 2846.40 in rent arrears in respect of the period July 2018 to the date of the hearing not including the rent for January 2019 as rent is due at the end of each month.

Yes, the arrears (2846.40) have already been deducted from the full amount (5630) the RTB awarded you. The landlord owes you the balance of the award (5630 - 2846.40) = 2783.60 and has 28 days from the date of the RTB determination to pay it to you.

If you are still renting the property you still need to pay the current rent as it falls due.

ninjarambohd

FishOnABike wrote: »

Yes, the arrears (2846.40) have already been deducted from the full amount (5630) the RTB awarded you. The landlord owes you the balance of the award (5630 - 2846.40) = 2783.60 and has 28 days from the date of the RTB determination to pay it to you.

If you are still renting the property you still need to pay the current rent as it falls due.

Thank you.

Askthe EA

Im almost afraid to ask, but why did you take the landlord to the RTB?

ninjarambohd

Askthe EA wrote: »

Im almost afraid to ask, but why did you take the landlord to the RTB?

Because I kept telling him the house needs to be repaired over the past few years but he never responded.

Askthe EA

ninjarambohd wrote: »

Because I kept telling him the house needs to be repaired over the past few years but he never responded.

And they fined him €5,000? Wow.

Cuddlesworth

Askthe EA wrote: »

And they fined him €5,000? Wow.

Ignoring the tenant. For years.

amcalester

Was there an order instructing him to actually make the repairs now or what happens?

ninjarambohd

amcalester wrote: »

Was there an order instructing him to actually make the repairs now or what happens?

Well in the letter I received today, It did not order him to actually make the repairs now so I don't know what to do about it. Having said that I was in contact with the LL today and he has now promised to fix the problems.

rightmove

ninjarambohd wrote: »

Well in the letter I received today, It did not order him to actually make the repairs now so I don't know what to do about it. Having said that I was in contact with the LL today and he has now promised to fix the problems.

Can't imagine the relationship will be productive going forward. Thought rtb would order him to just fix the problems first before pulling as ball of money outta his pocket

Askthe EA

Cuddlesworth wrote: »

Ignoring the tenant. For years.

I've just never heard an award so large for not carrying out maintenance. Its a solid deterrent.

rightmove

Askthe EA wrote: »

I've just never heard an award so large for not carrying out maintenance. Its a solid deterrent.

Rtb not better to order him to fix the issue first???

Subutai

rightmove wrote: »

Can't imagine the relationship will be productive going forward. Thought rtb would order him to just fix the problems first before pulling as ball of money outta his pocket

Can the RTB make an order of that nature? I could see them being concerned, certainly at adjudication stage, that such an award would leave them open to challenge. Damages are more clear cut as they award those routinely. Section 115 of the 2004 Act does give them broad latitude, but specific performance is a tricky thing.

Damages at that level are high, but not unheard of. I know that in the case of Secrii v Secrii damages of €5000 were awarded for a failure in relation to standards and maintainence of a dwelling.

Simply directing that the problem be fixed wouldn't presumably have reduced the quantum of damages anyway, given that they are aimed at compensating the tenant for the lack of maintenance.

rightmove

Subutai wrote: »

Can the RTB make an order of that nature? I could see them being concerned, certainly at adjudication stage, that such an award would leave them open to challenge. Damages are more clear cut as they award those routinely. Section 115 of the 2004 Act does give them broad latitude, but specific performance is a tricky thing.

Damages at that level are high, but not unheard of. I know that in the case of Secrii v Secrii damages of €5000 were awarded for a failure in relation to standards and maintainence of a dwelling.

Simply directing that the problem be fixed wouldn't presumably have reduced the quantum of damages anyway, given that they are aimed at compensating the tenant for the lack of maintenance.

Fair enough but now the ll has to compensate and fix....double whamie

Subutai

rightmove wrote: »

Fair enough but now the ll has to compensate and fix....double whamie

This is why it's important to know and abide by your obligations as a landlord. The tenant had to live in a place that wasn't being maintained. He should be compensated for that, and the landlord should do the maintenance that he was obliged to do anyway.

Dav010

Subutai wrote: »

This is why it's important to know and abide by your obligations as a landlord. The tenant had to live in a place that wasn't being maintained. He should be compensated for that, and the landlord should do the maintenance that he was obliged to do anyway.

LL could do a refurbishment job and if it meets the criteria, hike up the rent.

On the down side for the op, future perspective landlords will be able to type his/her name into the RTB search and this case will come up.

Subutai

Dav010 wrote: »

LL could do a refurbishment job and if it meets the criteria, hike up the rent.

On the down side for the op, future perspective landlords will be able to type his/her name into the RTB search and this case will come up.

He could, although the requirements aren't trivial, substantial change actually does mean a properly substantial change: https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/RTB_Guidelines_for_good_practice_on_the_substantial_change_exemption_in_Rent_Pressure_Zones.pdf

Such victimisation for a tenant asserting their rights would be pretty poor behaviour. Nevertheless if OP has reason to be concerned that he might be subject to such victimisation it is not difficult to request the removing of the information from the database.

ninjarambohd

The LL has now agreed to inspect the house (well the agent working on his behalf will do this) and to carry out repairs he hadn't carried out in the past 16 years. Wondering if he carries out these repairs can he appeal about the RTB's decision and not pay the 2.7K?

Subutai

ninjarambohd wrote: »

The LL has now agreed to inspect the house (well the agent working on his behalf will do this) and to carry out repairs he hadn't carried out in the past 16 years. Wondering if he carries out these repairs can he appeal about the RTB's decision and not pay the 2.7K?

No. He can appeal, but having carried out the repairs alone will not reduce his damages. The damages are to compensate you for the time living there during which the repairs were not done.

He may appeal on some other ground, or just in the hopes that a tribunal will assess the damage differently.

ninjarambohd

Subutai wrote: »

No. He can appeal, but having carried out the repairs alone will not reduce his damages. The damages are to compensate you for the time living there during which the repairs were not done.

He may appeal on some other ground, or just in the hopes that a tribunal will assess the damage differently.

Thank you very much.

tvjunki

Your landlord can appeal on the basis on cannot afford to pay or do the work. The levels can be reduced. If you have not let him inspect the property in that time he can then have the fine reduced. Also you should have paid your rent so the landlord can say cannot afford to repair as tenant did not pay the rent on time or arrears have built up.
Warning...
If you do not pay your full rent on time or stop paying rent your landlord can give you 14days notice and then 28days notice of rent arrears and ask you to leave (notice to quit)and you will have to find somewhere else to live.
Your landlord could have done this before you brought him to rtb. He will definately do that now if you do not pay your rent.

You will need to find another landlord and your name will appear on rtb website.
Your landlord can the refurbish the property to substantial level that the rent in increased.

Subutai

tvjunki wrote: »

Your landlord can appeal on the basis on cannot afford to pay or do the work. The levels can be reduced. If you have not let him inspect the property in that time he can then have the fine reduced. Also you should have paid your rent so the landlord can say cannot afford to repair as tenant did not pay the rent on time or arrears have built up.
Warning...
If you do not pay your full rent on time or stop paying rent your landlord can give you 14days notice and then 28days notice of rent arrears and ask you to leave (notice to quit)and you will have to find somewhere else to live.
Your landlord could have done this before you brought him to rtb. He will definately do that now if you do not pay your rent.

You will need to find another landlord and your name will appear on rtb website.
Your landlord can the refurbish the property to substantial level that the rent in increased.

Inability to pay is not grounds for an appeal.

As the amount of damages greatly outweighes the level of arrears the argument that the arrears prevent him from conducting the repairs will have no success.

4ensic15

tvjunki wrote: »

Your landlord can appeal on the basis on cannot afford to pay or do the work. The levels can be reduced. .

IS this a joke? The tribunal is not entitled to take into account the financial position of either landlord or tenaNT.

tvjunki

4ensic15 wrote: »

IS this a joke? The tribunal is not entitled to take into account the financial position of either landlord or tenaNT.

Yes. I have seen cases when this has happened. If I have a bit of time I will see if I can find an example. Have seen reduction on appeal a few years ago.


I suppose at the same time we don't know what needed to be done to justify 5k fine. Don't have full details.

Subutai

tvjunki wrote: »

Yes. I have seen cases when this has happened. If I have a bit of time I will see if I can find an example. Have seen reduction on appeal a few years ago.


I suppose at the same time we don't know what needed to be done to justify 5k fine. Don't have full details.

Reductions of damages (and increases in damages) are fairly common on appeal. They aren't given simply because one or the other party pleads inability to pay.

Pkiernan

Seems that other than paying the rent owed, the tenant was not penalised for withholding rent.

cel1798

How did this take from start to finish? Was it a very long process?

ninjarambohd

Hi, as some may know my landlord has not been paying attention to me as a tenant. I took the case to the rtb and he promised he'd start paying attention but the rtb fined him and he had to pay the fine to me.

Anyhow, since then he still has not cut the grass yet or gave me equipment to do so. And more importantly the shower has been broken since last week 18th of March and he keeps saying I'll get it fixed etc.. But I still have no damn shower!

What can I do this time because this is getting ridiculous now and too childish.

duskyjoe

u could fix the shower yourself and deduct same off rent if he doesn’t fix it. Re the grass , is there a clause in the lease re the grass as otherwise this is usually the remit of the tenant. Reporting your landlord to the RTB for a shower not fixed in a week deserves total derision. Reporting the landlord is a big issue and you made it that out of something small.