Damages Awarded by the RTB

Subutai

Pkiernan wrote: »

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

Rarely, if ever, does the RTB provide punitive or exemplery damages. Those are in essence criminal penalties but the safeguards of a criminal trial are not present in the RTB adjudication process which is designed to be informal.

The RTB usually awards compensatory damages, and occasionally aggregated damaged which are a form of compensatory damages but are aimed at making good some wrong suffered by the applicant party. This can only really be done where the wrong can be regarded as torts rather than contract breaches.

The landlord would have to show that he suffered some loss over and above the withholding of the rent itself in order to be awarded damages greater than the value of the arrears for it.

GGTrek

Subutai wrote: »

Rarely, if ever, does the RTB provide punitive or exemplery damages. Those are in essence criminal penalties but the safeguards of a criminal trial are not present in the RTB adjudication process which is designed to be informal.

The RTB usually awards compensatory damages, and occasionally aggregated damaged which are a form of compensatory damages but are aimed at making good some wrong suffered by the applicant party. This can only really be done where the wrong can be regarded as torts rather than contract breaches.

The landlord would have to show that he suffered some loss over and above the withholding of the rent itself in order to be awarded damages greater than the value of the arrears for it.

I am sorry but this is BS. It is clear from some determination orders that exemplary damages are awarded against LL with a worrying frequency! Especially lately the situation has worsened considerably. I have seen very few cases where exemplary damages were awarded against tenants that were persistent in breaching their obligations. Landlords are usually only compensated for costs that can be proven with receipts or invoices (and even in these cases some biased adjudicators are choosy to the extreme in what they wish to allow), while I seriously doubt the OP had to present any. The RTB is a tenants board and is part of thr problem of a dysfunctional rental market. The fact that is going to be given more powers from the govvie is deeply worrying! Of course you being on a civil service legal team and risking nothing will not see it this way.

Subutai

GGTrek wrote: »

I am sorry but this is BS. It is clear from some determination orders that exemplary damages are awarded against LL with a worrying frequency! Especially lately the situation has worsened considerably. I have seen very few cases where exemplary damages were awarded against tenants that were persistent in breaching their obligations. Landlords are usually only compensated for costs that can be proven with receipts or invoices (and even in these cases some biased adjudicators are choosy to the extreme in what they wish to allow), while I seriously doubt the OP had to present any. The RTB is a tenants board and is part of thr problem of a dysfunctional rental market. The fact that is going to be given more powers from the govvie is deeply worrying! Of course you being on a civil service legal team and risking nothing will not see it this way.

The RTB don't generally award exemplary damages. I say generally only because I've not read every Tribunal Report, the case may be that they never award them. Certainly I've never seen that, and I've read the bulk of their Tribunal Report cases. You are confusing exemplary and aggravated damages.

Like many landlords, I have a job as well as renting out a property. The fact that I do not share your victim complex is not indicative of my not having skin in the game.

Claw Hammer

GGTrek wrote: »

I am sorry but this is BS. It is clear from some determination orders that exemplary damages are awarded against LL with a worrying frequency! Especially lately the situation has worsened considerably. I have seen very few cases where exemplary damages were awarded against tenants that were persistent in breaching their obligations. Landlords are usually only compensated for costs that can be proven with receipts or invoices (and even in these cases some biased adjudicators are choosy to the extreme in what they wish to allow), while I seriously doubt the OP had to present any. The RTB is a tenants board and is part of thr problem of a dysfunctional rental market. The fact that is going to be given more powers from the govvie is deeply worrying! Of course you being on a civil service legal team and risking nothing will not see it this way.

RTB do not award exemplary or aggravated damages per se. They award damages based on the level of inconvenience, distress and upset caused by the breach of landlord obligations. Some wrongful evictions are seen as technical and give rise to low awards and others are seen as highly blameworthy and give rise to higher damages awards.

GGTrek

I do not need lectures on RTB adjudications from anyone and I have no victim complex since I have always been fighting hard for my businesses. I have read plenty of Tribunal decisions too and personally went through 6 RTB adjudications which definitely shaped my opinion over the years due to the sizeable number of tenants I have had. The hearings and the direct contact with adjudicators and RTB officers have strongly shaped my view about the lack of impartiality of the RTB where a few of the officers are previous Threshold employees or managers and the adjudicators instead of being impartial judges provide legal advice and legal strategy to the tenant in my face at the hearing knowing full well the tenant has breached a ton of obligations. I am closing down the Irish real estate business mostly due government interference and not having the willingness anymore to deal again with the RTB kangaroo court. When I have some time I shall dig out some of the most scandalous Tribunal decisions.

garhjw

Claw Hammer wrote: »

RTB do not award exemplary or aggravated damages per se. They award damages based on the level of inconvenience, distress and upset caused by the breach of landlord obligations. Some wrongful evictions are seen as technical and give rise to low awards and others are seen as highly blameworthy and give rise to higher damages awards.

Have to disagree based on my experiences and this of a family member. RTB pulling €5k compensation numbers out of their a*s for nothing. Ended up in court to get it overturned after RTB appeal unsuccessful.

Claw Hammer

garhjw wrote: »

Have to disagree based on my experiences and this of a family member. RTB pulling €5k compensation numbers out of their a*s for nothing. Ended up in court to get it overturned after RTB appeal unsuccessful.

you can only appeal to the High Court on a point of law. Only 1 or 2 landlords who are either receivers or reits have ever done so. Quantum is not a point of law.

GGTrek

Claw Hammer wrote: »

you can only appeal to the High Court on a point of law. Only 1 or 2 landlords who are either receivers or reits have ever done so. Quantum is not a point of law.

No need to go to High Court for quantum. If trying to enforce the RTB decision through the District Court the amount of damages can be reviewed by the court.

Claw Hammer

GGTrek wrote: »

No need to go to High Court for quantum. If trying to enforce the RTB decision through the District Court the amount of damages can be reviewed by the court.

No it can't. The District Court cannot review the amount of damages. It can only decline to make the order sought. The Court cannot substitute its own quantum.

Graham

Mod Note

Thread split.

Interesting topic, it should probably have a thread of its own.