Failed RTB Mediation

Slick666

Hi,

Has anyone any knowledge on this situation? I posted before about our landlord not giving us back our deposits so we had to go to the RTB. We had a mediation and at the end we reached a successful outcome - we agreed to give the landlord €100 each from the deposit so in total €400 ( I didn't believe he was entitled to anything but I just wanted it over with ). So he signed a paper to say he'd deposit the remaining deposit into my account by such a date say X. We also signed to say we were happy with the outcome so happy days its over. NOT! He had 2 weeks to deposit the money and the date X came and went. He didn't put the money in!! We couldn't believe it. So now we have to fill in a load of forms again for the RTB to 'pressure' him to pay it back otherwise its small claims court I believe. He was a horrible landlord ( he dealt with an agency and they were horrible too). He never did any update to the house in 10 years of living there and didn't fix heating for ages in the depth of winter so we didn't have hot showers either, the list is long.

Anyways does anyone know where we might stand with this if it goes to small claims court which looks like it probably will. Someone said he is stalling and just wants us to waste money on going to court etc ( he is actually very well off).He signed a document to state he would pay it back by X date but didn't pay it back so has he put liability on himself to say we are entitled to our deposit back as he signed the document? Its so frustrating, all for a few hundred euro. But at this stage for me anyways its not about the money, its the principle of him thinking he can just keep our money and treat us like we will just roll over and take it! Hell no. Sorry for the long post and any input will be greatly appreciated.

antoinolachtnai

What exactly did the RTB say? What does the form they asked you to fill out say? The detail is important here.

Did they specifically mention the Small Claims Pricedure?

Slick666

I need to get what exactly is on the form they signed as my friend has it. Once I have it again il let you know.

So the first form filled in after the failed mediation is a 'Enforcing of Mediation order' which means the RTB will try again to get the LL to pay. If that fails ( which I know it will ) the RTB said we are entitled to apply for RTB legal assistance with enforcing the document if the opposing party fails to comply with its contents, once received.

I'm guessing if the legal assistance thing is the small claims court, Im not sure.

So the sequence of events -->

1. LL failed to give back deposit so we contact RTB and mediation is successful ( or so we thought)
2. LL and 1 person from the house fills in a form to say all parties are happy and sign a form saying so (the form I need to get from friend)
4. LL doesn't pay back the deposits by X date so we have to fill in the 'Enforcing of Mediation order'. We are currently at this stage and waiting to hear back from them as we sent the filled in form
5. If the 'Enforcing of Mediation order' fails then we have to apply for legal assistance from the RTB

antoinolachtnai

I think you just have to follow exactly the steps RTB recommends, and follow their instructions exactly.

The small claims procedure is probably not going to be of any help to you.

mrslancaster

The rtb website says there's a 10 day cooling off period when either party can withdraw from the mediation agreement otherwise it goes to a Determination Order which is legally binding. OP I'm just curious to know how this works, but did you have a signed agreement or a Determination Order? Website doesn't mention what happens if one party ignores the DO.

Claw Hammer

mrslancaster wrote: »

The rtb website says there's a 10 day cooling off period when either party can withdraw from the mediation agreement otherwise it goes to a Determination Order which is legally binding. OP I'm just curious to know how this works, but did you have a signed agreement or a Determination Order? Website doesn't mention what happens if one party ignores the DO.

If the Determination Order is not complied with the next stage is the District Court.

Slick666

Current update, so the RTB sent a letter to the LL to state its there is a determination order in pace and he has until the 7th July to pay. If not he will be brought to court as the DO is a legally binding document. I think he will be a fool if he doesnt pay because he agreed to pay during the mediation so the judge will award us the tenants our deposits and the LL wil have to pay the court expenses too. Now this man is sooooo arrogant. He's English and a business man and prob thinks he will get away with not paying us dumb beneath him tenants!! He has another thing coming so he does if he think that. Makes my blood boil.

Toast

Sorry to have bad news but we went through this process before and it took five years before we saw our deposit.

The RTB have limited resources to go chasing things in court for you so you'll go on a waiting list for that privelage. All the time while you wait they will suggest you take the proceedings yourself. Eventually... as I mentioned it was five years later for us.... they will take your case up for you at which point they will go to the landlord and say "we're actually going to court now" and he will pay then (so no additional court fees incurred).

We got our determination in 2009 and our payout finally in 2014. I do not know if the wait time has improved or otherwise but that was our experience. I believe the determination order is tied to the property so during the period it remains unpaid he won't be able to sell so this might encourage him to move quicker it but I think you should prepare for a long wait.

The cost of going to the small claims court is €25.

Why not apply to bring it to the small claims court and the landlord will probably pay up rather than have to deal with the hassle of showing up on the day and explaining himself and if not then one of you shows up to the small claims court on the day with your documents and signed agreement.

Claw Hammer

https://boards.ie/discussion/comment/117631459#Comment_117631459

The Small Claims Court has no jurisdiction to deal with this. The O/p will have to go to the District Court.