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bringing to court ex landlord

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  • 21-11-2018 9:00pm
    #1
    dccaresuckers
    Registered Users Posts: 132 ✭✭


    I'm planing to bring to court my ex landlord as he is renting the house were I used to live until he kicked me out because he was going to sell.
    does any one have any experince with this kind of situation? any legal advice
    beacuse of him I wil have to move again as my new landlord is going to sell himself .im very pissed off as everyone could imagine. :mad::mad:
    Tagged:


Comments

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    #2
    Victor
    Registered Users Posts: 78,241 ✭✭✭✭Victor


    You need to go through https://www.rtb.ie/ first.


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    #3
    mikemac2
    Registered Users Posts: 2,926 ✭✭✭mikemac2


    Follow the process

    Don't be wasting money on solicitors.


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    #4
    dccaresuckers
    Registered Users Posts: 132 ✭✭dccaresuckers


    I'm going to speak first with threshold. i was there when my termination notice was isued and they told me to follow up the case and then they will help me with the legal procedures and they would help me to brig this into court.
    Do you think they will help me with the cost of the process? they may offer this services
    of ccourse i will bring this to prtb, but i assume I wont get anything for doing it. landlord may be fined and thats it.
    I will have to move for 2 years in a row when I have been a good tenant.
    a binding contact is a binding contract, i f you dont sell you should response for it.


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    #5
    circular flexing
    Registered Users Posts: 2,584 ✭✭✭circular flexing


    All disputes regarding tenancies have to go through RTB. You can apply to the court for enforcement of an RTB order but you can’t go straight to court without going through RTB first.


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    #6
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    circular flexing wrote: »
    All disputes regarding tenancies have to go through RTB. You can apply to the court for enforcement of an RTB order but you can’t go straight to court without going through RTB first.
    You can if you want.


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  • Options
    #7
    circular flexing
    Registered Users Posts: 2,584 ✭✭✭circular flexing


    4ensic15 wrote: »
    You can if you want.

    Section 182 (1) of Residential Tenancies Act 2004 disagrees.


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    #8
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    circular flexing wrote: »
    Section 182 (1) of Residential Tenancies Act 2004 disagrees.

    No it doesn't.


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    #9
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    You need to go through proper channels first. First line is RTB


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    #10
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    4ensic15 wrote: »
    You can if you want.

    Yes, from experience. Nothing to stop you. RTB is one means to enforce laws, court is another. There is no conflict of interests. Just costs less via RTB which is great but not mandatory


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    #11
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    Graces7 wrote: »
    Yes, from experience. Nothing to stop you. RTB is one means to enforce laws, court is another. There is no conflict of interests. Just costs less via RTB which is great but not mandatory

    How come the Judge refused to entertain the claim in this case?
    http://www.courts.ie/Judgments.nsf/0/36B3EBDF059A5BE1802578380040FDB5


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    #12
    CPTM
    Registered Users Posts: 1,296 ✭✭✭CPTM


    Just to throw in a different idea.. Has any contact been made with the landlord directly? If they know they're in the wrong, and what actions you're planning to take, you two might reach a deal without having to go through any legal system.


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    #13
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,619 Mod ✭✭✭✭L1011


    4ensic15 wrote: »
    No it doesn't.
    Can you provide something more substantial than that statement?


  • Options
    #14
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    CPTM wrote: »
    Just to throw in a different idea.. Has any contact been made with the landlord directly? If they know they're in the wrong, and what actions you're planning to take, you two might reach a deal without having to go through any legal system.

    The landlord is always wrong😂


  • Options
    #15
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    L1011 wrote: »
    Can you provide something more substantial than that statement?

    He didn't make the original claim.

    Don't see how this allows you to skip RTB as I can't see damages being over 20k.


    182.—(1) On and from the commencement of Part 6, proceedings may not be instituted in any court in respect of a dispute that may be referred to the Board for resolution under that Part unless one or more of the following reliefs is being claimed in the proceedings—

    (a) damages of an amount of more than €20,000,

    (b) recovery of arrears of rent or other charges, or both, due under a tenancy of an amount, or an aggregate amount, of more than €60,000 or such lesser amount as would be applicable in the circumstances concerned by virtue of section 115 (3)(b) or (c)(ii).


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    #16
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    runawaybishop wrote: »
    He didn't make the original claim.

    Don't see how this allows you to skip RTB as I can't see damages being over 20k.


    182.—(1) On and from the commencement of Part 6, proceedings may not be instituted in any court in respect of a dispute that may be referred to the Board for resolution under that Part unless one or more of the following reliefs is being claimed in the proceedings—

    (a) damages of an amount of more than €20,000,

    (b) recovery of arrears of rent or other charges, or both, due under a tenancy of an amount, or an aggregate amount, of more than €60,000 or such lesser amount as would be applicable in the circumstances concerned by virtue of section 115 (3)(b) or (c)(ii).

    You don't need to get that amount in damages, just claim it.


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    #17
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,619 Mod ✭✭✭✭L1011


    And your case will be thrown out when it's clear you're grossly inflating damages to avoid the RTB


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    #18
    tvjunki
    Registered Users Posts: 601 ✭✭✭tvjunki


    We need more information.
    If the landlord gives you notice to leave and you have moved out and then decides to not sell they just have to offer the property back to you. People's situation can change. You will not get compensation in this case. You can move back if you want.


    if the landlord put the house up for sale then they don't have to offer it back to you. They may not get what they are looking for so decided to re let.

    if you want stability in your accommodation then maybe try to buy.
    Going to rtb can be very stressful and you may not get the outcome you want. A lot of time and effort for very little.

    Threshold may give you other advice but it is not always correct.
    Getting annoyed because you have to move will not help. Life is too short.


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    #19
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    The OP should go to RTB. Nothing really to lose.

    Maybe if there was not RPZ the landlord would have been happy to simply raise the rent a bit.
    As they had been previously been happy with a lower rent.


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    #20
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    L1011 wrote: »
    And your case will be thrown out when it's clear you're grossly inflating damages to avoid the RTB

    That is not grounds to throw out a case.


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    #21
    antoinolachtnai
    Registered Users Posts: 9,773 ✭✭✭antoinolachtnai


    4ensic15 wrote: »
    That is not grounds to throw out a case.

    If you win you will still have to pay the other side’s costs at circuit court level though, unless you win more than the threshold.

    Take detailed advice from a solicitor before doing this.


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    #22
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,619 Mod ✭✭✭✭L1011


    4ensic15 wrote: »
    That is not grounds to throw out a case.

    A case taken under false pretenses can't be thrown out?

    You have a very odd concept of the law.


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    #23
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    L1011 wrote: »
    A case taken under false pretenses can't be thrown out?

    You have a very odd concept of the law.

    There is nothing known to law about a case taken under false pretences. Damages are claimed. The case is heard. If the court finds for the claimant it awards damages which may or may not be the sum claimed.


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    #24
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,619 Mod ✭✭✭✭L1011


    The case is heard, it becomes clear that you're taking the mick. You end up paying the defence costs.

    Rather stupid approach, isn't it?

    This is one of these cases where even if something is possible it isn't going to get any useful result and realistically is worse in every single way than doing it the right way. Effectively the worst 'advice' you could possible give someone.


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    #25
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Claw Hammer wrote: »
    How come the Judge refused to entertain the claim in this case?
    http://www.courts.ie/Judgments.nsf/0/36B3EBDF059A5BE1802578380040FDB5

    I cannot comment on any case but the one we took against a former landlord via court without recourse to RTB. Successfully


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    #26
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Graces7 wrote: »
    I cannot comment on any case but the one we took against a former landlord via court without recourse to RTB. Successfully

    What court was it? Did the landlord contest jurisdiction? How much was claimed and was it before the coming into force of the RTA in 2005?


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