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PRTB Adjudication - what to submit?

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  • 26-02-2013 10:33am
    #1
    Registered Users Posts: 42


    Thanks for all the info already on Boards about the PRTB adjudication process – it’s been a big help already!

    I have an adjudication for a deposit dispute coming up next month and I am just wondering what to submit before it happens. I am going to submit all the pertinent emails and receipts from myself and my former landlord but I have another ‘statement’ document written outlining why I chose to bring the case to the PRTB which I’m not sure whether to submit or just bring on the day. It goes in to detail on the various items on a large bill that my landlord gave me, and reasons I am refuting responsibility for most of the items.

    I know that both parties get to see what is submitted before they turn up. On the one hand, I’m worried taht if I don’t submit my entire statement that I won’t have an opportunity to say all I need to on the day (or worried I’ll forget a point because I am nervous!).

    On the other hand, although my former landlords know my reasons for bringing them to the PRTB, I don’t necessarily want them to review my statement beforehand. I don’t mean to be secretive or hold anything back (I feel I have a strong case and evidence to get my deposit returned) but I’m afraid of the lengths that my former landlords will go to to keep the deposit and so I don’t exactly want to help them devise comebacks or twist the meaning of my points.

    From what I understand, the adjudicator asks each party a series of questions, but is there any time given before then for a statement to be made? If so, for how long? Also, are you given the opportunity to refute things that they other party say?

    Any thoughts?

    Thanks a mil everyone.


Comments

  • Registered Users Posts: 7,879 ✭✭✭D3PO


    submit everything in advance. sounds like your deposit was witheld in part for damage caused to the property going by the way you have worded the above post.

    make sure you submit all your photos aswell as any other documentary evidence you have.


  • Registered Users Posts: 42 Shelka


    Thanks D3PO. Good advice.

    There are some items of damage listed on the bill - things the landlord claims needed to be repaired/replaced but which I know were not repaired/replaced - and then some other re-letting costs that are either exaggerated or simply made up by the landlord.
    So my case is largely proving that he either didn't pay for things on the bill, or if he did, they were unnecessary costs.
    He lied and exaggerated on the bill, but he doesn't necessarily know I know this. So that is why I'm hesistant to submit my statement.

    But I am leaning towards submitting it all. If the landlord knows it all in advance, I guess it doesn't make my statement less true or less strong...


  • Registered Users Posts: 747 ✭✭✭littleredspot


    I was involved in a hearing recently. I found the adjudicator to be very personable and reasonable. She was keen to put everyone at ease. She acted very much like a mediator who happened to be proficient in the laws surrounding tenancies.

    If you are nervous about forgetting something write down the points you want to mention and bring them with you, you will have time to consult it. (I did this)

    I would submit the details, if they are truthful and you have proof then you have nothing to fear. I'd be surprised if your ex landlord even turns up as it sounds like he is chancing his arm. Good luck with it.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    Shelka wrote: »
    Thanks D3PO. Good advice.

    There are some items of damage listed on the bill - things the landlord claims needed to be repaired/replaced but which I know were not repaired/replaced - and then some other re-letting costs that are either exaggerated or simply made up by the landlord.
    So my case is largely proving that he either didn't pay for things on the bill, or if he did, they were unnecessary costs.
    He lied and exaggerated on the bill, but he doesn't necessarily know I know this. So that is why I'm hesistant to submit my statement.

    But I am leaning towards submitting it all. If the landlord knows it all in advance, I guess it doesn't make my statement less true or less strong...

    submit it in advance if you dont it could come accross as you making excuses on the day. I get from your post that you seem to accept some of the things are your responsibility but your dispute is with the charges ?


  • Registered Users Posts: 42 Shelka


    Hi littleredspot. Thanks for the post. Its good to know I can bring my notes to consult.

    Hi D3PO. Yeah, I am more than happy to accept responibility for anything that the landlord had to actually pay for as a result of the condition I left the property in
    - for example if a landlord has to get a house/apartment professionally cleaned or a broken item fixed which a tenant broke, then by all means they should keep a portion of a tenant's deposit to cover this - but keeping a deposit for made-up stuff is not fair.
    My dispute is with anything, claims of damage or charges, that are untrue.

    I will be submitting everything. Thanks for the advice everyone people!


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  • Registered Users Posts: 2,075 ✭✭✭Rasmus


    Submit everything beforehand (online) and then bring copies with you to the hearing. Regarding your concerns about the LL seeing your submissions beforehand - that is only fair as you also get to see what they have submitted.
    They cannot bring any new evidence to the hearing, same goes for you.

    In response to this: From what I understand, the adjudicator asks each party a series of questions, but is there any time given before then for a statement to be made? If so, for how long? Also, are you given the opportunity to refute things that they other party say?
    There is plenty of time to make statements before and after the questions. You are not allowed to interrupt when it is the other party's 'turn' but you will adequate time and space to assert your claims.
    The hearing will take as long as it takes - in my case, we were in there for 3.5 hours, but it also involved an estate agent.
    Hope it goes well for you - it will be good to put this behind you. I found the PRTB to be professional and a lot more efficient than I expected, given everything I read on boards!


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    Shelka wrote: »
    Hi littleredspot. Thanks for the post. Its good to know I can bring my notes to consult.

    Hi D3PO. Yeah, I am more than happy to accept responibility for anything that the landlord had to actually pay for as a result of the condition I left the property in
    - for example if a landlord has to get a house/apartment professionally cleaned or a broken item fixed which a tenant broke, then by all means they should keep a portion of a tenant's deposit to cover this - but keeping a deposit for made-up stuff is not fair.
    My dispute is with anything, claims of damage or charges, that are untrue.

    I will be submitting everything. Thanks for the advice everyone people!

    let us know how you get on.


  • Registered Users Posts: 42 Shelka


    I'll be sure to post after my adjudication at the end of March. Thanks!


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