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RTB impending hearing

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  • 24-02-2019 5:36pm
    #1
    December2013
    Registered Users Posts: 60 ✭✭


    My old landlord is taking me to the RTB hearinv due to my "failure or obligations as a tentant"
    Any who
    she believes it is more than wear and tear damage done to her property
    she evicted me with 30 days to get out
    rent was due on the 1st I paid it on the 3rd(evicted)....
    House was left clean and tidy. even cleaned the carpet...
    She has failed her obligations a few times and I let it go. e.g. a boiler not serviced (this was after 2 years and 8 months of tenacy)
    when i text her to have it done it wasnt and then the boiler blew leaving the whole house in a kerosene burned smell was out of the house for 15 days no compensation or deduction of rent
    no carbon monoxide alarm
    no chimneys cleaned

    I dont want to cause trouble . she has withheld my deposit so should I bring my issues forward now as i dont feel it is fair and I have enough stress without this


Comments

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    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    I wouldn't worry too much about it. You should definitely fight your corner, especially over the deposit.


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    #3
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    Sounds like one clueless LL.

    30 days notice for rent being two days late.

    Silly silly LL.


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    #4
    dennyk
    Registered Users Posts: 1,650 ✭✭✭dennyk


    She can't unilaterally evict you for rent being two days late; if there are arrears, the landlord must provide a 14-day notice to correct the arrears. Only if you didn't pay the full amount owed within those 14 days could she then serve you a 28-day notice to vacate. Unfortunately if you voluntarily left within her illegal notice period, it might be harder to pursue her for damages after the fact, but it's not impossible if you incurred any expenses due to her illegal eviction (e.g. short term housing costs due to not being able to secure a new long-term rental in time). Either way, you probably stand a decent chance of getting your deposit back, assuming you didn't leave the place in a state. File your own complaint with the RTB and bring all of the pictures/video you took of the place when you moved out (and the ones you took when you moved in, to show the condition it was in at the time) to the hearing. You might also be able to get some of your rent back for the two weeks you were out of the property for repairs if you add that to your complaint.

    Also, did you say that she is making a complaint to the RTB? She's already failed to return your deposit; is she trying to get more money out of you on top of that? Not very smart of her to do that when she hasn't been following the laws herself; that's not likely to go well for her at all, I'd wager.


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    #5
    JJJackal
    Registered Users Posts: 1,016 ✭✭✭JJJackal


    December2013 wrote: »
    My old landlord is taking me to the RTB hearinv due to my "failure or obligations as a tentant"
    Any who
    she believes it is more than wear and tear damage done to her property
    she evicted me with 30 days to get out
    rent was due on the 1st I paid it on the 3rd(evicted)....
    House was left clean and tidy. even cleaned the carpet...
    She has failed her obligations a few times and I let it go. e.g. a boiler not serviced (this was after 2 years and 8 months of tenacy)
    when i text her to have it done it wasnt and then the boiler blew leaving the whole house in a kerosene burned smell was out of the house for 15 days no compensation or deduction of rent
    no carbon monoxide alarm
    no chimneys cleaned

    I dont want to cause trouble . she has withheld my deposit so should I bring my issues forward now as i dont feel it is fair and I have enough stress without this

    Were u evicted because of A)more than normal wear and tear or B)paying rent late?


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    #6
    December2013
    Registered Users Posts: 60 ✭✭December2013


    JJJackal wrote: »
    Were u evicted because of A)more than normal wear and tear or B)paying rent late?

    Rent being late issue of wear and tear only came up since
    this being said LL inspected every 2-3 months


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    #7
    December2013
    Registered Users Posts: 60 ✭✭December2013


    dennyk wrote: »
    She can't unilaterally evict you for rent being two days late; if there are arrears, the landlord must provide a 14-day notice to correct the arrears. Only if you didn't pay the full amount owed within those 14 days could she then serve you a 28-day notice to vacate. Unfortunately if you voluntarily left within her illegal notice period, it might be harder to pursue her for damages after the fact, but it's not impossible if you incurred any expenses due to her illegal eviction (e.g. short term housing costs due to not being able to secure a new long-term rental in time). Either way, you probably stand a decent chance of getting your deposit back, assuming you didn't leave the place in a state. File your own complaint with the RTB and bring all of the pictures/video you took of the place when you moved out (and the ones you took when you moved in, to show the condition it was in at the time) to the hearing. You might also be able to get some of your rent back for the two weeks you were out of the property for repairs if you add that to your complaint.

    Also, did you say that she is making a complaint to the RTB? She's already failed to return your deposit; is she trying to get more money out of you on top of that? Not very smart of her to do that when she hasn't been following the laws herself; that's not likely to go well for her at all, I'd wager.

    Thank you. Interesting to see how it goes


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    #8
    December2013
    Registered Users Posts: 60 ✭✭December2013


    Samuel T. Cogley wrote: »
    I wouldn't worry too much about it. You should definitely fight your corner, especially over the deposit.

    Thank you i plan on it


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    #9
    December2013
    Registered Users Posts: 60 ✭✭December2013


    10pennymixup wrote: »
    Sounds like one clueless LL.

    30 days notice for rent being two days late.

    Silly silly LL.

    let's hope the RTB think so too


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    #10
    December2013
    Registered Users Posts: 60 ✭✭December2013


    I have been reading disputes on the RTB website. Landlords do win and in some cases thousands. This is so wrong.


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    #11
    Dav010
    Registered Users Posts: 14,070 ✭✭✭✭Dav010


    Seems implausible that a landlord would evict because you are 2 days late with rent, are you sure there isn’t more to this?


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    #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    December2013 wrote: »
    I have been reading disputes on the RTB website. Landlords do win and in some cases thousands. This is so wrong.

    The RTB examines each dispute on the merits of the case.
    Some cases are found in favour of the tenant, others in favour of the landlord.
    They are supposed to be unbiased.
    It is absolutely correct that you should find cases where landlords won cases- and similarly- cases where tenants won cases.
    There are good and bad landlords and tenants- the RTB tries to keep everyone on the straight and narrow.


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    #13
    December2013
    Registered Users Posts: 60 ✭✭December2013


    Dav010 wrote: »
    Seems implausible that a landlord would evict because you are 2 days late with rent, are you sure there isn’t more to this?

    no ur right... there always seem to be something Landlord was happy about


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    #14
    Dav010
    Registered Users Posts: 14,070 ✭✭✭✭Dav010


    December2013 wrote: »
    no ur right... there always seem to be something Landlord was happy about

    Such as.


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    #15
    RossieMan
    Registered Users Posts: 6,766 ✭✭✭RossieMan


    Yea no way is this the full story. Want to tell us the real story?


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    #16
    December2013
    Registered Users Posts: 60 ✭✭December2013


    I am telling the real story?


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    #17
    RossieMan
    Registered Users Posts: 6,766 ✭✭✭RossieMan


    Hmm sure. Did you live with the landlord or was it a different house?

    Your story doesn't seem plausible.


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    #18
    December2013
    Registered Users Posts: 60 ✭✭December2013


    I dont understand? No I didn't live with the landlord
    course it doesn't sound plausible I was constantly nagged
    Anyways landlord is selling but I dont want the bill for her remodelling if it was inspected in December and was perfect as they said why this now.....


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