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13-02-2020, 13:33   #166
davindub
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Well done Op! Would you mind detailing what the award was for specifically?
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13-02-2020, 14:29   #167
Curious1002
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Well done Op! Would you mind detailing what the award was for specifically?

Thanks!

Here is the exact text:
"The Respondent Landlord shall pay the total sum of €5000 to the Applicant Tenant within 21 days of the date of issue of the Determination Order, being damages of €5000 for the consequences of unlawful terminating the Applicant Tenant's tenancy of the above dwelling".

At the hearing the landlord stated that his buildings are not protected structures and that he can do any refurbishments he wants at any time and to any extent. I proved that they all are protected structures and he needs to apply for permission if he wants to substantially refurbish them. The adjudicator was really annoyed that the landlord stated such a bold lie and everything he said later was pretty much overshadowed by this lie. He withdrew the lie later by saying that he misunderstood the question but i think it was too late already. I also proved by showing the Daft adverts that while he handed me the notice quoting the need of my apt for the kid, he advertised 4 apts on Daft. He told adjudicator that the kid saw my apt, loved my apt and wanted only my apt, not the other available 4. The adjudicator pointed out on the "genuine need" versus "desire". This probably won my case.
There are a few other areas that the adjudicator pointed on in the determination order that, if believed the landlord's version of events, they do not make sense and he pretty much lost the case thanks to himself, I didn't actually do much. In fact, I was quite annoyed myself that I got just a few minutes to "freely" tell my story and then the landlord's lawyers took me in their hands trying to trip me over with their questions. In the report the adjudicator wrote about all the issues at length. I think I got awarded because of the two things - one, that it was 10 long months of my landlord's relentless efforts in getting me out using any excuse in the book. I started selling my furniture in December and got €15 for a cabinet that I paid €120 a year before. I applied for a few Daft adverts but got zero replies, was stressed out and this case affected me quite badly. It took a toll on me especially that the lawyers were sending me threatening letter about me not trying to speak to other tenants or they will sue me, seek injunctions, destroy financially and put me to jail. That letter was awful and the adjudicator was not impressed with it. The second reason why I think got awarded the money was because the adjudicator caught him on lying. He changed the story a few times within just a few minutes and the adjudicator asked him about it. He got all red, stammered, he said he has a hearing problem, even his barrister couldnt save him.

I think the money was a form of a severe punishment for the landlord's actions and possible a warning for him not to do it again. If appealed the amount will probably be dropped to maybe €1000 but he will have to pay to his lawyers, barristers, etc. and all the details would be on a public display. I am not sure if he wants to go that route.

The best accidental thing I did was to upload all my evidence to the RTB website on the last allowable day. I didnt do it purposely, I was trying to put everything in order, put a timeline together associated with each attachment and dropped everything to my dispute file at once.
What happened then was that it gave very little time to the landlord's team to process everything and come up with some reasonable excuse to the mounting evidence. They uploaded all their docs also on the last allowable day (5 days before the hearing) but their evidence and submissions were not based on my evidence. They wrote in their statements something like "as we see, there is zero evidence from a tenant to support his claims", etc. They simply didnt see my evidence before they submitted theirs. Then they got not a nice surprise and had to prepare for the case from scratch reviewing each of 30 separate files I uploaded.

I am happy it's "half" over. Hope they wont appeal and we all can move on with our lives.
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13-02-2020, 14:35   #168
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Well done, the LL sounds like a bully who's used to getting his own way.

Did you report him to Revenue in the end?
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13-02-2020, 18:21   #169
LuckyLloyd
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Sounds like they don’t have a leg to stand on with regards to an appeal. Well done again - it can be distressing and daunting to stand your ground but it is always superior to wishing you had given it a go after the fact.
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13-02-2020, 20:16   #170
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Sounds like they don’t have a leg to stand on with regards to an appeal. Well done again - it can be distressing and daunting to stand your ground but it is always superior to wishing you had given it a go after the fact.
It does sound like the landlord has no right of appeal but in my experience the RTB will allow an appeal no matter what. I was a landlord and tenants were allowed to appeal even though there were no grounds....
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13-02-2020, 20:17   #171
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Sounds like they don’t have a leg to stand on with regards to an appeal. Well done again - it can be distressing and daunting to stand your ground but it is always superior to wishing you had given it a go after the fact.
Unfortunately the RTB seems to allow appeals even if there are no grounds...
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18-02-2020, 12:34   #172
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Well done.
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18-02-2020, 14:51   #173
Claw Hammer
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Originally Posted by garhjw View Post
It does sound like the landlord has no right of appeal but in my experience the RTB will allow an appeal no matter what. I was a landlord and tenants were allowed to appeal even though there were no grounds....
The RTB has no choice but to allow an appeal hearing to proceed. An adjudication is informal, without sworn evidence. It would be completely unfair if they could decide not to allow an appeal to proceed.
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20-02-2020, 21:14   #174
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Hi All, again,
just to let you know that my landlord has just filed an appeal with the RTB. His lawyer sent me another letter yesterday saying that my landlord's daughter who "requires" my apartment for her use is available to meet with me to confirm that she requires to move into my apartment. Weird letter. They give me 7 days to respond. Crazy idea, but i suspect they just want to collect more evidence against me at this stage. I will ignore it just like i did with all previous letters.

So my joy of winning the case against him lasted less than a week. I will see the bunch of them again at the appeal, probably in 1.5-2 months. You are all welcome to attend too, as I heard that Tribunal is open to all.
The case details will be made public so you will read about it in a few months on the RTB website.

It just shows how determined some people are when they want someone out - the cost, the Law, the reputation doesn't matter to them.
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20-02-2020, 21:47   #175
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Yes don't meet the daughter as that is irrelevant to you unless she is disabled and your place is the only place there with disabled access.

Still no need to meet her.
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20-02-2020, 21:59   #176
Curious1002
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Yes don't meet the daughter as that is irrelevant to you unless she is disabled and your place is the only place there with disabled access.

Still no need to meet her.
She is all fine and healthy, checked her out on Linkedin She just tries to help her dad to win the appeal. Every little helps!

The "disability" stuff would have been used at the first hearing so I would be super surprised if they use it now. Plus I live on the 1st floor, stairs up, no lift.

But hey, everything is possible at this stage - i suspect soon I will learn that he is selling my apt. Out of all 50 he will be selling just one and my apt to be exact. He will sell it to his daughter! Ha.

I was wondering why they sent me that letter. They knew I would ignore it. It must be a tactical game and here are my 4 guesses:

1. They try to collect new evidence of how the notice of termination quoting the urgent need of my apt for the daughter is real and genuine. They think that by showing the daughter's involvement in this case now, it will make it more "real and genuine". The daughter didnt show up at the first hearing and she never issued any statement, no emails, no texts of how much she wants my apt, nothing. So now for the appeal they will show the mountain of evidence proving the reason is genuine.

2. In case I agree for the meeting they will record my answers and use them against me at the appeal.

3. To destroy my peace and stop me from feeling happy and secured after my win.

4. To show how unwilling i am to participate in a friendly meeting and how, in their opinion, it proves of how bad/nasty/awful guy I am.
The adjudicator wrote in the determination order that i appear genuine, honest and trustworthy while my landlord appears as untruthful and his evidence unreliable. They now will try to destroy this image and my character at the appeal.
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20-02-2020, 22:01   #177
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I think you should ask the mod to merge the two threads - you are repeating the same information over two threads now.
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20-02-2020, 22:13   #178
Curious1002
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I think you should ask the mod to merge the two threads - you are repeating the same information over two threads now.
I dont know how to do it. The other thread was posted to the legal advice/discussion forum and was about the solicitor's threatening letter I got 4 weeks ago. I was asking what to do with it and needed a specific legal advice.

This thread was started back in November 2019 when I got my last Notice of Termination and relates to the entire case.

Dont know if merging 2 threads would work.

Moderators, can you advice?
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20-02-2020, 22:25   #179
Graham
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Mod's can't generally merge threads in different forums, unless they are moderators of both forums.

While we generally wouldn't condone cross-posting (multiple threads on the same topic), it appears to have occurred quite naturally in this instance and is appropriate to both audiences so I'm inclined to leave as is if the OP is happy to continue.
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20-02-2020, 22:40   #180
Curious1002
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Mod's can't generally merge threads in different forums, unless they are moderators of both forums.

While we generally wouldn't condone cross-posting (multiple threads on the same topic), it appears to have occurred quite naturally in this instance and is appropriate to both audiences so I'm inclined to leave as is if the OP is happy to continue.
Many thanks, Graham. Happy to leave the 2 threads as they are.
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