Dispute Heard at PRTB at very Short Notice(3 weeks)

[bliston]

Hi Just wondering what the time Lag is between a Dispute being logged with PRTB and it being Heard by the PRTB.

Case logged by tenant against me with PRTBon Monday 2-Feb-2015 and Case is due to be heard on 20-feb-2015 in Cork . This is very short notice as I believe I will have to have all relevant documentation loaded up to PRTB website 10 days before Hearing . So that basically gives me up to next Monday to prepare a proper defence, which is really unfair . Going by what i have read it usually takes at least 6 months.

Dont know why it is so fast , Tenant is not being evicted but decided to bring case against me as he says rent agreed back in September is now too high and wants it lowered.

Must have been a sudden drop in case load for PRTB to have this case heard so quickly .

A few late nights ahead of me to prepare documentation . O the Joys of being a Landlord .

Regards

 

[facetious]

Without knowing all the facts, but I would suggest that the case would be thrown out as any rent increase dispute must be made with the PRTB before the increase commences.

RTA 2004 Section 22
(3) Where that condition is satisfied [a valid notice is served], a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—
(a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or
(b) the expiry of 28 days from the receipt by the tenant of that notice, whichever is the later.​

If the tenant has suddenly decided that the new rent is above the market rate but has been paying the increase, then he initially accepted the increase.

Was this agreement with a tenant already in place or a new tenant?
When was the previous increase or rent set.
Did you serve a valid notice of the rent increase?
Was the increase negotiated or just accepted by the tenant.