Today they sent a letter stating that unless we can provide them with a current address for said tenant, the case will be closed in two weeks time.
Is this your interpretation of the letter, or, are this crowd actually holding you, with the responsibility for this action to succeed, based on your lack of knowledge, for the whereabouts of an alleged rouge tenant ?.
They have spoken to this person, they are aware she is not co-operating, and you, are held accountable for this...
I must be missing something in the opening post. Im aware they get some criticism, but can it be really this bad.
Unless you are in a position to provide us with a new address for this respondent within 14 days of the date of issue of this letter, we will be unable to process your dispute any further and the Board will deem your application withdrawn.
Hi all.
Had a tenant in situ from July until end of January this year. Disaster from start to finish. Evicted for non-payment of rent. She disputed claiming it was an illegal eviction - it wasn’t, this was a delay tactic on her part. Just before our hearing with the PRTB, she ran. Keys were left at our personal home and damage done throughout the rental property. First tenant for us so naturally we were gutted, broke from servicing mortgage and management fees and of course frustrated.
That was end of Jan. I’ve been chasing the PRTB for the Enforcement Order so we can get payment tagged to her PPS. Today they sent a letter stating that unless we can provide them with a current address for said tenant, the case will be closed in two weeks time. The apparently cannot send out the documentation to one party without sending to the other. They have rung her requesting one, but she tells them she doesn’t have an address to provide.
The tenant hasn’t gone far, she’s living locally in a friends (I see her driving around often, it’s a small town). I know the estate she’s in, but can’t identify which house for an address. Her friend is in a council house and is not supposed to have a lodger or someone staying for more than 3 weeks, so I’d imagine she won’t provide the address because of this - her friend could get in trouble with the council.
Not a cent has been paid of what’s owing (€1,800). We’re not in a financial position to let this go.
Any advice on how we can proceed with getting the documentation from the PRTB without it being posted? Anyone had this happen before?
Here is the letter word for word:
"Dear X,
I refer to your application to the Residential Tenancies Board for dispute resolution services and I wish to inform you that we do not have a current address for the respondent involved in this dispute. We have tried to locate a current address for the respondent and we have been unsuccessful.
In order to find current addresses for parties, we use information from other state bodies available to us under the Residential Tenancies Act 2004, as well as the RTB internal database. We also use public information such as the Land Registry, the Vision-Net Database and other internet sources.
Unless you are in a position to provide us with a new address for this respondent within 14 days of the date of issue of this letter, we will be unable to process your dispute any further and the Board will deem your application withdrawn.
It is regretted that we were not in a position to assist you on this occasion.
Yours sincerely,
XXXXXX
Dispute Resolution Service"
From the RTB website
"
What happens if my contact details change and do not inform the other party or the RTB?
In addition to publically available records, the RTB have data sharing arrangements with a number of public bodies such as the Department of Social Protection and in most cases, can track the current addresses of non-compliant parties.
Any delay as a result of not engaging in the process may lead to additional costs being awarded against a non-compliant party in court."
Have you asked why they are not using these data sharing agreements?
Even if you get an address and get an Enforcement order are you ever likely to get any money? You can get a court order but if they still don't pay the burden of proof is on you to show they have the money and are wilfully refusing to pay.
You should show a bit more initiative if you know the estate she lives in. It cant be that difficult to spot coming from work or the shops and see which house she enters.
My advice? It was only 6 months. You have to suck it up. You will not get costs here. I wouldn't consider it lesson learnt as it's an occupational hazard. (Speaking as someone who's been there)
On principal I'm not willing to let this go - even if it takes years and I have to go to court to get it attached to her PPS, I will.
That pfo letter is an absolute disgrace from a State Body. How does that encourage anyone to play by the rules, when, in doing so, they put the onus of failure at your feet.
On principal I'm not willing to let this go - even if it takes years and I have to go to court to get it attached to her PPS, I will. Driving past my home every day giving smirky looks when she spots us, its so infuriating.
...If more property owners adopted a similar position, these folk who sponge off others may just think twice about their actions.....
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