Landlord is keeping deposit *and* billing us €10k
- Thread starter newbieineire
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dahamsta
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Well done OP. Don't let him away with the €2.1k now, hound him and the PTSB for it if he doesn't pay within 7 days.
The "dirty oven" thing seems like a common tactic, my scumbag landlord in Ladysbridge tried the same thing when I moved out.
The "dirty oven" thing seems like a common tactic, my scumbag landlord in Ladysbridge tried the same thing when I moved out.
newbieineire
Registered User
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Thanks a lot for your kind words everyone. 
Unfortunately, this isn't over yet, as I anticipated. Just got the appeal form from the PRTB this morning. Tribunal hearing hasn't been set yet. Landlord is appealing because he says that the adjudicator was biased and that there are many discrepancies between facts and findings. We are more confident now, but I really wish this was over with.
Will keep you posted ...
Unfortunately, this isn't over yet, as I anticipated. Just got the appeal form from the PRTB this morning. Tribunal hearing hasn't been set yet. Landlord is appealing because he says that the adjudicator was biased
and that there are many discrepancies between facts and findings. We are more confident now, but I really wish this was over with. Will keep you posted ...
newbieineire
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Hi folks,
I was just thinking the other day that it's been a year since I came here and posted for advice. Thank you so much. The response I got really helped us.
Sadly, we're not out of the woods yet. The tribunal was held at the beginning of December last year and we have not heard the decision made. My husband attended on his own and he was told that the adjudication hearing outcome had no relevance whatsoever and would not be taken into account at all. The landlord's absence to the adjudication hearing was not relevant either, so it was all "a blank slate". He was quite baffled to hear that.
Landlord turned up, said all sorts of lies and exaggerations. My husband let him say his piece, then challenged everything, to which the landlord just resorted to shouting and saying "yer a liar" like a broken record. The tribunal commented that there was a lot of "conflicted evidence" and we're still waiting to hear from them. At this point we would just be at ease if he just kept the deposit and called it quits. There is no way we can pay the €7k he is demanding.
Will keep you posted, hopefully with good news soon.
I was just thinking the other day that it's been a year since I came here and posted for advice. Thank you so much. The response I got really helped us.
Sadly, we're not out of the woods yet. The tribunal was held at the beginning of December last year and we have not heard the decision made. My husband attended on his own and he was told that the adjudication hearing outcome had no relevance whatsoever and would not be taken into account at all. The landlord's absence to the adjudication hearing was not relevant either, so it was all "a blank slate". He was quite baffled to hear that.
Landlord turned up, said all sorts of lies and exaggerations. My husband let him say his piece, then challenged everything, to which the landlord just resorted to shouting and saying "yer a liar" like a broken record. The tribunal commented that there was a lot of "conflicted evidence" and we're still waiting to hear from them. At this point we would just be at ease if he just kept the deposit and called it quits. There is no way we can pay the €7k he is demanding.
Will keep you posted, hopefully with good news soon.
That's very interesting. So a landlord can not bother to show up to an adjudication hearing and that doesn't matter because he can appeal it. Effectively one can have (so far) two goes with the PRTB. More than a year has passed. No decision, and no money either way.
Could you tell us exactly what the landlord said and what your husband's defense was. Also what documentary proof was provided by either side.
It does not look good if the tribunal said the evidence was 'conflicted.' I guess that means they are going to have to decide who is telling the truth.
Did the landlord have his solicitor there. Wonder would that make the 'tribunal' very careful on how they decide the case.
Thanks for keeping going with the updates. I wouldn't get your hopes up on a decision even if in your favour, I've a feeling this landlord hasn't a notion of paying up and the PRTB so far as I can tell will then leave you with a decision that is worthless.
Could you tell us exactly what the landlord said and what your husband's defense was. Also what documentary proof was provided by either side.
It does not look good if the tribunal said the evidence was 'conflicted.' I guess that means they are going to have to decide who is telling the truth.
Did the landlord have his solicitor there. Wonder would that make the 'tribunal' very careful on how they decide the case.
Thanks for keeping going with the updates. I wouldn't get your hopes up on a decision even if in your favour, I've a feeling this landlord hasn't a notion of paying up and the PRTB so far as I can tell will then leave you with a decision that is worthless.
God that's shocking. I recently had tennants move out of a house and they had broken the oven door by accident which can't be replaced, left loads of rubbish in the garden, broken a latch on a window, a door handle off the door, the hose off the bath, taken down a blind which they never replaced and we had to paint the whole house costing the best part of a grand... I gave them back every penny of their deposit and thanked them for being good tennants which they had been in my opinion. Normal wear and tear is expected and I think this Landlord needs to be kicked into reality !
newbieineire
Registered User
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Last update to the saga, folks.
PRTB Determination Order received at the beginning of May. Landlord gets awarded €2,975 in alleged damages to the property. Of those, €1,200 are for a new sofa, of which he only presented a quote that said "furniture", never a receipt, €700 for brand new chairs, which we are ok with and we had offered to pay for in the first place, and the remainder is for painting and cleaning the property.
So the landlord didn't bother turning up to the adjudication order, just appealed and things turned in his favour. I am absolutely disgusted with the PRTB that they can change their opinion to a complete opposite in a couple of months time. We could appeal to the High Court but legal expenses would be much more than the €875 we have to pay (he has the €2100 deposit).
We have sent him a cheque, recorded post (he is capable of cashing it and saying we didn't send him anything) and we are requesting a receipt. I made copies of the letter and the cheque.
We were very upset about it but I suppose it would have been worse if he had been awarded the €10k he wanted. I am surprised he didn't appeal - it seems he is in his element at court. He is facing €88,000 in legal expenses after suing someone he had a drunken row in a golf course 7 years ago. Lovely man.
So that's that - you see, the PRTB will not always favour tenants.
Thanks for all your input.
PRTB Determination Order received at the beginning of May. Landlord gets awarded €2,975 in alleged damages to the property. Of those, €1,200 are for a new sofa, of which he only presented a quote that said "furniture", never a receipt, €700 for brand new chairs, which we are ok with and we had offered to pay for in the first place, and the remainder is for painting and cleaning the property.
So the landlord didn't bother turning up to the adjudication order, just appealed and things turned in his favour. I am absolutely disgusted with the PRTB that they can change their opinion to a complete opposite in a couple of months time. We could appeal to the High Court but legal expenses would be much more than the €875 we have to pay (he has the €2100 deposit).
We have sent him a cheque, recorded post (he is capable of cashing it and saying we didn't send him anything) and we are requesting a receipt. I made copies of the letter and the cheque.
We were very upset about it but I suppose it would have been worse if he had been awarded the €10k he wanted. I am surprised he didn't appeal - it seems he is in his element at court. He is facing €88,000 in legal expenses after suing someone he had a drunken row in a golf course 7 years ago. Lovely man.
So that's that - you see, the PRTB will not always favour tenants.
Thanks for all your input.
Why?
recently had my property rented and tenant moved out without notice leaving 60 bags of rubbish in the garage, urine soaked mattress and chairs, front door left ajar ... the list goes on. Can't belive you had to pay. We reported this to garda, social welfare, council etc and this person was given a brand new house to move in to while I was left to foot the bill to redo the house, replace the furniture etc. Not getting one cent from anyone!
I would expect general wear and tear from any house. You should not be charged for painting as this should be done when tenants move out after 2 years anyways.
I would expect general wear and tear from any house. You should not be charged for painting as this should be done when tenants move out after 2 years anyways.
That's quite an amazing turn around in decision. Thanks for posting back. Did you query the quote for the sofa, you never mentioned that there was damage to the sofa in the first post, so I'm wondering where that came from, were you allowed to question that at the hearing. Very surprised that the landlord doesn't have to show receipts. How did he show the sofa was damaged. What happened the 5K painting quotation as the painting and cleaning now amounts to about 1100, which would be a reasonable amount to paint a house. Did the PRTB reject his figures or did he change his figures from the first hearing?
Sorry things didn't go your way. You've been of immense help to landlords and tenants with this post.
I've seen the PRTB give costs for tenants goods in a similar way where a LL has cleared out an property either as an illegal eviction. Even where it seemed the property was abandoned. But LL or tenant I don't think either should be a valid claim without a receipt. and/or photos to back up damage.
Have just read this fascinating account. I am so disgusted that the LL was awarded damages; not the amount he expected to get but nonetheless more than he deserved! How could that possibly happen? It's obvious that he makes a living from fabricating lies and taking people to court. His type belongs in a Charles Dicken's novel. What a scoundrel. I hope he gets is just desserts one of these days!