PRTB - can you go to court rather than the PRTB

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Bronte

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It seems the process of going through the PRTB can be a waste of time, can one go directly to court to evict a tenant or does one have to go through the PRTB. Also would one be better off financially by illegally evicting a tenant for unpaid rent and getting in a new tenant, meantime waiting for the PRTB to make an order of say 20K against you for the illegal eviction but you are not down 2 years rent waiting for the PRTB 'decision.' This is in light of the fact that since the PRTB has arrived it seems tenants have a newfound sense of entitlement to just stay in a property rent free for a couple of years in the knowledge that when the PRTB rules in the landlord's favour it means nothing.
 
Also would one be better off financially by illegally evicting a tenant for unpaid rent and getting in a new tenant, meantime waiting for the PRTB to make an order of say 20K against you for the illegal eviction but you are not down 2 years rent waiting for the PRTB 'decision.'
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Can you not just inform the tenant that you need them to vacate because you need to renovate the house?
Then just paint a few rooms and get someone else in.

I would be inclined to go the illegal eviction/fine route rather than have no rental income for two years.
 
I'm talking about the situation where you can't get the tenant to leave. I was just trying to work out the financials. Personally I'd probably pay a tenant to leave.
 
I spoke to the PRTB about our case and they said they have replaced the courts system when I asked about my contacting my solicitor to recover losses from our tenant.

The Joe Duffy show had landlords on on Wednesday telling their stories about how the law is not on their side and tenants are getting away with so much.

It is a good platform to raise awareness of this problem which seems to becoming more widespread.

Maybe contact them and see if they will do a further show on it and get the PRTB on to explain themselves.

We are also going to raise the problem with a local TD.

Something has to change as the law is unbalanced at present but I think it will only change by applying pressure to the powers that be.
 
leghorn said:
Can you not just inform the tenant that you need them to vacate because you need to renovate the house?
Then just paint a few rooms and get someone else in.
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There are minimum time scales involved in servicing notice - which increase based on the amount of time that your tenant has been in the house.
Also, if the house is put back on the market within 6 months, it must be reoffered to the original tenant before it is offered to anyone else.
 
As the PRTB is an arbiration service which you are forced to sign up to it is unlikly you can go to court until you have at least tried to go down this route. Courts are not inclined to get involved in a case where people initially agreed to arbitration as the method of any dispute resolution
 
kkelliher said:
As the PRTB is an arbiration service which you are forced to sign up to it is unlikly you can go to court until you have at least tried to go down this route. Courts are not inclined to get involved in a case where people initially agreed to arbitration as the method of any dispute resolution
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So that would mean that if you are not registered with the PRTB you can go directly to court and bypass the PRTB?
 
I would say yes in theory, but to be confirmed, however its illigal not to register and court would prob not deal with you as a result.

You would not be intitled to write off interest on your mortgage against rent as its illigal not to register.

The overall idea of PRTB was to make a streamlined system specifically for this issue but like the PIAB (Personal injury assessment board) it has not worked out as planned due to under resourcing
 
Not every landlord has a mortgage so they won't care about being registered for the PRTB. But maybe it is illegal to not be registered, not sure about that. I don't agree about the PRTB not being any good due to underfunding, it was ill thought out and is incompetent.
 
bronte

I do know that one of the bottlenecks in the PRTB is access to mediators and also staff for processing the applications. This has not changed sinces its introduction where it could take 3 to 4 months just to actually process the application.
 
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