RTB - Adjudication Hearing

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NY_Resident

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I have an upcoming Adjudication hearing. I am the owner of a rental property and a previous tenant vacated the property leaving substantial rent arrears. Any hot-button areas that the RTB focus in particular on that I should over prepare for? Just looking for any general tips. Thanks.
 
The RTB is more interested in procedure rather than justice.

Make sure you have submitted absolutely every piece of written evidence in support of your case to the RTB.

One issue that they focus on is whether the notice of termination you gave was strictly in line with the guidance.
 
NoRegretsCoyote said:
The RTB is more interested in procedure rather than justice.

Make sure you have submitted absolutely every piece of written evidence in support of your case to the RTB.

One issue that they focus on is whether the notice of termination you gave was strictly in line with the guidance.
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Thanks @NoRegretsCoyote . No termination notice as tenant vacated herself. I am well buttoned up on the procedural aspects. Thanks for advice re detail on evidence, as I was debating keeping it to the main pillars of evidence to make the case easier to navigate through and see the wood from the trees. As evidence for rent paid, if I submit a transaction statement from previous letting agent showing amounts processed, is that sufficient evidence of rent received…..or would I also need to back that up with bank statements showing the net transfers to my bank account from the letting agent?
 
Include any communication from the tenant that they were leaving of their own accord and anything else which supports your position that they ended the tenancy. The tenant could have a different "recollection" now.
 
As a matter of interest, what do you hope to achieve?

An adjudication that she owes you €10,000 rent?

Will you be able to collect it?

Brendan
 
Brendan Burgess said:
I would have thought that, within reason, fair procedure is essential to justice.
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My personal experience is that they are very focussed on narrow procedural issues such as whether notices of termination were correctly dated and the like rather than any kind of "big picture" of how how the tenant or landlord behaved in the round.

Also anything that is borderline will be viewed in favour of the tenant.
 
Brendan Burgess said:
As a matter of interest, what do you hope to achieve?

An adjudication that she owes you €10,000 rent?

Will you be able to collect it?

Brendan
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Two reasons (1) I believe that the tenant does have significant capacity to pay the arrears (mid-level management position in a global MNC), and (2) as a point of principle, I believe it’s important to challenge situations like this.

Then tenant here is very much caught up in the populist narrative of landlords being the bad guys, and how we “all got generous breaks from the banks last year”. Just typing this elevates my blood pressure. So in summary, collection is almost a secondary objective here….though possible as she has a reputation to uphold given professional position etc.
 
NoRegretsCoyote said:
My personal experience is that they are very focussed on narrow procedural issues such as whether notices of termination were correctly dated and the like rather than any kind of "big picture" of how how the tenant or landlord behaved in the round.

Also anything that is borderline will be viewed in favour of the tenant.
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Interesting. I am surprised they are into detail, as in general, they take about 15 days to respond to emails!!
 
NY_Resident said:
Interesting. I am surprised they are into detail,
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I think it was about 3 months from start to finish. There were a few extensions as all of the evidence I submitted to the RTB needed to be shared with the tenants, and vice versa.

NY_Resident said:
(1) I believe that the tenant does have significant capacity to pay the arrears (mid-level management position in a global MNC),
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If successful you will get a binding determination order instructing the tenant to repay you. But if they don't pay it can only be enforced via court proceedings.

The RTB website is a bit unclear on whether they will help you on this. My guess is that they do for tenants but not for landlords.
 
If you are succesful in getting your RTB ruling, be prepared to go to court.

My understanding, from others experience, is that RTB will do nothing to enforce.
 
NY_Resident said:
(1) I believe that the tenant does have significant capacity to pay the arrears (mid-level management position in a global MNC),
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NoRegretsCoyote said:
If successful you will get a binding determination order instructing the tenant to repay you. But if they don't pay it can only be enforced via court proceedings.
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If you get a binding determination, ask them to pay it within 7 days, failing which, you will request their employer to deduct it from their salary. That will probably be quicker than a court route.

Brendan
 
Thanks all - I’m aware of the enforcement challenges. But the possibility of enforcement combined with potential judgements etc, may be enough in this case to “encourage” payment as reputation will be important to this tenant.
 
I had an RTB adjudication hearing in April this year with the tenant overholding . The hearing was virtual .
All evidence had to be submitted 5 days prior with personal information redacted .
All of my paperwork was in order , the tenant submitted nothing
Myself , my property manager and my solicitor all attended via Teams as did the adjudicator.
The tenant was on a phone no video . This put him at a significant loss as he could not see the actions / notes taken .
The tenant had an idea the current anti landlord sentiment would give him an advantage .
The hearing was in my favour and the determination order issued late July.
Since the District Court and my Solicitor are on vacation for August we will take this up again in September.
 
Well done. I'm renting but I hate either party messing the other around.

The tenant was on a phone no video . This put him at a significant loss as he could not see the actions / notes taken .
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Any chance this was a tactic to claim they were denied due process so they can demand an in person rerun?
 
The hearing was held with the travel restrictions and health guidelines in place at the time .

The RTB offered support to try and resolve any issue. If for some reason the issue could not be resolved, and the hearing cold not go ahead, they would reschedule the hearing.

Even then the tenant had 10 working days after the determination order was mailed to appeal to the board and it would be up to them to refer the issue to a Tenancy Tribunal if they deemed the Appeal was accepted .
 
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