Hi all.
I hope this is in the right topic. Anyway here goes.
We return from France today and there's a registered letter among the post. A subpoena to my husband to appear as a witness at a tribunal hearing on Monday next 5th July. Letter dated 30th June so probably arrived morning of 1st July i.e. Thursday and my husband receives it today. Therefore he has notice of one working day that he is to appear.
He is a builder and is being called by PRTB on behalf of the tenant as he did work for the landlord in question and is to give evidence on the condition of the property and the works it required and which of those works were carried out and which were not.
None of this I have a problem with. There is no issue with the quality of the works he did, quite the opposite. It appears the tenant wants him to confirm that he recommended works which the landlord didn't act upon. My beef is that when he phoned the attached number on the subpoena to say that he didn't think much of the notice given and that he had a job lined up to begin on Monday he was told that they only required 10 days notice before the hearing date from whoever was calling him and then they make him aware after that.
My husband restates that that's rubbish notice and he is not inclined to turn down work in the present climate and they tell him if he doesn't turn up it is a criminal offence and he can be fined €3,000 or get 6 months in prison. They also enclosed a cheque for €40 for his time! Therefore he legally has to show up.
He has no issue with showing up if someone REQUESTED it and gave notice or made an appointment with him but as he is in no way accused of anything in this dispute and in fact didn't know there was a dispute, (the work was carried out 18months ago ) he and I think it is a bit rich and heavy handed. This isn't a civic duty like Jury Duty but a private dispute.
Is this the way they operate usually? I reiterate, he would have no problem giving whatever evidence he could to help a resolution if he had been asked.
Any thoughts?
A.
I hope this is in the right topic. Anyway here goes.
We return from France today and there's a registered letter among the post. A subpoena to my husband to appear as a witness at a tribunal hearing on Monday next 5th July. Letter dated 30th June so probably arrived morning of 1st July i.e. Thursday and my husband receives it today. Therefore he has notice of one working day that he is to appear.
He is a builder and is being called by PRTB on behalf of the tenant as he did work for the landlord in question and is to give evidence on the condition of the property and the works it required and which of those works were carried out and which were not.
None of this I have a problem with. There is no issue with the quality of the works he did, quite the opposite. It appears the tenant wants him to confirm that he recommended works which the landlord didn't act upon. My beef is that when he phoned the attached number on the subpoena to say that he didn't think much of the notice given and that he had a job lined up to begin on Monday he was told that they only required 10 days notice before the hearing date from whoever was calling him and then they make him aware after that.
My husband restates that that's rubbish notice and he is not inclined to turn down work in the present climate and they tell him if he doesn't turn up it is a criminal offence and he can be fined €3,000 or get 6 months in prison. They also enclosed a cheque for €40 for his time! Therefore he legally has to show up.
He has no issue with showing up if someone REQUESTED it and gave notice or made an appointment with him but as he is in no way accused of anything in this dispute and in fact didn't know there was a dispute, (the work was carried out 18months ago ) he and I think it is a bit rich and heavy handed. This isn't a civic duty like Jury Duty but a private dispute.
Is this the way they operate usually? I reiterate, he would have no problem giving whatever evidence he could to help a resolution if he had been asked.
Any thoughts?
A.