# Complaint against me to PRTB



## Dublinchick (4 Sep 2008)

Got an email from the PRTB which has taken me completely by surprise.  

"Please be advised that an application form for dispute resolution, dated xxxx, was submitted by xxxx to the Private Residential Tenancies Board (PRTB).  That application concerns, amongst other things, the validity of a notice of termination served on them in respect of the tenancy of the dwelling at xxxx.

Unless the applicant withdraws the complaint, the PRTB will arrange for a hearing, by way of adjudication or mediation, to hear into the matter referred.”

The background to this story is the following: 

The Tenants were on a month-to-month lease for the past couple of years.  I am registered with PRTB and have always complied with their requirements.  The tenants did move out in July, the roof work was completed and new tenants have moved in.

In February I wrote to the tenants advising them that major remedial work had to be undertaken on a roof over the bedroom, which necessitated vacant possession, and I gave 2 months notice. This was later extended to May at their request to facilitate study for their exams and later to July one of the tenants was emigrating. They therefore got, in effect, 5 months notice.  

I granted this facility, notwithstanding a number of issues, which had been repeatedly brought to their attention.  One of the tenants rarely paid her rent on time which went on occasions up to 3 weeks. . In addition, the house was advertised as being a no pet environment; it has  a small floor space. Despite this, they kept a dog and though I asked them on numerous occasions to remove the dog, this never happened.  I had also received a written complaint from a neighbour.


----------



## S.L.F (5 Sep 2008)

I assume you had given them the notice in writing and kept a copy of it.


----------



## Dublinchick (6 Sep 2008)

I did give them written notice.  I guess I don't really understand what the nature of the complaint against me is, given that they had in effect 5 months notice.  Would they be looking for financial compensation ?


----------



## Superman (7 Sep 2008)

Dublinchick said:


> I did give them written notice.  I guess I don't really understand what the nature of the complaint against me is, given that they had in effect 5 months notice.  Would they be looking for financial compensation ?


There is a requirement that any notice of termination has a line in it to the effect that "if you wish to dispute this notice of termination, please contact the PRTB" - there is a precise wording to be used though.  Without this wording, your notice to terminate is invalid.  I suspect this is what they are disputing - they probably found out about the requirement by contacting Threshold or similar.  

Yes, they will be looking for financial compensation (IMO).


----------



## rmelly (7 Sep 2008)

Superman said:


> There is a requirement that any notice of termination has a line in it to the effect that "if you wish to dispute this notice of termination, please contact the PRTB" - there is a precise wording to be used though. Without this wording, your notice to terminate is invalid. I suspect this is what they are disputing - they probably found out about the requirement by contacting Threshold or similar.
> 
> Yes, they will be looking for financial compensation (IMO).


 
If true this is ridiculous. OP extended twice to suit the tenants, in the circumstances (roof needed repairs) he could hardly have been much more considerate.


----------



## rob30 (7 Sep 2008)

is this PRTB issue another example of government QUANGOs overstepping themselves to justify their existance?

best of luck, if the situation is as you claim!


----------



## Bessa (7 Sep 2008)

Got letter from PRTB re, tenant looking for return of deposit. Tenant moved into Apt.in May 2007. moved out in July 2007 having signed Lease with my Agent for 1 year. Stating reason as [ for health reasons as Apt. was too far from her work ] I am at a loss as to why the PRTB , as even entertained this complaint. But on further reading i discovered that Tenant had to enclose 25 euro for the privilage of complaining. [ which answers everything ] MONEY TALKS.


----------



## S.L.F (8 Sep 2008)

Superman said:


> There is a requirement that any notice of termination has a line in it to the effect that "if you wish to dispute this notice of termination, please contact the PRTB" - there is a precise wording to be used though.  Without this wording, your notice to terminate is invalid.  I suspect this is what they are disputing - they probably found out about the requirement by contacting Threshold or similar.



I'm shocked!!!

So if a tenant has broken windows, thrown all your furniture out onto the street torn all your floors up, flooded the place and you give them notice to leave without the phrase "*if you wish to dispute this notice of termination, please contact the PRTB*", they can dispute the notice and look for cash from you.

Astonishing...


----------



## ubiquitous (8 Sep 2008)

Don't be surprised if the PRTB is put to sleep on 14 October.


----------



## sam h (8 Sep 2008)

> Don't be surprised if the PRTB is put to sleep on 14 October.


 
Apart from the fact that they are already asleep....do you know something the rest of us don't??


----------



## S.L.F (8 Sep 2008)

ubiquitous said:


> Don't be surprised if the PRTB is put to sleep on 14 October.



If anything at all happens it will be a huge increase in fees from landlords for this useless organisation.


----------



## Bronte (8 Sep 2008)

ubiquitous said:


> Don't be surprised if the PRTB is put to sleep on 14 October.


 Praise be........ if it's true. I think he's referring ot the budget and there are going to be cutbacks hopefully on useless government departments/semi state bodies and the PRTB would be an easy one to get rid of.  But I think it will stay, Ireland needs a landlord / tenant resolution body and the fees will go up.


----------



## ubiquitous (8 Sep 2008)

Bronte said:


> Praise be........ if it's true. I think he's referring ot the budget and there are going to be cutbacks hopefully on useless government departments/semi state bodies and the PRTB would be an easy one to get rid of.



Exactly


Bronte said:


> Ireland needs a landlord / tenant resolution body.


Why not use the Small Claims Court for this purpose, and dispense with the tortuous registration formalities?


----------



## Superman (9 Sep 2008)

S.L.F said:


> I'm shocked!!!
> 
> So if a tenant has broken windows, thrown all your furniture out onto the street torn all your floors up, flooded the place and you give them notice to leave without the phrase "*if you wish to dispute this notice of termination, please contact the PRTB*", they can dispute the notice and look for cash from you.
> 
> Astonishing...


Exact wording:
_Any issue as to the validity of this notice or the right of the landlord/tenant to serve it must be referred to the Private Residential Tenancies Board under Part 6 of the Residential Tenancies Act 2004 within 28 days of the date of receipt of it._

Sample termination notice:
[broken link removed]


----------



## murphaph (9 Sep 2008)

I thought the PRTB was funded solely from landlord's tenancy registration fees? To be honest, I would be happy if they doubled the fee if they actually processed cases in a reasonable (c. 1 month max, shorter if damage is likely) timeframes!!

Is anyone really surprised that the law favours the bold?


----------



## aircobra19 (10 Sep 2008)

Bronte said:


> Praise be........ if it's true. I think he's referring ot the budget and there are going to be cutbacks hopefully on useless government departments/semi state bodies and the PRTB would be an easy one to get rid of. But I think it will stay, Ireland needs a landlord / tenant resolution body and the fees will go up.


 
I think you are right unfortunately.


----------



## Bronte (10 Sep 2008)

OP I'm amazed the PRTB corresponded with you by email.  They generally correspond by snail mail which takes ages for simple queries.  You should document everything that has happened, if you didn't serve a valid notice and they seem to be very strict on this you may be in the wrong but I assume it will be negated by the fact that the tenant asked to stay longer and you agreed.  Plus you were doing remedial work which is a very valid reason to give notice.  I do not know what you mean by a month to month tenancy, you definately need to understand the PRTB rules I don't think they'd like to hear you refer to it as that.  I imagine the tenants are chancing their arm.  But you should prepare yourself by reading the determinations of previous cases on the PRTB website.


----------



## z101 (10 Sep 2008)

The PRTD wont be put to sleep. If landlords didn't get sooo greedy in sooo many situations, its existance wouldn't of occured. It provides a valuable service.

If you did nothing wrong you have nothing to fear.


----------



## S.L.F (10 Sep 2008)

Ceatharlach said:


> The PRTD wont be put to sleep. If landlords didn't get sooo greedy in sooo many situations, its existance wouldn't of occured. It provides a valuable service.
> 
> If you did nothing wrong you have nothing to fear.



The PRTB has nothing to do with the market prices of property.

Regarding whether or not it provides a valuable service have a look at its web site for past cases and how long it takes for a case to come before them.

I have read some cases of landlords coming before the PRTB and believe me it would terrify me to come before them because you just don't know which way they will swing.

A tenant has nothing to fear never heard of any tenant ever getting to pay compensation to a landlord for the waste of their time.

A landlord could be fined, lose out on months of rent, lose their home etc etc etc...


----------



## Dublinchick (11 Sep 2008)

Thanks for all the advice and comments.  I'll keep you posted as to what happen when ever it does!


----------



## dannysuir (11 Sep 2008)

hey Dublin chick,

Trust me i know all about the PRTB, joke to be honest. I am a land lord who was brought to a hearing by tenants. its a complicated system with all these stupt rules.Anyway look at www.prtbadvocates.com , i hired them and the were pretty good. good luck, danny


----------

