# PRTB timetable for response



## dfg75 (27 Sep 2007)

Has anyone filed a complaint with the PRTB before? Typically how long does it take to get an intial response once documents are submitted? How long before a hearing is held? Finally, how long until a decision is made?

I have filed paperwork over a month ago and have heard nothing back. I have also tried ringing and emailing, but again to no avail.

Any thoughts would be appreciated.


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## dad (1 Oct 2007)

started July 06,still going on.case heard in June 07.waiting on response from PRTB on phone calls and e mails for status update.

Good luck with it.


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## dfg75 (1 Oct 2007)

What happens after the case is heard? I assumed after the case would be heard that there would be a judgement and that would be the end.

I just recieved my first response from them today saying that they would not be processing anything for a minimum of ten weeks. (Six weeks had already past to the date of receiving the first response). This is very disappointing for a government service organisation.

Interesting to know that I have about 12 months before things have a hope of being resolved . . . 

May I ask what the premise of your case was? Was there any particular complication with it that made it take longer?

Many thanks.


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## mangos (1 Oct 2007)

Hi

Yes you are likely to be waiting at the very least six months before you get a hearing.  Depending on the nature of your complaint you should be offered the option of mediation where you will meet with the person against whom you are complaining or who may be complaining against you.  If you choose not to go the mediation route, there is what is known as arbitration.  You will again come face to face with whomever is the subject of the complaint.  Anything that you write to the board will be available to the other party to see and vice versa.  After the hearing it takes about 3 months for what is known as a determination order to be made.  

It is a long process and entirely unsatisfactory.  However, it is the only route it appears open to both tenant and landlord to resolve disputes.

Make sure you keep emailing asking why no-one has responded to you, keep phoning and if needs be send a registered letter requesting an update.

Mangos


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## dfg75 (2 Oct 2007)

Thanks for the replies. 

Mangos, regarding the mediation vs arbitration is there any advantage between the two in terms of settling the claim or the speed at which it is processed?

Once a determination order is made what happens next? At this point is the negligent party ordered to pay? Or does one have to go through more hoops to collect money?

Many thanks.


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## NHG (2 Oct 2007)

I have a case with them since april 07 which falls into the "7 day notice" catagory for anti-social behaviour and no case has been heard yet! 

What a service - we pay €70 to become a member and then to have a case we have to pay another €24!

Its the worst system that I have ever came across.  The Landlord has no rights anymore. 

Has any case been taken against any landlord who did'nt register with the PRTB yet?


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## z106 (3 Oct 2007)

well firstly,as discussed on another thread, you are not entitled write off your mortgage interest as an expense - which will cost you literally thousands each year,
It's a mad system.


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## dfg75 (5 Oct 2007)

Interesting enough, in my first response letter the PRTB staed that they would be working on 7 day notice complaints so my wait could be much longer than the minimum 10 weeks stated.

Is the small claims court option open in lieu of the PRTB? If so, does anyone know if this is any faster? Surely with the general lease being 12 months, the PRTB response time at 12-14 months is totally unacceptable. At this point you could be two tenants further along!


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## Kaz001 (12 Nov 2007)

I have had a dispute lodged against me as because I am trying to return to my home to live there myself. I verbally gave the tenants the correct no of days to vacate. Then I learned that I had to give them a special notice to vacate (example on PRTB website). I downloaded this, filled it in and presented it to tenants one week later but I dated it from the date of the verbal notice. BIG MISTAKE. This has allowed them to file a dispute claiming my notice is invalid and while I am waiting for my case to be heard I am going to be homeless. But this seems to count for nothing. The tenants can continue to live in my home while I have no home. I have enquired about the legal route but I am told the courts do not hear these cases, they have to go through the PRTB and their cases can take over 6 months to hear. I can't begin to explain how upset and distressed I am over this but I seem to have no rights. My tenants are paying considerably less than the market rate for my area and I have not increased rent in 2.5 years. I have only once called to see the house, last week. They have enjoyed total privacy and cheap accommodation but this is how I am repaid. My simple mistake has led to them using a loophole to go against me.

Everywhere I turn I can find no one to help me. The landlords have no rights any more. I will never ever rent a property again.

A word of advice to any landlord terminating a notice make sure you read the fine print on the PRTB website before issuing anything. 

Another amazing point is that two different letting agents did not even know of the special contents of the PRTB form. They just give verbal notice. The world is a very very strange place................


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## Stifster (12 Nov 2007)

Kaz001 said:


> I have had a dispute lodged against me as because I am trying to return to my home to live there myself. I verbally gave the tenants the correct no of days to vacate. Then I learned that I had to give them a special notice to vacate (example on PRTB website). I downloaded this, filled it in and presented it to tenants one week later but I dated it from the date of the verbal notice. BIG MISTAKE. This has allowed them to file a dispute claiming my notice is invalid and while I am waiting for my case to be heard I am going to be homeless. But this seems to count for nothing. The tenants can continue to live in my home while I have no home. I have enquired about the legal route but I am told the courts do not hear these cases, they have to go through the PRTB and their cases can take over 6 months to hear. I can't begin to explain how upset and distressed I am over this but I seem to have no rights. My tenants are paying considerably less than the market rate for my area and I have not increased rent in 2.5 years. I have only once called to see the house, last week. They have enjoyed total privacy and cheap accommodation but this is how I am repaid. My simple mistake has led to them using a loophole to go against me.
> 
> Everywhere I turn I can find no one to help me. The landlords have no rights any more. I will never ever rent a property again.
> 
> ...


 
I have the greatest sympathy for you. Why don't you issue another notice on them?

The system is ****e, i act for a client owed more than 20K, we followed the procedure carefully and lodged papers last November, it was due to be heard in September but the tenant sought an adjournment, one was allowed and when he didn't get a second on he brought judicial review proceedings. He is a lay litigant.

Unfortunately the JR will not deal with the inherent flaws and the unconstitutional (IMHO) system.

Maybe unconstitutional is a bit strong but it is unfair.


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## Kaz001 (12 Nov 2007)

Thanks Stifster. 

Glad to see an independent opinion can see I am being hard done by. I did serve a second notice as advised by the Irish Property Owners Association and I got it so right. I informed the PRTB and they said that made no difference as the first case has to be heard..........

Only help it could be is if the PRTB rule in my favour then they may take into account the second notice so I will not have to serve another one then. 

The IPOA have been great but they tell me there is absolutely nothing I can do.

The PRTB are quick to advise people that they can make a complaint but they just tell me that they can not give me any advice whatsoever. I even asked if they could tell me if the second notice was valid and they said No. Yet they can say if one is invalid. Make any sense?

There is no justice in the law at all.


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## halfpint (3 Feb 2008)

WE have had to wait one year for ajudication hearing for validity of termination notice. we were told the adjudicator would give his decision within 2 weeks to the board and they would check it.  Now 3 months later they say they have lost the decision and the adjudiator does not work there any more hows that for incompidence.  Any idea who is in charge of this organisation so that I know who is ultimately responsible for this.


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## csirl (4 Feb 2008)

Anyone ever tried to injunct the PRTB into acting more quickly?


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## tosullivan (4 Feb 2008)

Just to throw in my bit

I filed a complaint back in Nov 06, about Apr 07 got a letter asking if we wanted to have a mediation but as far as we were concerned, we tried that already and went for adjudication

Adj meeting in Aug 07 which we won.  Tenant never showed and we were awarded all costs & determination order was sent

Fine I said, they have 21 days to pay.  21 days passed, no money.

We informed PRTB of such and got a letter in post last week to say that because they were non-compliant they would like to note they are rigurous in enforcing these orders through the courts, however, a prosecution in not a means of securing compliance and also, they have an increasing volume of cases and they may deem it not cost effective to prosecute.

They also said if we would like to seek compliance we could institute circuit court proceedings and they would send us the file.

What a joke.  I've instructed them right now to proceed to prosecution as I am no way going to do this off my own back.

Circuit court could cost me 1000's.

Is it possible to take them to small claims court?  Seeing as they have never shown up at any other meetings, who is to say they will show up at any court hearing?

I've also just been informed they have been approved for a council house so they are now sponging from me further...what kind of a country do we live in........


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## JohnnieKippe (14 Feb 2008)

I'm in the same position. tenant has not paid rent for 4 months. What would happen if I changed the locks or moved in ?


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## Bronte (15 Feb 2008)

You have to weight up the costs of the PRTB/tenant getting a determination order against you for illegal eviction (I've read it cost one landlord 20K) versus the costs of being without rent for another year or so depending on how long it takes you to get rid of the tenant's.  

Bear in mind if you manage to get rid of the tenant after let's say a year and the PRTB issues you a determination order for back rent it does not mean the tenant will actually pay you.


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