# Rent arrears



## DublinGuy_ (3 Nov 2017)

Can a landlord make the tenant pay the rent arrears , The landlord in this case has gone to the RTB , if the RTB gives determination order to pay the money , 

Can the tenant just leave the place and find new accomadation


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## Sarenco (3 Nov 2017)

An RTB determination order can be enforced through the courts, by the landlord or by the RTB itself.

In any event, in the current market a landlord would be barking mad to accommodate somebody that cannot produce a squeeky clean reference from the immediately preceding landlord.

So, no, a tenant can't just leave a place and find new accomodation.


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## DublinGuy_ (3 Nov 2017)

Apart from the reference , can the court make the tenant pay , if I leave and just get a new place.


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## Sarenco (3 Nov 2017)

Yes, an RTB determination can be enforced through the Courts.

[broken link removed]


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## DublinGuy_ (3 Nov 2017)

ok but if I change address , will the landlord peruse the case for 2800 rent arrears he increased it by 1200 , and I can say that I paid him in cash anyway.


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## landlord (3 Nov 2017)

Dublin guy.  Why don't you put more effort into figuring out how you can pay the rent that is owed instead of trying to avoid it.


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## Sarenco (3 Nov 2017)

I can't predict what your landlord _will_ do - I can only tell you what he _could _do.

Perjuring yourself in court, if that's what you're suggesting, is not a good idea.  You could get yourself into serious trouble.

Have you tried to reach an amicable settlement on the arrears with your landlord, for example to pay them back over a number of months?


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## Leo (3 Nov 2017)

DublinGuy_ said:


> ok but if I change address , will the landlord peruse the case for 2800 rent arrears he increased it by 1200 , and I can say that I paid him in cash anyway.



Anyone paying off such a debt would insist on, and be provided with a receipt. So that excuse won't wash.


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## LS400 (3 Nov 2017)

(Please note it will be a number of months following receipt of your request before the RTB are in a position to commence the enforcement process. Priority is given to over-holding, illegal eviction and cases of serious anti-social behaviour; and even in such circumstances the process is lengthy and you may wish to consider taking your own proceedings. )

Thats taken from the the RTB dispute/section, I see it as more a Please Flip Off letter.

I also wouldn't be just looking for a reference from the previous LL if you were to slink off to another property, Id be looking for the one previous to the last LL. Your positives are though, that the RTB are involved. I can only hope, for what its worth, that the LL does pursue with his rent arrears, it may stop the likes of you from jumping tenancy's to avoid payment.   

Its not a personal dig at you, as there are two sides, but your posts have the hall mark of, How can I screw the system and get away with it.


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## Sarenco (3 Nov 2017)

It's probably worth bearing in mind that, in addition to publically available records, the RTB have data sharing arrangements with a number of public bodies such as the Department of Social Protection and in most cases, can track the current addresses of non-compliant parties. 

It costs nothing to ask the RTB to enforce a determination order in the courts.


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## galway_blow_in (3 Nov 2017)

DublinGuy_ said:


> Apart from the reference , can the court make the tenant pay , if I leave and just get a new place.



they can order them to but its near impossible to force home and their is no consequence for not paying in reality


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## Sarenco (3 Nov 2017)

galway_blow_in said:


> they can order them to but its near impossible to force home and their is no consequence for not paying in reality


That is quite simply untrue.

http://www.oireachtas.ie/documents/bills28/acts/2015/a2815.pdf

I am personally aware of circumstances where the RTB initiated contempt proceedings against a non-compliant tenant.

There is no doubt that obtaining and enforcing an RTB determination order takes time.  But to suggest that there are no effective remedies available to an aggrieved party is simply untrue.


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## DublinGuy_ (3 Nov 2017)

These aggrieved party is scum , I will pay money to solicitor than paying this scum , I will just move out next month , there was a RTB hearing on 1Nov and I did'nt go , His case is Overholding and Rent Arrears , Overholding won't exist as I will be moving out , Arrears I will pay 2800 to a solicitor than paying him 1 cent .


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## Sarenco (3 Nov 2017)

Hi DublinGuy

I'm not going to tell you what you should or shouldn't do - ultimately that's up to you. 

I'm simply offering you my opinion because you asked for advice - if you chose to ignore my advice and do something else, that's absolutely fine by me. 

I'm not going to pat you on the back and tell you you're doing the right thing.  Equally, I'm not going to lecture you about your responsibilities.

That's the way this place works.  The advice on here is worth exactly what you paid for it - nothing.  So, take it or leave it.

Right?

Why would you pay anything to a solicitor?  What's the point?  If you owe the man money, you owe him money - just pay what you owe. 

If he breached his statutory obligations to you in some way then you should have raised it at the RTB hearing.  Too late now.

You can vanish into the night if you want.  Nobody is going to stop you. 

Maybe your landlord will leave it at that, maybe he won't.  His choice, not yours.

So, your move. 

If you want any further advice, ask away.


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