RTB - Adjudication Hearing

Brendan Burgess said:
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
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Thanks Brendan - have you actually come across situations which went down this route? I like it very much, but just have a question as to whether it could get me into any legal difficulties (eg, damage to reputation resulting in loss of employment earnings etc)?
 
No, I haven't come across this exact one.

But how are you damaging their reputation?

You will have a court judgement and you are making people aware of it.

If you started claiming someone owed you money and was not paying it, you could be defaming them. But with a court order, it's a matter of fact.

If you get a court judgement and you then notify the employee that if he does not pay it, you will apply to his employer, he may well take action.

Or just call to Reception and leave a copy of the order and a letter for him but don't put it in an envelope so everyone can read it.

Brendan
 
Brendan Burgess said:
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
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I don't understand this strategy.
Surely unless a court specifically mandates the employer to make such deductions this is going to go nowhere?
Or do you mean embarrass them into coughing up before it gets to dragging the employer into it?
Might any subsequent court/judge take a dim view of approaching the employer in this way?
 
Brendan Burgess said:
What subsequent court hearing will there be?

He will only do this after getting an order from the Court.

Brendan
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Might there not be further court action to secure actual payment? Or is that the role of, say, a bailiff or something?
 
Yes, but it would be pointless if they are not responding.

They could apply to have the tenant made bankrupt. Or there might be a minimum debt for this? €30k?

They could wait until he buys a house and get a judgement mortgage and put it on the house.

But first things first, get the RTB adjudication.

Brendan
 
@Brendan Burgess I doubt any employer has the legal power to deduct wages on behalf of a third party in this manner. An RTB determination order does not give them such an obligation.

An RTB determination order is public on the RTB website of course, with all parties named. You can download this and send it to whoever you like. But probably unwise to instruct anyone to take action on foot of it.
 
I got it guys — there is no legal “plumbing” which would require an employer to withhold from salary….but what is being suggested here is a potential route to apply some pressure/leverage to “encourage” payment. Thanks for the debate. First things first……Will post any interesting updates in due course!
 
An employer CAN'T divert any part of employee's salary to a third party UNLESS specifically ordered to do so by a court of competent jurisdiction OR is authorised in writing by the employee.

Any employer acting on an RTB Determination Order only, is in breach of the Payment of Wages Act and can be compelled to pay the withheld salary to the employee.

The only way to get money from a debtor's employer is a District Court application for attachment of earnings.
 
When I was at uni I was sharing a house with a few lads.
One day the landlady knocked on the door and said she had got a call from the ESB at home who had demanded £650 off her because one of the guys in our house owed them this from buying a TV and video machine on HP on his old ESB bill.
When he left his previous house he thought they would never find him as the new ESB bill was in someone elses name.

To cut a long story short and not knowing how they connected him up to our landlady ...
He paid up pronto because he was embarrassed into paying up.
 
Quick update - the adjudication hearing is in two weeks time. I have up to 5 days before the hearing to submit my evidence. At some point, this evidence will be copied and sent to the former tenant. With that in mind, am I better waiting until just before the deadline to submit it? i.e., by submitting early, is there a risk that the tenant gets to review it and potentially have an advantage in framing her own evidence to negate it. Does anybody know when the RTB release the evidence i.e., all at the same time to both parties, or as it drips in?
 
We submitted all documents via email on the morning 5 days before the hearing .
Everything was done on that morning in one batch as advised by the RTB
The property manager , Lawyer and myself reviewed everything prior to submitting.
The tenant had nothing to submit so we received nothing .
All references to “Landlord” had been changed to “property owner” ,
all references to “eviction “ were changed to “ending of tenancy” .
all references to “Sale “were changed to “entering a binding agreement “

I don’t think the tenant can negate a statement from the property manager or your bank that has no entry for rent for the months you can show .

 
NY_Resident said:
I have up to 5 days before the hearing to submit my evidence.
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I think if you have a large volume of evidence they can give the tenant extra time to respond and delay the hearing.

I don't think there is much to be gained by strategic games. On the face of it your case is very strong so you should just press ahead.
 
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