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Small Claims court question

  • 26-10-2008 9:04pm
    #1
    Closed Accounts Posts: 439 ✭✭


    Mods feel free to move if not in the correct forum.

    I wish to make a claim to the small claims court. the issue is regarding a refund of fees from a letting agent. I am requesting this refund based upon many issues I had with the agent regarding the service they provided and their lack of professionalism. i went to a solicitor, and he advised that as my request was below €2k and I have a lot of supporting evidence, that I go down the small claims route, rather than go to the expence of a solicitor.

    I have just checked on the small claims website, and need to clarify something.......
    Claims in respect of other matters relating to rented accommodation must be brought to: Private Residential Tenancies Board, 2nd Floor, O'Connell Bridge House, D'Olier Street, Dublin 2. Website: www.prtb.ie
    Excluded from the small claims procedure are claims arising from:
    (a) a hire-purchase agreement
    (b) a breach of a leasing agreement
    (c) debts

    my confusion is in regard to the issue of rented accommodation and the leasing agreement parts. My claim relates to the refund of letting and management fees which were paid relating to his management and letting of my rented property. It is not to do with issues regarding the tenancy or the actual property, but rather it is to do with the level of service received and due to many inadequacies on his part, which lead me to request my fees refunded.

    Can I take this issue to the small claims court, or will I need to go back to the solicitor and pay a fortune just to make a case?

    Advice and clarification gretly appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    The issue seems certainly outside the remit of the PRTB.

    No harm in filing with the Small Claims Court. Worst case, the case is rejected and it only cost you a few Euro.


  • Closed Accounts Posts: 439 ✭✭Emerald Lass


    thanks Paul - I know its only going to cost a few Euro so worth a try. But if possible I want to get the ball rolling sooner rather than later!

    any idea how long it takes for Small claims ct to accept your claim and set a date?


  • Registered Users, Registered Users 2 Posts: 1,906 ✭✭✭deckie27


    Did you go the Small court route?
    How long does it take to get a date?


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