Tenant left owing rent...need advice!

Nelbell

I had a tenant rent a room for about 4 months. He left owing over 800 euro rent which he now won't pay. I didn't return his deposit, which means he still owes almost 600. Due to procrastination on his part, his tenancy was never registered with the PRTB, as he left before he could be registered. I registered the other tenants (its a student house share type property) He signed a lease and it was counter-signed by his mother. My question is, if he has not been registered with PRTB, can I pursue him for the rent owed? Also will going down the legal route result in far more expense than what is owed?
Any advice/guidance on this matter is much appreciated.
Cheers

dr.bollocko

If it's for a small amount and it's co-signed the PRTB should be able to help. Have you tried simply ringing the mother?

eth0_

Why is it the tenants fault that he was not registered with the PRTB? That is YOUR responsibility. The tenant doesn't need to go near the PRTB themselves.

Ring his mother and if she doesn't sort things out you should go to the small claims court.

rugbyman

Hello ,just looked in here.
Can anyone give me info on the small claims court?
i have a defaulting tenant .I had nothing registered withb the PTRB. can I use the small claims court.
a google search led me to an ask about money thread, which gave conflicting advice.
i tried to ring the small claims court number in dublin, which i got from my local court house, but a machine answered, advising me of work to rule stuff.

Any def info?
Rugbyman

Jo King

Are all of the tenants of the house on individual deals? It sounds like you should not be registered with the PRTB at all. You can sue in the District Court if that is the case.
Harassing the tenants mother is illegal as is hiring goons.

Jo King

rugbyman wrote: »

Hello ,just looked in here.
Can anyone give me info on the small claims court?
i have a defaulting tenant .I had nothing registered withb the PTRB. can I use the small claims court.
a google search led me to an ask about money thread, which gave conflicting advice.
i tried to ring the small claims court number in dublin, which i got from my local court house, but a machine answered, advising me of work to rule stuff.

Any def info?
Rugbyman

You cannot use the small claims court. It is for consumer against business and business against business. You are a business against a consumer.
If you have a tenancy which should be registered with the PRTB you cannot go to court at all. You have to register and then complain to the PRTB.

rugbyman

Jo King wrote: »

You cannot use the small claims court. It is for consumer against business and business against business. You are a business against a consumer.
If you have a tenancy which should be registered with the PRTB you cannot go to court at all. You have to register and then complain to the PRTB.

Thanks for the reply Jo, the local court house gave me a number for a court in Dublin re residential cases.

there was reference on askaboutmoney to a link to the small claims court on PRTB website. am a bit confused. Just hoped someone on here would know for def. you seem quite definite but I suspect ,and hope ,that is not the case.
Regards,rugbyman

Nelbell

Thanks for the replies. Just to clarify some of the issues raised; I know it is my responsibility to register with the PRTB but when he was given the form to fill in his PPS No. and sign it, he didn't do it and then left (I wonder why..!) I have contacted his mother by letter (as I have no phone number for her) and she reckons it's his responsibility to pay, as he is an adult. Want to threaten them with the legal route but I'm afraid they'll call my bluff and it'll end up costing me a fortune in legal fees! The property is rented to students on an individual contract basis. It was always my assumption that all the tenants need to be registered with PRTB? Am I right or wrong in this assumption?

rugbyman

rugbyman wrote: »

Thanks for the reply Jo, the local court house gave me a number for a court in Dublin re residential cases.

there was reference on askaboutmoney to a link to the small claims court on PRTB website. am a bit confused. Just hoped someone on here would know for def. you seem quite definite but I suspect ,and hope ,that is not the case.
Regards,rugbyman

JustBUMPING my earlier question in case any one can offer info.

This quote is from the PRTB website.
" However, landlords can consider pursuing their case through the Small Claims Court."
Rugbyman

Victor

Nelbell wrote: »

He signed a lease and it was counter-signed by his mother.

Explain this bit.

It sounds like you need to go to the district court. At least start with a solicitors letter.

Nelbell

The tenant signed the lease, gave his home address etc. and his mother signed as Guarantor. I know that seems quite straightforward, but I'm concerned that if I sue them, they may raise the issue that he was not registered with PRTB. A bad result could end up costing far more than is owed
Thanks for taking the time to reply

Agent J

Nelbell wrote: »

The tenant signed the lease, gave his home address etc. and his mother signed as Guarantor. I know that seems quite straightforward, but I'm concerned that if I sue them, they may raise the issue that he was not registered with PRTB. A bad result could end up costing far more than is owed
Thanks for taking the time to reply

You can get fined for not having it registered with the PRTB. Your assumption is correct. Everyone needs to be registered.

600 euro? I'd threaten legal action on the son and mother.

If they called the bluff then i'd fold. Wouldnt be worth the risk.
Personal opinion though.

the_syco

Nelbell wrote: »

his mother signed as Guarantor. I know that seems quite straightforward, but I'm concerned that if I sue them, they may raise the issue that he was not registered with PRTB.

Hrm... the guarantor bit is probably having that worrying effect over them.

Victor

As I understand it, you don't need to be registered as they were renting a room, not a house. But discuss it with your solicitor.

kennyb3

rugbyman wrote: »

Hello ,just looked in here.
Can anyone give me info on the small claims court?
i have a defaulting tenant .I had nothing registered withb the PTRB. can I use the small claims court.
a google search led me to an ask about money thread, which gave conflicting advice.
i tried to ring the small claims court number in dublin, which i got from my local court house, but a machine answered, advising me of work to rule stuff.

Any def info?
Rugbyman

In all likelihood your not the one who is owed money - the state is - what i mean is because you havent registered with the PRTB you arent entitled to claim interest on the mortgage to finance the property. Thus no doubt you owe myself and other tax payers the tax relating to the interest you incorrectly claimed (most likely).

I would have sympathy if you actaully did what you were required to do and register your property, but i guess it was just an oversight

D3PO

kennyb3 wrote: »

In all likelihood your not the one who is owed money - the state is - what i mean is because you havent registered with the PRTB you arent entitled to claim interest on the mortgage to finance the property. Thus no doubt you owe myself and other tax payers the tax relating to the interest you incorrectly claimed (most likely).

I would have sympathy if you actaully did what you were required to do and register your property, but i guess it was just an oversight

yet again the assumption that somebody who isnt registered with the PRTB isnt tax complaint. How many times does it have to be said that one doesnt go hand in hand with the other. Its more likey yes but its not definate.

kennyb3

hence i said most likely. pee'd off with people coming on here moaning about tenants when they wont go to the bother of registering tenants in first place.

gibo_ie

For claims up to €2,000 - go to your small claims court - section of your local district court. It will cost €25 to register your claim. A mediator will first speak to both of you and try to come to an arrangement. This is not legally binding. However either of you can dispute and bring it to district court where it is leagly binding.
Most are sorted before court!
details: http://www.citizensinformation.ie/categories/justice/courts-system/small_claims_court

Tecnically the PRTB do have authority over this for housing related issues but seeing as how its not registered its a bit of a grey area as neither party seemed to be bothered about it not being registered (However you could still be liable to a large fine from them!)

rugbyman

Victor wrote: »

Explain this bit.

It sounds like you need to go to the district court. At least start with a solicitors letter.

Victor, according to my friend ,a solicitor, you could not pay a solicitor to sue for that small an amount.
i know there are plenty of solicitors with no work, so maybe he is wrong in that there may be one who will work cheaper than my friend.

thats why the small claims court exists.

Rugbyman

rugbyman

gibo thanks for your info

afaik small claims for residential matters are in dublin, my local court directed me there anyway.

do you know how things proceed if the person being sued does not make contact or cannot be contacted?
Regards Rugbyman

AARRRGH

In a previous job I had to take legal action against companies all the time. In summary, if the amount you're pursuing is smaller than about €1500 it's not financially worth it.

Jo King

This is a District Court case.
The PRTB do not deal with room tenants. There was a decision on their website where a number of individuals had individually rented rooms in an apartment and were sharing common facilities. The PRTB refused to entertain a claim since none of them were tenants of a dwelling.

"Claims cannot be made in the Small Claims Court for debts, personal injuries or breach of leasing or hire-purchase agreements. The procedure is designed to deal with consumer claims up to €2,000."

If the mother has guaranteed the rent and the tenant has been asked to pay the mother can be sueD.


Report of Tribunal Reference TR 10/DR532 and 589/ 2006.
Case Reference No. DR532 and 589/ 2005

Reasons for Decision of the Tribunal

On the facts agreed by the Parties the Tenant was not entitled to occupation of a “self-contained residential unit”.

Under the agreement entered into in December 2003 the Tenant is merely entitled to exclusive occupation of one bedroom and he shares other facilities including the kitchen, bathroom facilities and reception area facilities with other occupants.

The Landlord was of the view that the Tenant was not entitled to put a new lock onto the bedroom door. The Tenant contested this.

It is clear from the evidence that the letting does not come within the definition of “dwelling” as set out in section 4 of the Act of 2004. The shared facilities afforded to the Tenant could not be considered to be a “bed-sit” or any other form of “self-contained residential unit”.

It follows that the relationship between Landlord and Tenant is outside the scope of application of the Act of 2004 and the Tribunal does not have jurisdiction to determine the dispute.

rugbyman

Jo King
thats an interesting post.

your quotation starting with "claims etc" does not appear to rule out rent arrears. A small claims court for rental problems does exist so it would appear they take cases.
there is a link to this on the PRTB website.

In Your informative example of an actual tribunal result the kernel seems to be that a room rental did not come under the remit of the PRTB

regards, Rugbyman

Jo King

Only the tenant can avail of the small claims court. Not the landlord! The PRTB website is misleading. The o/p's only remedy is civil process in the District Court.