Damage caused by tenants

tteknulp

Hi, we had a house let to family of 3, we had ongoing problems when rent was due on and off etc..,they were there 4 years,I gave termination of lease letter with sufficient time as required , on the last month no rent received on due date gave the 14 day warning, they never payed it, but I had deposit, there gone now when u carried out inspection there is some damage, floor tiles kitchen and bathroom are cracked and broken, oak flooring is badly scraped & dented,other damage which is normal wear & tear, since I no longer have deposit what is process to redeem any cost for repairs etc.. I ve been to garda not very helpful at all, I would be grateful for any help

Cuddlesworth

I believe you lodge a PRTB case against them with all of your evidence. Then after successful conviction, you need need to lodge a proper court case against them. After that, you can then use the sheriff to seize any assets in lieu of payment if they fail to pay, after another court order.

Overall with the current process, if the damage is under 2k I wouldn't bother. You got off lucky.

The_Conductor

Cuddlesworth wrote: »

I believe you lodge a PRTB case against them with all of your evidence. Then after successful conviction, you need need to lodge a proper court case against them. After that, you can then use the sheriff to seize any assets in lieu of payment if they fail to pay, after another court order.

Overall with the current process, if the damage is under 2k I wouldn't bother. You got off lucky.

Unfortunately I'm inclined to agree with Cuddlesworth.
Put in a PRTB claim anyway- but realistically you're unlikely to ever get the money back.

We need to increase deposits to more than 1 month- and make it easier to evict tenants who don't pay their rent.........

goat2

you are only wasting your time and money going after them, you would be better off just fixing and renting it as soon as poss again,

it will cost to get it back, but hopefully you will have better luck with next crowd

Cuddlesworth

The_Conductor wrote: »

Unfortunately I'm inclined to agree with Cuddlesworth.
Put in a PRTB claim anyway- but realistically you're unlikely to ever get the money back.

We need to increase deposits to more than 1 month- and make it easier to evict tenants who don't pay their rent.........

And a visible history of PRTB convictions for tenants linked to their PPS number. Giving landlords like the OP a reason to actually follow the first step of the process regardless of getting their money back.

conorhal

Cuddlesworth wrote: »

And a visible history of PRTB convictions for tenants linked to their PPS number. Giving landlords like the OP a reason to actually follow the first step of the process regardless of getting their money back.

If a tenant and landlord both registered their property and tenancy, and both parties could check with the PTRB if any judgments had been upheld against them, the upshot of all this would be fewer complaints due to better behavior on both parts, because neither want to make it difficult to either rent or lease a property, after all no tenant would trash a place if landlords either wouldn’t rent to them or would demand a huge deposit, and no landlord would mess with deposits or repairs if tenants would steer clear of them as a result.
It's a simple, obvious and easy to implement step that would make life immeasurably better for both tenants and landlords, so of course that we won't do it.

D3PO

you wont get it back as others have said realisitically.

That said they lived there 4 years. So for tax return purposes you would have written off 50% of the cost of these items in your accounts.

Assmuing they were installed prior to them moving it it could be argued that these itmes had no deprecable value anyway. Given repairs / replacement of them would again allow you writen them off over 8 years its really not worth your time and effort pursuing this as its a lost cause.

The system is a joke when it comes to LL's recouping cost of damage from tenants.

tteknulp

Yeah I think I will have to take it on the chin, I was down in social welfare office today brought about 10 photos, to put with file, as they have a case against them already for not passing over rent allowance which was spent but for wrong purpose, it sickens me to think there free to go on and do it to someone else unknown, I'll never rent this property to anyone on rent allowance again as I feel there's no support for L L by them my client this and that utter rubbish , is the only way to describe it, they should not be allowed carry on freely, it's a pity as I'm sure there's many respectful people on rent allowance also, I'm not willing to take any more risks, thanks everyone for good advice.. Onwards and upwards

D3PO

unfortunalty another reason why people on RA find it nigh on impossible to find housing. The good ones get tarred with the same brush and the scum and as we see all the time here another LL who will now no longer rent to RA tenants.

Ray Palmer

File the complaint. Trust me on this. People who act like this should be stopped and importantly they may bring a case against you or another LL. I had a tenant do similar to me and then try to claim illegal eviction a year later after they ran out.
As a LL just accept you have to file these things the same way you have to register.

As for the tax breaks meaning it doesn't cost anything that is so wrong. Just because you get a tax break doesn't mean the items life is that of the tax break. It is perfectly legitimate to expect things to last well beyond this point especially if you pay for quality. If LL were to base it on tax then places would be always full of the cheapest materials. That is actually why many LL run their places like this. That just leads to people complaining about properties more. You only do this at the lowest part of the market.

D3PO

Ray I agree with you re filing the complaint and I get what your saying re the costs and tax breaks.

My point was that you file a complaint and win you and I both know the OP will never see a red cent of the money for the damage. My point is persuing this heavily wont get the OP anywhere and I was just trying to soften the blow by having them look at it in a different way.

Cuddlesworth

conorhal wrote: »

If a tenant and landlord both registered their property and tenancy, and both parties could check with the PTRB if any judgments had been upheld against them, the upshot of all this would be fewer complaints due to better behavior on both parts, because neither want to make it difficult to either rent or lease a property, after all no tenant would trash a place if landlords either wouldn’t rent to them or would demand a huge deposit, and no landlord would mess with deposits or repairs if tenants would steer clear of them as a result.
It's a simple, obvious and easy to implement step that would make life immeasurably better for both tenants and landlords, so of course that we won't do it.

If you google the address of a rental property you can find any judgements against the property from a PRTB conviction. I have in the past chose not to rent from a landlord for this reason. The same could not be said for those tenants who move from property to property perpetuating the same scam.

tteknulp

The thing thats annoying me most is social welfare, don't give a damn, purely not interested in damage, there hands are tied with current legislation, see you're local TD etc.. Pass the parcel, but I will no longer offer any of my properties to your associated clients she looked at me I was mad.... You could see her sympathy as she looked at photos, but it's not her job it's the higher above that should be crying out for revamp as all tenant and no sympathy for L L whatsoever . it's so unfair and also cruel to any LL that has fix damage at own expense?