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Small Claims

  • 03-08-2016 9:24am
    #1
    Milly33
    Registered Users, Registered Users 2 Posts: 8,658 ✭✭✭


    Just wondering sorry what the experience with small claims court is? Never dealt with them before.

    I have a case of a very strange landlord who is refusing to give the deposit back, but he is also acting very odd and kinda of threatening. He is saying to go through PRTB which we did, they messed up there and I have no faith in them. After that he made a list of accusations and said to contact his solicitor when I addressed this, The solicitor has stated he has nothing to do with this. He is now saying go through PRTB again.

    I must say I have found the PRTB shocking, so just wondering about small claims court.. Would it get it sorted out faster..


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Milly33 wrote: »
    Just wondering sorry what the experience with small claims court is? Never dealt with them before.

    I have a case of a very strange landlord who is refusing to give the deposit back, but he is also acting very odd and kinda of threatening. He is saying to go through PRTB which we did, they messed up there and I have no faith in them. After that he made a list of accusations and said to contact his solicitor when I addressed this, The solicitor has stated he has nothing to do with this. He is now saying go through PRTB again.

    I must say I have found the PRTB shocking, so just wondering about small claims court.. Would it get it sorted out faster..

    Do not believe you can use the small claims procedure for such matter.

    http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument


  • #3
    L1011
    Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    You must use the PRTB system, you do not have the option of small claims.


  • #4
    Milly33
    Registered Users, Registered Users 2 Posts: 8,658 ✭✭✭Milly33


    Hi L1011, thanks for the reply. Why do I have to use the PRTB? And as such if I did try and use them and they messed up then what other option is there..


  • #5
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Milly33 wrote: »
    Hi L1011, thanks for the reply. Why do I have to use the PRTB? And as such if I did try and use them and they messed up then what other option is there..

    Because thats what the RTA (residential tennancy act) says


  • #6
    Milly33
    Registered Users, Registered Users 2 Posts: 8,658 ✭✭✭Milly33


    so as such the only option after PRTB is Solicitor


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  • #7
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #8
    L1011
    Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    Milly33 wrote: »
    Hi L1011, thanks for the reply. Why do I have to use the PRTB? And as such if I did try and use them and they messed up then what other option is there..


    Because it's the law. Superior courts, but that will cost you rather a lot


  • #9
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Residential Tenancies Act 2004

    182.—(1) On and from the commencement of Part 6, proceedings may not be instituted in any court in respect of a dispute that may be referred to the Board for resolution under that Part unless one or more of the following reliefs is being claimed in the proceedings—

    (a) damages of an amount of more than €20,000,

    (b) recovery of arrears of rent or other charges, or both, due under a tenancy of an amount, or an aggregate amount, of more than €60,000 or such lesser amount as would be applicable in the circumstances concerned by virtue of section 115 (3)(b) or (c)(ii).

    (2) In this section “dispute” has the same meaning as it has in Part 6.


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