Enforce court order tenant debt?

landlordreally

Hi,

I had a non-paying tenant - by the time I successfully negotiated RTB / Circuit Court procedure etc. I was owed 11000 euro.

I got a court order for around 8000 euro from the Circuit Court and am wondering if there is any point trying to enforce it? Tenant is on welfare and has been quite uncooperative in the past.

I know I can get the bailiffs out but this will take more paperwork and money and from what I understand they can only claim goods and there is unlikely to be anything that would come near the value owed.

Am I right in thinking it is not worth pursuing? Seems crazy that someone can run up this kind of debt without any real consequences.

Wheety

It's f*cked up.

Mod
Watch your language. Do not post like that here again

4ensic15

You can seek an instalment order in the District Court.

CIARAN_BOYLE

4ensic15 wrote: »

You can seek an instalment order in the District Court.

True, have you much experience on getting an installment order from the courts on someone on welfare. In my experience you are may well get €5 a week until the debt is clear.

garhjw

OP it could be worth pursuing an instalment order. The loser might be on social welfare now but might get a job in the future. If that happens I presume the instalment order would be varied to increase payments?

GGTrek

landlordreally wrote: »

Hi,

I had a non-paying tenant - by the time I successfully negotiated RTB / Circuit Court procedure etc. I was owed 11000 euro.

I got a court order for around 8000 euro from the Circuit Court and am wondering if there is any point trying to enforce it? Tenant is on welfare and has been quite uncooperative in the past.

I know I can get the bailiffs out but this will take more paperwork and money and from what I understand they can only claim goods and there is unlikely to be anything that would come near the value owed.

Am I right in thinking it is not worth pursuing? Seems crazy that someone can run up this kind of debt without any real consequences.

The solution is very simple, do not rent to people who cannot afford the rent on their own (for example people on welfare). People on welfare should be housed by the state, not by private landlords. The current system is totally skewed against private landlords who are leaving the business in droves and current legislative proposal are just worsening the situation. The govvie even introduced some legislation that you cannot discriminate against people on welfare, such legislation should be challenged all the way to the high court, since banks or other financial companies are allowed to discriminate people on welfare who cannot afford the loans!

As previous poster said: OP try to request an installment order and make future life difficult for the tenant thief. You might get very little money back, but the tenant will not get any more credit in the future and if he/she ever gets a job, you could request an increase of payments and a garnishee order against his salary  (I do not know which percentage of salary can be garnished in Ireland, probably subjective to judge).

BTW has the tenant been forcibly evicted or he/she is still inside the OP property?

Under His Eye

The problem with looking for instalment orders, is that the judge may simply refuse once it is disclosed the debtor is on SW.