# Unpaid Rent - Recommend a Debt Collection Agency or should I take it on the chin



## Oztastic (19 Nov 2014)

2 years ago 4 tenants left my house, owing me 4800 Euro rent.  I've just recently put a case in place with the PRTB.  They've informed me that they've located where they now reside.  While there might be enforcement issues down the line & most probably little chance of getting my money back I'm wondering if I should proceed with a debt collection agency in trying to obtain these funds through another means?  If anyone's got advice it would be good to hear - I'd prefer to go for a no collection, no fee service but wonder if there are agencies who'd take this on.  I've got the names of all 4 tenants and the address of one of them.


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## Gerry Canning (19 Nov 2014)

Oztastic. 

There are threads on the ineffectiveness of any real enforcement on thieving tenants.
The PRTB will probably gain acknowledgment that you have been done (you know that) and then all stops.
Debt Collection agencies ,don,t generally do (singular) calls and no-foal,no-fee collectors are normally not great.
4,800 is a lot of money, maybe have a short word with local solicitor and depending how (annoyed) you are, take his advice on things like judgments etc 
At least for a small consultation fee you can get closure.
It boils down to pragmatism v you don,t like being done.


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## sisterjoan (19 Nov 2014)

If they have jobs you should try and get your money back. Can you take them to small claims court individually? At least this wouldn't cost you too much money and you would have the satisfaction of a judgement against them.


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## Oztastic (20 Nov 2014)

Thanks Gerry, wise words.  To go down the solicitor route would probably cost @ 800 Euro with letters / judgements.  It sounds like throwing good money after bad.


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## MrEarl (20 Nov 2014)

sisterjoan said:


> If they have jobs you should try and get your money back. Can you take them to small claims court individually? At least this wouldn't cost you too much money and you would have the satisfaction of a judgement against them.



I think the suggestion of going via the small claims court is a good one, albeit you limit the potential amount which can be recovered from each individual.

It's cheap, should be more efficient than going through the traditional court process and has the same legal standing if you get a ruling in your favour.


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## Bronte (20 Nov 2014)

Well paying someone for a low debt, and in legal terms this is low, is not advisable.  Firstly, to see if it worthwhile, are they working?  I think a threatening letter to them might be in order, you telling them, politely but firmly that you are going to pursue them.  You can also try pressure, by letting them know that you are aware of where they work etc.  What exactly is the PRTB doing for you?


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## DebtCert (20 Nov 2014)

You can't use the small claims court to recover a debt of this kind.


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## delgirl (20 Nov 2014)

DebtCert said:


> You can't use the small claims court to recover a debt of this kind.


This is totally unfair and is not the case in the UK where Landlords can use the Small Claims Court to claim up to £10,000 in rent arrears.

[broken link removed] who are inefficient and very slow.

If I were the OP and had managed to track some of the ex-tenants down, I would not give up.

I had a similar case in the UK where tenants left owing 6 months rent and caused huge malicious damage to the property.  Even though they had left a forwarding address with the local Post Office, who wouldn't give it to me, it took 4 years to track them down and I had to use a solicitor and the Courts to get any redress.

I didn't get all the rent back, but I got some rent plus the court costs and bailiff costs, which is better than nothing at all.

I feel if you don't pursue tenants who leave your property with arrears, they feel as though they have gotten away with it and will do the same to the next Landlord.

Follow what they say in the Propertyrock advice above and make sure you give all the evidence you have to the PRTB and push them to act while claiming for ALL your costs, not just rent arrears.


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## Bronte (20 Nov 2014)

delgirl said:


> I didn't get all the rent back, but I got some rent plus the court costs and bailiff costs, which is better than nothing at all.
> 
> I feel if you don't pursue tenants who leave your property with arrears, they feel as though they have gotten away with it and will do the same to the next Landlord.
> 
> .


 
Well done Delgirl, I admire your tenacity.


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## delgirl (20 Nov 2014)

Thanks Bronte - it would have been easier just to give up and it caused lots of stress and aggravation to pursue them, but it was worth it in the end.

They, both working, resisted paying until the day the bailiffs arrived and then paid what the court ordered.  It took a long time to get it, but it was worth it in the end.


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## Oztastic (21 Nov 2014)

The PRTB have been good.  This is their most recent correspondence;

"Please be advised that we have been able to locate addresses for the tenants involved in relation to the above application for dispute resolution. We can proceed to schedule the case today for an adjudication hearing but please be aware that due to the fact that we were unable to make direct contact with the tenants, there may be enforcements issues further down the line, i.e. if a Determination Order issues in your favour and the tenants don’t comply with same, we may have issues enforcing the Order due to not being able to directly confirm their addresses.

If you are happy to proceed with the case on this basis, we can put the case forward for scheduling and the hearing  should take place in 3-4 weeks."

If it makes life difficult for the tenants, renting down the line, that's probably all I'll get out of it.  It's better than nothing.


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## Butter (22 Nov 2014)

If they have located addresses why are they saying they are  not able to directly confirm their addresses?


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## Delboy (22 Nov 2014)

Viper Debt Collections
http://www.viperdebtrecovery.com/

That'll do the job


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## delgirl (23 Nov 2014)

Not sure what the PRTB's 'address issue' is, but if I were the OP I would do a bit of investigating / legwork myself.

I found my 'tenants from hell' on the electoral role 4 years after they destroyed my property.


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## Oztastic (14 Mar 2015)

The case found in my favour in the last few weeks.  They've been ordered to pay the full sum within 35 days.  If not complied with they're guilty of an offence and liable on summary conviction to a fine of up to 3000 Euro or impriosonment for up to 6 months or both.  It appears I have the option of enforcing the Order through the courts with the assistance of the Board.  They do this on a case by case basis - [broken link removed]
If nothing else at least they're getting a bit of grief long after they thought they'd gotten away with the whole thing.


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## clueless (15 Mar 2015)

Fair play to you. It's not right that people take advantage like that.


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## Butter (16 Mar 2015)

Best of luck! I hope you get your money back.


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## everythingon (18 Mar 2015)

Gerry Canning said:


> Oztastic.
> 
> There are threads on the ineffectiveness of any real enforcement on thieving tenants.
> The PRTB will probably gain acknowledgment that you have been done (you know that) and then all stops.
> ...



It's hardly fair calling them 'thieving' in my opinion. They could have had serious financial issues.

What about the people stealing from banks by not paying their mortgages, would they be allowed to be called thieves? It's the same thing..


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## Sarenco (18 Mar 2015)

Oztastic said:


> The PRTB have been good


 
That's good to hear - the PRTB has been the subject of a lot of criticism (mostly justified IMO) so it's encouraging to see that the OP received a good service in this instance.  

Does anybody know if it's possible to carry out a search against tenants or landlords that have not complied with a PRTB Order?


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