# Suing tenant for property damage ~€600 - Small Claims Court. Witness affidavit?



## One (20 Nov 2012)

I have to go to the Small Claims Court and make a claim for property damage. 

My only witness lives 150 miles away and obviously won't travel that distance to come to the small claims court. 

If that witness were to sign an affidavit, would the judge accept that, or is it compulsory for a person to turn up in court if he wants to give evidence?


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## Time (21 Nov 2012)

Well how is the defence going to cross examine him? 

I would say that his attendance will be required.


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## One (22 Nov 2012)

Yes. I think that would be the problem. I have read about witnesses statements in Irish Courts, but they don't seem to be admissible for those cases where a cross examination may be required. Thanks for your reply.


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## ajapale (22 Nov 2012)

One said:


> I have to go to the Small Claims Court and make a claim for property damage.



I dont think the small claims court in Ireland extends to property damage.

Perhaps you should speak with your solicitor?


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## One (22 Nov 2012)

It is property damage caused by a tenant, so this type of damage is just about within the limited scope of the Small Claims Court. But it is very hard to proof without having a witness present, and it is a bit extreme getting a witness to travel 150 miles for this. The damage was over 600 euro, but I can't prove my case.


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## ajapale (22 Nov 2012)

One said:


> ..property damage caused by a tenant...



Moved from Askaboutlaw to Property investment and Tenants' rights section which is where this kind of question is dealt with on AAM.


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## txirimiri (22 Nov 2012)

One said:


> It is property damage caused by a tenant, so this type of damage is just about within the limited scope of the Small Claims Court. But it is very hard to proof without having a witness present, and it is a bit extreme getting a witness to travel 150 miles for this. The damage was over 600 euro, but I can't prove my case.


 
Don't you have to go via the PRTB in that case? I don't think the small claims court will hear a residential property-related case?


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## oldnick (22 Nov 2012)

I suspect txirimiri is right. Courts.ie - the website that outlines what cases go where - states that although minor damage to property cases can go thru the s.c.c. it also states that cases related to rented accommodation must go thru the PRTB.

Either way, One, you will probably end up spending ages, stress and expences trying to seek justice and end up being more angry and frustrated than you are now.

PRTB can take over a year before a final decision is made . Assuming it goes your way what then ? Nothing. PRTB rarely do anything except make decisions. You'd probably have to get a court order to enforce the PRTB decision.
And how does the court enforce the decision if the guy has moved, says he's broke  or is ill?

It's all very frustrating and it is little different whether you go thru PRTB or SCC, most especially when is may be difficult to establish 100% proof, even with a witness.


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## facetious (22 Nov 2012)

Basically, in order to prove that a tenant has damages property in which he resided, you will need either:

1. a detailed entry inventory (preferably with photographic evidence and date stamped) of all items in the property plus their condition and including details of all flooring, walls, woodwork etc. This should have been signed by the tenant that it was an accurate record of the property.

This must be followed up with an exit inventory which would show any difference between the entry condition and the exit condition.

2. If any of the property was new or newly redecorated immediately prior to the commencement of the tenancy, invoices and/or receipts for same which will indicate their condition.

As has already been stated, you must go through the PRTB process with tenant related claims and not the SCC.

However, if the tenancy was not registered with the PRTB, you cannot make a claim with the PRTB where your initial action must be. If the tenancy has already ended, I believe that it is not possible to register it. However, if the tenancy is still in existence, you will be able to register it on payment of a late registration fee.

You will also need the tenant's current address so that documentation regarding the claim may be sent to him.

I would suggest that you go to the PRTB website and read plenty of Dispute resolutions and tribunal adjudications to see how and why cases were won or lost especially as to the kind of proof of evidence required.


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## One (23 Nov 2012)

I am 110% that this is for the Small Claims Court. I havde have the court date now, becuase the court clerk sent it to me. When a tenant is living in one's home, then the owner does not have to register with the PRTB. My type of landlord -tenant relationship is outside the scope of the PRTB.


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## One (23 Nov 2012)

I have just been reading through the PRTB Dispute Resolutions. Very informative. Thanks.


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## facetious (23 Nov 2012)

One said:


> I am 110% that this is for the Small Claims Court. I havde have the court date now, becuase the court clerk sent it to me. *When a tenant is living in one's home,* then the owner does not have to register with the PRTB. My type of landlord -tenant relationship is outside the scope of the PRTB.


Therein is a cause for confusion - a person residing in the home with the owner is not a tenant - s/he is a licensee or lodger.

If you go to court, you need to get your terms correct - and the courts, presided over by a judge or magistrate (which the PRTB cases are not) will be far more exacting as regards the law.


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## One (23 Nov 2012)

I never actually realised that there was a legal distinction between a tenant and a lodger. I just looked at the internet now and it is quite interesting and informative. Thanks for that.


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## facetious (23 Nov 2012)

You're welcome


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