# Ex-Tenant owes money - can i take to court?



## snowymad (5 Feb 2009)

I have read a lot of the posts here and sorry to hear so many landlords are in similar position. Just wondering if anyone has pursued a tenant in court for rental income owed? I had a "corporate" tenant rent my apartment and I made the most fatal of errors - he did the deposit & 1st month's rent by international bank transfer and my bank phoned me to say the money would be in my a/c the next day. On this basis I allowed him to move in as the company were going to be paying the monthly rent. 
I have never received a penny, the bank now cannot track where the supposed transfer went. Anyway after 3 weeks of promises to sort it out I asked him to move out and he agreed to pay what he owed. He failed to turn up to 3 arranged times to meet.
He did move out but still has my keys (to apt complex) as I have changed my own locks. I have tried to follow up with the company but turns out that he is the ONLY manager in the company so no one to complain to! He left the apt in an awful state (urine on most surfaces in the bathroom etc.). I didn't get a chance to register the tennancy with the PRTB and he also was not giving me his PPS no. I and my previous tenant were registered. But as this one wasn't the PRTB won't take on the case!
I know from reading some of the posts here that I should be happy that he moved out but I just cannot afford the loss as I have already been paying the mortgage while I was seeking a tenant and was so happy to actually get a tennant.

Does anyone have any experience of going directly to court and whether it would be worth it? Or a recommendation of a good solicitor in the landlord/tennant area?

Any help appreciated - and no need to point out my stupidity in not waiting to actually SEE the money in my a/c

Thanks


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## elgransenor (6 Feb 2009)

Sorry to hear about your situation but you can't go to court-you have to go to PRTB.

Thats what they were set up for and court does not have any jurisdiction to hear the case.

I know you did not register with PRTB but they are your only option legally in this instance and indeed in all instances of Residential Tenancy as per Residential Tenancies Act 2004


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## snowymad (6 Feb 2009)

Thanks elgransenor
I have already spoken to the PRTB and they have said that they will not take it on as for 2 reasons - the tenant has moved out and tenancy wasn't registered.


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## S.L.F (6 Feb 2009)

Hi snowymad,

sorry to hear of your plight.

First go down to your bank and give them some stick for the missing funds.

When you have finished with the bank write the whole sorry episode off as a bad experience and move on from it.

I had some woeful tenants in my time and can say since I changed to "cash only" it has deterred most of the bad guys.

It also means that I have to call once a month to get my money and they know "I a comin'".

It also keeps them on their toes.

Next time you let your property accept cash only.


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## kkelliher (6 Feb 2009)

As far as I am aware you can pursue this through the small claims court. The PRTB legislation does not prevent you trying the courts. It is a Alternative Dispute Resolution process and you are not prevented from having your day in court. You may however bring to light problems on yourself with not having PRTB registered which is a legal requirement but you can still have your case for breech of contract.


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## kkelliher (6 Feb 2009)

see here actually on PRTB's own site it confirms you can go to court

http://www.prtb.ie/disputesFAQs.htm


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## S.L.F (6 Feb 2009)

kkelliher said:


> As far as I am aware you can pursue this through the small claims court.


 
I'm not a lawyer and know damn all about the law.

I thought the small claims court was for people who have bought services or goods not for people selling services or goods


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## snowymad (6 Feb 2009)

Thanks for all those. And yes the small claims court is not an option as being a landlord I am considered a business and not a consumer!

Registration with PRTB would not be an issue on court as it was still within the timeframe to register without penalty and I had the form filled out and am registered from previous tenancy before this one.

I know I should probably forget it and move on but it really just makes me so angry Definitely cash from now on!!


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