Recovering rent arrears where tenant has left

B

beansy

Guest
I had a tenant who moved out 6 weeks ago at the end of the lease. I then discovered that they owed me 3 months rent. they said they would try to get some money together to pay me off, (its about €3000) but has not managed it yet. I want to close this matter quickly.

The problem is, I never registered the propery with the PRTB.

I have had my solicitor send a letter for full payment by the end of the month or else will take them to the district court for a civil process for the full amount.

My worry is that I have been a bit quick to act. If the tenant goes to the PRTB for mediation on this, to negotiate a payment schedule, does this prevent me from pursuing throught the civil?

I know I have been stupid but am concerned that if the former tenants realises they can raise a case with the prtb and this will drag on. Also, will the civil court accept a case for rent arrears? or will they force me to go to the prtb?

Any help would be appreciated.
 
The PRTB is there to resolve issues relating to private residential tenancies. Civil proceedings are not an option AFAIK. As the tenancy was unregistered, I doubt you can refer a case to them; I don't know about your former tenant.
 
That was my concern. The tenant rang last week and asked why this is not going throught the PRTB, so I think they will take it there.

Do you know why civil proceedings are not an option for rent arrears?
 
Hi,

the 3k may be the least of your worries. It is a legal requirement to register with the PRTB. You cannot register after a tennancy has ended. Also this may or may not apply but you cannot claim mortgage interest against rental income if you are not registered with the PRTB.
 
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