Small Cliams Court:Ive moved out: owed money by ex housemate who is the lease holder

B

BEM

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I was living in a share house. The other person I was living with was the tenant listed on the Lease. I have since moved out and am owed rent and a refund of my deposit.

I have spoken to 'threshold' who have said that I am a Licensee and can only bring an action against my ex-housemate in the small claims court.

I have called the small claims court who have said that the court does not have jurisdiction over any leasing disputes (they say I must bring formal proceedings in the District Court).

Someone is obviously wrong.

Has anyone had any experience in bringing actions in the small claims court for leasing (and in particular, so-called License) issues?
 
Re: Small cliams court

Taken from Citizens Advice

The following types of claims can be dealt with under the Small Claims procedure:
  • Consumer claims such as for faulty goods or bad workmanship. You must have bought the goods or service for private use from someone selling them in the course of business.
  • Claims can also be made for minor damage to your property.
  • Claims for the non-return of a rent deposit for certain kinds of rented properties, such as, a holiday home or a flat in a premises where the landlord also lives. The Private Residential Tenancies Board handles such claims for the mainstream private rented housing sector.
Claims cannot be made in the Small Claims Court for debts, personal injuries or breach of leasing or hire-purchase agreements. The procedure is designed to deal with consumer claims up to €2,000.

So I think that what you are dealing with here is either a leasing issue or a debt and so the Small Claims Court are correct in saying that they do not have jurisdiction, and Threshold were incorrect in their advice.

Disclaimer: IANAL
 
Re: Small Cliams Court:Ive moved out: owed money by ex housemate who is the lease hol

I think that the Small Claims Court should hear these cases. The District Court rules say that people who live with their landlord (i.e. the person they pay rent to) can avail of the District Court office.

The very definition of a licensee is a person who lives with their landlord. This means that our Original Poster - who lived with the person they paid rent to - should be able to avail of the Small Claims Court.

What is important is the relationship between the person charging rent and the person paying it. OP pays rent to a person they shared with and this means that they fall within the Small Claims rules.
 
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