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Damage above amount of deposit

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  • 09-02-2016 10:31pm
    #1
    Penguino
    Registered Users Posts: 162 ✭✭


    A tenant has left a property and caused significantly more damage to the property than will be covered by the deposit.

    Does anyone have an experience in the necessary steps to chase a tenant for these costs?


Comments

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    #2
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    File a dispute with the PRTB asap


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    #3
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Document everything. Stop calling the tenants and put everything in writing eg texts and emails

    You have to go through PRTB


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    #4
    Penguino
    Registered Users Posts: 162 ✭✭Penguino


    Thanks. Is a ruling by the PRTB binding against a tenant?


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    #5
    Penguino
    Registered Users Posts: 162 ✭✭Penguino


    A full report has been drawn up with photos and costings. Should I not approach the tenant first before contacting the PRTB?


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    #6
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Penguino wrote: »
    A full report has been drawn up with photos and costings. Should I not approach the tenant first before contacting the PRTB?

    You could. But if they dont respond almost immediately I would file with the PRTB, as a case like this could go on for a while. A PRTB is binding AFAIK. But getting it enforced if the tenant doesnt comply is the difficult part


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    #7
    L1011
    Registered Users Posts: 68,910 ✭✭✭✭L1011


    Penguino wrote: »
    Thanks. Is a ruling by the PRTB binding against a tenant?

    Yes, and can be taken to court to enforce. You'll need to know where they are, though.


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    #8
    Penguino
    Registered Users Posts: 162 ✭✭Penguino


    Thanks All.

    I will keep the thread posted as things progress starting with a phone call to the PRTB tomorrow


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    #9
    Gmaximum
    Registered Users Posts: 378 ✭✭Gmaximum


    L1011 wrote:
    Yes, and can be taken to court to enforce. You'll need to know where they are, though.

    If you have their PPS numbers (you should if it's registered tenancy) PRTB can track them down assuming they're in the country and working or claiming a welfare payment

    Whilst you may get a ruling in your favour getting the money is another matter.

    Remember that any repairs can be discounted to reduce your tax liability just be sure to treat it correctly as a once off or capital allowance


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    #10
    Cuddlesworth
    Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    Social welfare or working? Whats the amount of damages?


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    #11
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    The chances of getting payment is very slim. PRTB work for the tenant paid for by the landlord


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    #12
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    handlemaster wrote: »
    The chances of getting payment is very slim. PRTB work for the tenant paid for by the landlord

    I've had a ruling in my favor for a tenant who caused 000's in damage. They even paid up (or I'd say daddy paid up).

    All down to the tenants and how the landlord wants to pursue it.


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    #13
    ZENER
    Registered Users Posts: 6,163 ✭✭✭ZENER


    I know it's a pain when this happens and that you could go through the PRTB but from experience I wouldn't bother. Life is too short, the process is long and in the end you'll get nothing.

    If the tenant claims inability to pay they will be ordered to pay some paltry amount like 5 euro per month and then you're left having to accept that.

    We had a tenant who left owing months in rent, stole the appliances and sold them and left a room completely filled of refuse bags with rotting waste and nappies in it. That was 3 years ago and we're still waiting for the PRTB to track her down to go to court.

    Not what you want to hear but it's what happens unfortunately.

    Ken


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