PRTB query(Tenant AWOL, left rubbish and a lot more behind)

Paulmee

Hi,
I submitted a dispute with the prtb this morning.
The tenant who was renting my house has gone AWOL. He has left the house after 2 months, with a one week notice via text. 2 months ago he signed a one year lease. He has cited health problems for leaving last week, this week he is refusing to answer my texts/calls.
I visited the house on Saturday, he had a dog in the house the last few months(dogs were not allowed on the lease terms) I became aware of the dog a few weeks back, and he assured me it was going.
The dog caused damaged to the walls/doors and there is a smell/dirt/hair everywhere. So basically I have to get the house professionally cleaned/painted.

However that is not the worst part..i could deal with that.
There was recycling bin rubbish left in one of the rooms. Outside two bins were full of bags of rubbish and a number were left around the bins, some open/burst.
This in itself is disgusting, but the worst part is there is a lot of dog faeces in the blue recycling bin.

While I have his deposit, I actually don't know what to do with the rubbish/bins. I will probably end up having to clean these out myself, and get the rubbish removed. The bins will need to be returned to the provider.

Its more of a matter principle I want this individual caught and that he is made responsible for his actions.

Any advise would help. I have been 100% by the book on everything. I have the tenants work address and pps number.

L1011

All you can get from the PRTB, if the tenant is found (and found against by them) are costs over and above the deposit and rent until the house is rented again assuming you can prove no unreasonable delays.

You can't bill for your own time - professional cleaning and painting and so on with receipts is fine but you're not able to bill for you cleaning the dog-ged bins

Ms Doubtfire1

indeed.so get someone to clean the bins - a professional company.than you can bill it.

Paulmee

Thanks. I appreciate the advice.

4ensic15

L1011 wrote: »

All you can get from the PRTB, if the tenant is found (and found against by them) are costs over and above the deposit and rent until the house is rented again assuming you can prove no unreasonable delays.

You can't bill for your own time - professional cleaning and painting and so on with receipts is fine but you're not able to bill for you cleaning the dog-ged bins

You won't get any costs from the RTB. You might get a Determination Order against the tenant which has to be made a court order so that you can attempt enforcement of it through the courts. THE RTB may or may not (most likely not) seek the court order. If not, it will mean paying for it yourself. You will have to pay the Sheriff and other enforcement costs with no certainty that any of it will be recovered.

Trending

From personal experience the RTB will not help in any way - as you are the landlord and not tenant. So to simply cover yourself email or write to them to inform of situation incase of any comebacks. But certainly do not expect any help from that quango except trouble.

Sorry to hear of your troubles its a nightmare ! Hope it works out ok for you and you manage to get good tenants next time around! (I believe they do exist ... Somewhere)

Dymo

The way things are set up in Ireland, you're going to go through a lot of hassle and stress and at the end of it, if you do get a judgement it's going to be extremely difficult to recover any costs.

If you want to do it on principle go for it or else chalk it down to experience, and try to get a better tennant next time.

newacc2015

First step document everything. Start taking pictures of everything and I mean everything

Secondly cut all oral contact from him. Everything needs to be in writing eg text, email, letters. Without it you will have no paper trail.

Thirdly get a few companies to price for cleaning and painting to stop any possible claims of "I got gouged by you"

Finally change the locks if they arent already changed. Tenants will copy keys without telling you and keep them

IMO you were very lucky that he is out of there. Although your place is now in ****, it is better for it to be in **** after 2 months than being in **** after 12 months and no rent coming

I think your claim has to exceed about €3k for the RTB to entertain you. One opinion is their phone mediation service. Personally I would tell the tenant you will settle for half of the expenses that you are out of pocket for. It is better to get some money, than nothing

4ensic15

newacc2015 wrote: »

I think your claim has to exceed about €3k for the RTB to entertain you. One opinion is their phone mediation service. Personally I would tell the tenant you will settle for half of the expenses that you are out of pocket for. It is better to get some money, than nothing

There is no minimum claim in the RTB. there have been disputes over deposits of €300. Very few of the claims at the PRTB reach even €3k. It is most likley academic. the tenant won't engage and the O/P won't be able to enforce.

newacc2015

4ensic15 wrote: »

There is no minimum claim in the RTB. there have been disputes over deposits of €300. Very few of the claims at the PRTB reach even €3k. It is most likley academic. the tenant won't engage and the O/P won't be able to enforce.

I have phoned them before, they will entertain tenant disputes at €300 but will not entertain a LL's one unless it is close to €3k. I asked why there is a minimum and they said it is the cost of administration, legal fees etc. So yes there is no minimum claims in the RTB officially, but they arent going to entertain a tenants claim of wanting €50 back of an unfairly withheld deposit. They have limited resources and will only deal with a somewhat decent claim.

4ensic15

newacc2015 wrote: »

I have phoned them before, they will entertain tenant disputes at €300 but will not entertain a LL's one unless it is close to €3k. I asked why there is a minimum and they said it is the cost of administration, legal fees etc. So yes there is no minimum claims in the RTB officially, but they arent going to entertain a tenants claim of wanting €50 back of an unfairly withheld deposit. They have limited resources and will only deal with a somewhat decent claim.

You might be talking about enforcement as opposed to accepting the claim. They have no choice but to accept the claim. I have attended hearings of landlords claims for damage of far less than 3k. They will issue a determination order but will most likely not enforcement action on it.

Paulmee

The prtb have been quite good in contacting me on this.
They rang the tenant, who while he admitted that he left the house in a state, he would not give out his address.
The prtb had no look in getting his address from his pps number, which I found strange.
Their next step is to let the tenant know they will ring his work address/number(I gave them his work reference) to get his home address.
Last weekend I got the house professionally cleaned, there was also 2 trips to get rid of the rubbish, and a number of items in the house had to be replaced, had been broken and thrown out.

Thanks all for yer advice on this.

Ms Doubtfire1

re PPS number and address- it's linked to the tax office.unless tenant claims benefits an updated address is rarely given.I think the one they have on file for me is at least 5 years old and I've moved 3 times in between