Lodger who left and hasn't paid bills

Dublingirl80

Hi, just wondering what the best thing to do is for a lodger who hasn't paid bills. She has left and I knew giving deposit back two weeks early was a mistake but I felt bad asking her to leave so foolishly did. I know some will say it's not much money but it's a 50 euro bill at the moment and probably about 30 more. It's more the principal. I've sent a text which has been ignored. Besides sending repeated texts what should I do. To me this is the same as stealing from someone, as I asked for the bill two weeks before she left.

punisher5112

Its bit late now. There is no rights or security on the lodger side and I take it as you asked them to leave.

amcalester

Chalk it down to experience and forget about it.

Nothing else you can do.

dev100

Is it a utility bill ?

bmwguy

Yep, forget about it and save yourself a lot of stress and hassle.

Dublingirl80

Yeah you're right. I actually had a feeling it would happen. I gave two months notice so it's not like I screwed the person over. I actually have a friend in common with the person so I'm a bit shocked that they'd do it as the bill came before they left. I know everyone says this is just what happens but I suppose I hoped people would have morals. Thanks for the advice.

Nomis21

It's not the principal, it's the money. Better to learn that lesson when it's only 80 Euro involved.

Dublingirl80

I suppose it just annoys me that someone who would never dream of stealing in a shop say, seem to think it's ok to leave someone 50 euro short on a bill. But I'm just ranting here, don't worry I'll get over it obviously but It's still wrong in my view.

Dublingirl80

Thanks Nomis, that's true. I made the right choice ending the rent a room, it's probably great for loads of people but it has also got lots of problems that can arise with it too, just like any houseshare situations. My advice would be to never give a deposit before end date again to people, but then again maybe she's not have left so soon if I hadn't.

Claw Hammer

You can complain to the Garda and try to persuade them that an offence has een committed under Section 8 of the Theft & Fraud Offences Act.

infogiver

Claw Hammer wrote: »

You can complain to the Garda and try to persuade them that an offence has een committed under Section 8 of the Theft & Fraud Offences Act.

I wouldn't embarrass myself like that for €80.

Nomis21

Dublingirl80 wrote: »

Thanks Nomis, that's true. I made the right choice ending the rent a room, it's probably great for loads of people but it has also got lots of problems that can arise with it too, just like any houseshare situations. My advice would be to never give a deposit before end date again to people, but then again maybe she's not have left so soon if I hadn't.

Years ago someone said something to me that stayed in my mind:

"Thank Goodness for Small Rip-offs"

foxatron

Just take the hit

jimmycrackcorm

infogiver wrote:

I wouldn't embarrass myself like that for €80.

A decent bottle of champagne would cost more than that.

The guards entitled likely say though that it is a civil matter and not theft.

The OP answered the question by handing over the deposit before all bills were settled. Very little can be done to recover it.

Samuel T. Cogley

You should easily be able to get a good, if not VERY good bottle of Pol Roger or Bollinger for €50. Quite how that's relevant is beyond me but there we go... :pac:

However +1 it's a civil matter don't bother the guards. Small claims court if you really must lose another €25 - which would buy a perfectly serviceable bottle of Cava - but you'll have no change of recovering it even if you did win.

Claw Hammer

Samuel T. Cogley wrote: »

You should easily be able to get a good, if not VERY good bottle of Pol Roger or Bollinger for €50. Quite how that's relevant is beyond me but there we go... :pac:

However +1 it's a civil matter don't bother the guards. Small claims court if you really must lose another €25 - which would buy a perfectly serviceable bottle of Cava - but you'll have no change of recovering it even if you did win.

It is a criminal matter but the guards are quite likely to say it is civil to avoid work. They might make a phone call though in the hope of resolving things.

The small claims court does not deal with debt cases. No point in spending €25 there. 5 minutes in the local gard station might do more.

Samuel T. Cogley

Claw Hammer wrote: »

It is a criminal matter but the guards are quite likely to say it is civil to avoid work. They might make a phone call though in the hope of resolving things.

The small claims court does not deal with debt cases. No point in spending €25 there. 5 minutes in the local gard station might do more.

Good point but it can't be a debt and a criminal matter.

I'm also not convinced it falls under s8. Either.

Spanish Eyes

I think room letters should always factor in an amount for bills in the rent.

Samuel T. Cogley

Spanish Eyes wrote: »

I think room letters should always factor in an amount for bills in the rent.

The problem with doing that is it's difficult to 'keep people honest'. If you split the bills people tend to turn the lights off.

Dublingirl80

Actually I used to do a set charge and the person wanted to split, which worked out more for me anyways so was happy to do it. If she hadn't then it would have been more straight forward. It's grand like I did know it as possibility when I didn't take it out of the deposit, the bill hadn't arrived by then and I wanted to stop any more tension since telling the person I'd be finishing renting. It is definitely worth it having the place to myself sooner as she could have been staying another month. It's funny though I still did think most decent people paid their bills just out of embarrassment even. Ironically she probably was the person who also ran the bills up much higher too. Part of me felt I should do something just to make a point but it's not worth using up guards time over and I'd be mortified going into a small claims court. Hopefully someone does the same to her some day.

Dublingirl80

Might have some cava to celebrate my last dealings with this person!

4ensic15

Samuel T. Cogley wrote: »

Good point but it can't be a debt and a criminal matter.

I'm also not convinced it falls under s8. Either.

Of course it can. There is a criminal offence of availing of services and not having the intention to pay for the service.
if you go to a doctor with no intention of paying after you have been treated, you have committed a criminal offence as well as also owing money to the doctor for the treatment. The doctor could sue for the debt as well as complain to the guards.
Assault is both a criminal offence and a civil wrong and can be and often is pursued. No reason why theft can't give rise to a criminal offence and a civil wrong.

Samuel T. Cogley

4ensic15 wrote: »

Of course it can. There is a criminal offence of availing of services and not having the intention to pay for the service.
if you go to a doctor with no intention of paying after you have been treated, you have committed a criminal offence as well as also owing money to the doctor for the treatment. The doctor could sue for the debt as well as complain to the guards.
Assault is both a criminal offence and a civil wrong and can be and often is pursued. No reason why theft can't give rise to a criminal offence and a civil wrong.

'it' in this situation is not a doctor though.

S8. would need to apply for it to be a debt and a criminal matter. My assertion is it does not. If you steal a bike the owner can sue for damages, but it's not a debt, IMO anyway - I welcome being pointed to where it is.

4ensic15

Samuel T. Cogley wrote: »

'it' in this situation is not a doctor though.

S8. would need to apply for it to be a debt and a criminal matter. My assertion is it does not. If you steal a bike the owner can sue for damages, but it's not a debt, IMO anyway - I welcome being pointed to where it is.

If you hire out a bike and don't pay for it and never had the intention to pay for it, it is theft. You can also be sued for the hire of the bike.

athtrasna

And that's where we'll leave the legal discussion thanks!

Mod

Samuel T. Cogley

Fizzy wine though? :pac:

Fair play, apologies.