Small Claims - what happens if you have moved abroad

M

Mothergoose

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I had a very difficult liencsee in a house that my children live in for college. She left so much food rotting, around that we got mice, which incurred a large bill from Rentokill, refused to clean up anything, threatened my daughter when my daughter asked her to clean up, told lies about my children using drugs and stealing her friends phones. The room was offered on a nine month basis - in writing - for the accademic year. She moved out suddenly without any notice in the New Year. I retained the deposit for the cost of Rentokill. I didn't live in the house, but lived somewhere else, but now I have moved abroad to work for the next three years. She has pursued all the way to a Court hearing during the summer. If the judgement is made against me and I have moved abroad, what happens. My children are still living in the house with a friend of theirs - but it wasn't my family home. I no longer have an address in Ireland. I am being sent a video link to attend.
 
Is this actually a Small Claims Court issue or in another, higher, court? It's not totally clear from your post.
 
It appears to me to be an Action through the Small Claims Court. You don't live in Ireland and it would cost you to attend. My advice is to write a letter to the Small Claims Court Clerk explaining your position and also your "defence." From the evidence you supplied above, I think you'll win. I suggest you do not avoid the confrontation and be open about the situation.
 
I presume she is looking for a refund of her deposit?

  • a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives
The claim cannot exceed €2,000. The current fee to make a claim is €25.

How much is she suing for?

It's probably not worth retaining a solicitor as the cost would exceed the potential saving.

You should write a detailed response to her claim.

And you should ask one of your children to attend and speak on your behalf. I have never been in the Small Claims Court, but I gather it's quite informal.

Brendan
 
Did OP consider a counterclaim ?

Although OP still has possession of the deposit he cannot, strictly speaking, be a judge in his own case - nemo judex in causa sua as we say in ancient Rome.

If OP had a counterclaim he might obtain a formal order directing the tenant to pay the expenditures out of the deposit. This would thus give OP proper legal authority to retain the amount ordered out of the deposit. The tenant's claim could be struck out in full and a judgment rendered in favour of OP on the counterclaim.

Although the court process is less formal OP would still be required to comply with basic legal and procedural requirements.
I do not expect that one of OP's children would be allowed to speak on their behalf as an advocate but they should be allowable as a witness of fact.

OP should contact Small Claims and ask about ;
1. A counterclaim.
2. Submission of evidence by the children as witnesses of fact.

As far as a judgment is concerned this is an issue between OP and the tenant and nobody else. If there is a judgment against the OP it is the tenant's problem to satisfy it. Fortunately for the OP if they receive a decision in their favour (on a counterclaim) they already have custody of the deposit and will not have to chase the tenant.
 
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Brendan Burgess said:
It's probably not worth retaining a solicitor as the cost would exceed the potential saving.
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If someone had initiated court proceedings to seek a judgment against me, I'd be most certainly hiring a solicitor to defend on my behalf - regardless of the quantum of money that gave rise to it.
 
T McGibney said:
I'd be most certainly hiring a solicitor to defend on my behalf
Click to expand...

Hi Tommy

You would be well able to represent yourself in the Small Claims Court.

And you would do a much better job than going via a solicitor.

Even if a solicitor offered to represent you for free, I would recommend that you represent yourself.

Brendan
 
My point stands Brendan. My credit rating is worth a lot more than the cost of hiring a solicitor to attend, probably remotely, and I assume the OP's is too. In this case, I'd fear that the OP may be at a disadvantage as they're no longer living in Ireland.
 
Hi Tommy

Why would it affect your credit rating?

If you lose and they award €2,000 against you, you just pay it.



Brendan
 
Brendan Burgess said:
Hi Tommy

Why would it affect your credit rating?

If you lose and they award €2,000 against you, you just pay it.



Brendan
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Do judgments like this stay on record?

If there's even a possibility of a €2,000 damages award, that would be another reason to hire a solicitor.
 
Thanks to everyone for all the helpful replies. The deposit I retained was 530. I didn't make the 25 euro payment for a counterclaim, and maybe I should gave done this. I just replied to all the tenant's allegations with evidence from text messages between us and between another tenant and I that what she was saying was completely untrue, and also emails between the tenant/licensee's mother and I. I also attached the email from me to her mother stating the room was rented for the accademic year, and the correspondence from her mother asking if she could stay until May. She was so difficult in November after leaving rotting food around after a patty she had, and was so unapologetic, that I said she could move out and if her room and cupboards were clean I would give her depisit back. She had actually threatened my daughter with a kitchen knife she was holding when my suaghter approached her about not keaving food open or the remains of food in the sink. However, about 2 hours after I said I didn't like her attitude and she could have her deposit back if she left her room and cupboards clean, she texted me back to say her parents had advised her to stay and not to leave over minor disagreement, then she left suddenly 6 weeks later on New Year's Day, and insisted on having her depisit back. I reminded her that the room rental was advertised as 9 months for accademic year, that when I suggested she leave 6 weeks previously she wanted to stay, that the mice infestation she had caused cost 570, and that before she ever moved in I had emailed her mother about the importance of keeping the place tidy to avoid rodent infestation. I also pointed out that she had given no notice and left at a time of year when it would be less easy to get another tenant. I am done with anything to do with tenants! This coming year is my daughter's last year in college and I will never need to rent out rooms again!!

I am just wondering how this judgement if she wins will be enforced. Will the sheriff come to get things to the amount if 530 from the house where my children live? That is not my house or I don't live there and haven't done so for 10 years. The house where I did live in Ireland is almost sold.

Should I worry re credit rating in Ireland? I am going to be living in UK for next 3 to 5 years. I am 58, so won't be borrowing for house etc. I will buy a car in the UK and take it back to Ireland at some stage, but I will be buying it in the UK based on credit history here.
 
I really doubt you have anything to worry about it.

If you have laid it out as coherently as this , then she will not win her case.

If you do lose it, you just pay it - end of story. There won't be any bailiffs.

I don't think that court judgements in Ireland are registered unless 1) You don't pay them and 2) the plaintiff goes back into court to get a further order e.g. a judgement mortgage.

But ask the Small Claims Court or, better still, the Central Credit Registrar.

Brendan
 
In relation to a counterclaim you could ask the Small Claims Court if it is too late to lodge one now.
If it is too late for a counterclaim ask if you are in time to lodge a separate claim against her.

In the worst case of a finding against you the sheriff can only seize goods that are your property.
 
The Sheriff does not come into this at all.

If the Small Claims Court orders you to return the deposit, then you do so. End of story.

No sheriffs. No judgements. No impact on your credit record.

Brendan
 
If there’s an award against you and you don’t pay, the plaintiff could pursue an enforcement order but this incurs additional costs.
 
Gordon Gekko said:
So if you’re an idiot?
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Some people don’t engage with the process, have judgments made against them and test the resolve of the plaintiffs to seek enforcement.

A plaintiff has to consider whether the additional cost of enforcement is justified.
 
Salvadore said:
Some people don’t engage with the process, have judgments made against them and test the resolve of the plaintiffs to seek enforcement.

A plaintiff has to consider whether the additional cost of enforcement is justified.
Click to expand...
Based on my own unhappy experience with the Small Claims Court many moons ago, and unless things have changed radically in the meantime, I'd hazard a guess that if the OP loses the case being brought against her, there is zero chances of the sheriff bothering to pursue her abroad to collect the deposit sum.
 
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