Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Small claim for unreturned rental deposit - landlord resident in Ireland

3 replies

ComtesseDeSpair · 13/07/2017 15:51

Just looking for any advice anyone might have on this. It's been three weeks since my friend moved out of her rented flat. The landlord has ignored all communication, including friend's notice to vacate the property (although she can prove this was received, as it was sent recorded delivery) and further postal and email correspondence asking where she should return the keys, who would carry out the check-out and requests for the return of her deposit. The deposit still hasn't been returned and friend has now discovered that her deposit was not protected. She's sent the landlord a letter before action warning that she will begin court action if it isn't returned. However, the landlord's registered residential address is in Ireland. I assume this means that she cannot make a Small Claim for her deposit using the UK system? The Small Claim Ireland system also doesn't seem to allow for claims relating to rental deposits, and is unclear about how tenants not resident in Ireland should claim from Irish landlords - directs to the Residential Tenancies Board but this seems to only give advice to tenancies in Ireland.

Is it essentially game over for my friend? It's a large amount of money at stake - two months' rent / almost £3,000.

Thanks :)

OP posts:
Collaborate · 13/07/2017 16:38

Look in the tenancy to see whether it gives an address for service.

If it does and it's in UK then post it to there.

If it doesn't the rules are complicated (would take around 15 mins to read through it) but someone might be along who has done this before with Ireland and knows the answer.

prh47bridge · 13/07/2017 20:28

There is a European Small Claims procedure but that is only for amounts up to 2,000 Euros. Your friend's claim is more than that. Also, as the deposit hasn't been protected your friend should be claiming compensation which can be up to three times the deposit.

She will need to take legal advice from a solicitor with experience in handling cross-border claims within the EU.

prh47bridge · 13/07/2017 20:29

She will need to take legal advice from a solicitor with experience in handling cross-border claims within the EU

That is, of course, assuming the address for service is not in the UK.

New posts on this thread. Refresh page