Landlords keeping deposits main complaint at claims court

THE withholding of deposits on rents and apartments by landlords has emerged as the single biggest cause of complaints brought by consumers in the Small Claims Court last year.

Over 550 complaints about what is termed “key money” were lodged with the courts last year, accounting for around one in six of over 3,000 complaints filed with the Small Claims Court in 2004.

It is the second year in a row that complaints about deposits on rental property topped the list ahead of holidays as the main category of issues handled by the court.

However, the overall number of applications to the court fell by 7% last year.

The Small Claims Court, which is a division of the District Court, was established as a cheap alternative for the public to take civil proceedings, without involving a solicitor, in disputes about goods and services worth up to €1,270. It also covers minor damage to property.

The cost of making a small claim with the registrar of a local District Court is just €9. Around half of all 3,000 cases filed last year were settled by the intervention of the registrar without the need for the case to go to a hearing before a judge.

Over half of all consumers whose complaints went before a hearing of the Small Claims Court won the case.

After key money, the main source of complaints last year were holidays (360 cases), cars (235), electrical goods (196), audio/computer equipment (163).