What's the worst case scenario?

Hells_Belle

My landlord served me with notice to quit about 2 months ago because the building needs rennovations. I paid my January rent on time and in full. I have not paid this current (and final) month's rent because I am very suspicious I'm going to get screwed out of my 1 month security deposit. We do not have the best relationship and there has been friction about construction etc in the building.

There is no damage to the flat not caused by the leaking roof that is the reason for the renovation and the notice to quit.

They're being quite grim about getting this money off me, so I need to know: if I don't pay it and just let them have the security deposit to use as last month rent, what's the worst that can happen to me legally? Can I tell them to feck off or are baliffs or something going to arrive on my doorstep at any moment?

Thanks

Dalfiatach

If the last month of rent is the same as the security deposit, then just find yerself a new flat and get out of there before the 2 months are up. Nothing will happen. Seeing as they haven't actually lost any money, there'd be no point in chasing you. They'd only come after you if you owed them a few months rent - enough to make it worthwhile. Don't give the fecker a forwarding address, just leave.

Hells_Belle

Ok thank you. Sadly I won't be out until the notified quit date (first week in March) because I am having a terrible time finding another flat but that's a different saga.

Are you sure they can't do anything to me until the 6th? They are being quite bullish - coming round, ringing the bell, trying the door etc. I'd gladly pay them to just go away but I don't have the money and I don't like being bullied.

MojoMaker

Why don't you have the money? Sure under normal circumstances you'd have to pay the rent - I don't get it?

Hells_Belle

Because instead of one month's rent for my current landlord, this month I am supposed to come up with:

1/ One month rent for my current landlord
2/ First month's rent for my new landlord
3/ One month security deposit for new landlord

I can't.

SimpleSam06

Hells_Belle wrote:

They are being quite bullish - coming round, ringing the bell, trying the door etc.

Whoah thats bang out of order right there. Bully boy tactics by people who think only the "lord" part of landlord applies to them, should not be tolerated. Heres a brief overview of your rights as a tenant...

You are entitled to quiet and exclusive enjoyment of your home.

Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency.

As to the rest, I don't know all of the particulars of your situation, so you should call the Private Residential Tenancies Board on (0)1 8882960, or check out the website at www.prtb.ie. I'd suggest you do that as soon as possible.

The_Conductor

Hells_Belle wrote:

They're being quite grim about getting this money off me, so I need to know: if I don't pay it and just let them have the security deposit to use as last month rent, what's the worst that can happen to me legally? Can I tell them to feck off or are baliffs or something going to arrive on my doorstep at any moment?

Thanks

While it is highly unlikely that bailiffs are about to land on your door- you are legally obliged to pay your rent on time. Your landlord would be legally entitled to have a summary judgement registered against you for non-payment of rent- this could potentially affect your credit record in the future. The fact that he has a deposit from you is immaterial- that is a sum of money with a particular purpose. Unless you have a prior agreement with the landlord, you are not entitled to expect him/her to use your deposit in the manner that you are proposing. Similarly- your landlord is not entitled to keep your deposit.

As suggested above- do give the PTRB a call and they will be better able to explain to you your rights and your obligations as a tenant. Note: one of your obligations is to pay your rent on-time- one of your landlords obligations to provide accomodation of a reasonable standard, and to return your deposit in a prompt manner, with the exception of that which is withheld for damage (not to include normal wear and tear).

TCollins

My sister did same as you. The fact she had not paid the last months rent meant she lost her deposit.
She told him to keep the deposit as rent and he didnt like it.
She moved out and about a month later got a summons. Long story short - Judgement against her for not paying the rent. she ended up paying the landlord the last months rent plus costs which were nearly as much again.

She didnt do anything to the place at all, just let him use her deposit as rent. turns out this is illegal and she lost.

Think long and hard before going this route. get legal advice too if you do.

SimpleSam06

TCollins wrote:

She didnt do anything to the place at all, just let him use her deposit as rent. turns out this is illegal and she lost.

Err what? That doesn't make sense. So he kept her deposit too? Was there material damage to his property that he felt the deposit would be needed to cover? If so, fair enough he had a case, if not, theres no judge in the land that would award a timewaster like that costs. Basically you're saying he gave her back her deposit, she paid him the last months rent (equal amount) and he then got the small claims court to punish her for that, for some reason.

Sounds like bullshit, tbh. Have you any more details that would clarify the situation? Like maybe she gouged a hole in a wall with a pickaxe?

TCollins

SimpleSam06 wrote:

Err what? That doesn't make sense. So he kept her deposit too? Was there material damage to his property that he felt the deposit would be needed to cover? If so, fair enough he had a case, if not, theres no judge in the land that would award a timewaster like that costs. Basically you're saying he gave her back her deposit, she paid him the last months rent (equal amount) and he then got the small claims court to punish her for that, for some reason.

Sounds like bullshit, tbh. Have you any more details that would clarify the situation? Like maybe she gouged a hole in a wall with a pickaxe?

SimpleSam Looks like you're stalking me around boards:)

I'm glad you know what all the judges in the land think. We should just fire them and hire you if you know what they will all do anyway.

She hated him and he hated her. They never got on from the word go, i dont know the full story, and there was some stuff about using rent and deposit in the lease, but Nope, no more details.
Its the truth as i was told it.
I know you like to second guess everyone but tbh I dont care what you think.

I'm just advising the op to check with their solicitor or prtb before doing anything drastic that may come back to haunt them.

SimpleSam06

TCollins wrote:

SimpleSam Looks like you're stalking me around boards:)

Sure, yeah, I have the infrared cameras set up behind your mirrors too. Choose the pink lined undies, really, they match your complexion better.

TCollins wrote:

I'm glad you know what all the judges in the land think. We should just fire them and hire you if you know what they will all do anyway.

I'll tell you what, instead of that, why don't we just believe everything that comes out of your yap as the solid truth? I mean this is the intarwebs after all, who would lie here?

TCollins wrote:

She hated him and he hated her. They never got on from the word go, i dont know the full story, and there was some stuff about using rent and deposit in the lease, but Nope, no more details.

What a shock.

TCollins wrote:

I'm just advising the op to check with their solicitor or prtb before doing anything drastic that may come back to haunt them.

Nope, you just said legal advice, and the only one properly qualified to do that is a solicitor, an expensive proposition at the best of times. It was me who suggested the PRTB. You strike me as the sort with a lot of time on his hands for posting on internet message boards, so I'll just leave it there.

antoinolachtnai

Can everyone just pause for a moment and be nice?

TCollins

antoinolachtnai wrote:

Can everyone just pause for a moment and be nice?

You're right. simple sam is getting rather aggressive both here and in the bubble thread. I pointed out what bull he was talking there and he's got upset i believe. Its actually starting to scare me

Lets give it a rest tho sam - eh.

Victor

OK folks, play nice.