sharing house - misunderstanding with landlord

flodis79

My spouse and myself were out looking for a sharing accommodation a few weeks back. We found a double bedroom for rent on daft.ie, and went there visiting the house and everything seemed fine. We decided to take it, and paid, with cheque, the landlord one month's deposit plus one month's rent - we thought... When we are now going to move in, the landlord tells us that what we paid before, was actually only a deposit, and the price we thought was for the whole room, was actually per person. We asked for a clarification, whether what we paid was actually deposit plus rent, and in our interpretation we got a positive reply. The daft.ie ad said so and so €€€'s for a double bedroom, it didn't mention anything about how many people this covered. Since it said "double bedroom" we thought the standard is that this means two people can stay there, for no additional cost, since it's already a DOUBLE room.

Now when will call the landlord, we are told that if we cancel the deal, we lose out on the full deposit. We have been talking to a solicitor, who says that the landlord has no right to keep the deposit, since it should just be there to cover up for damage to the house, etc, and not to be used in this case, for "no-show". We are now planning to ask a solicitor to write a letter to the landlord to request the money back, due to misinformation/misunderstanding.

http://www.landlordzone.co.uk/deposits.htm#The_Holding_Deposit
"In the event of the tenancy agreement falling through the landlord may well decide to keep this holding deposit as recompense for the inconvenience caused, but this should be pointed out and stated in writing to any prospective tenant at the outset, along with a written receipt for the deposit held. Once the agreement is signed the holding deposit would normally then form a part of the Security Deposit, to be held by the landlord or the agent throughout the term of the tenancy."

We did not get this information at all. And since we have not moved in yet, the holding deposit has not been turned into a security deposit yet. We realise we might have asked too little questions about what the money covered exactly - but on the other hand, the landlord didn't tell us in writing that the deposit was non-refundable at the landlord's discretion.

Does anyone have any similar experiences? Would be grateful to hear from someone in this matter.

Gillo

No experience so I can't really comment, but you are looking at a British site which would advise on British law & tenancy rights. You'll need to find an Irish source for your information, try getting in touch with Threshold.

calsatron

I probably wouldn't bother with a solicitor to be honest as it'll have to go through the PRTB anyway and that's easily handled yourself. Give them a bell on 01 888 2960 and tell them your Landlord refuses to refund your deposit. I was speaking to them recently though and unfortunately theres a 6-10 week delay on hearings at that the moment.

You could also check with them if the property is registered. Any Landlord engaging in sharp business practices like this may well have an aversion to registering the property. If the property isn't registered then obviously your bargaining power dramatically increases re Revenue etc.

Make sure you keep a copy of the advert as well and write down as much as you can remember about the viewing/rent agreement, if the situation is as you describe it then I don't think there's any question of you not being entitled to your deposit back. He's just chancing his arm.

jackal

I would be very annoyed at this stupid trick by the landlord. You are being far too polite, as he is clearly just ripping you off. Your assumptions were more than reasonable, a double room was what was advertised, its not a feckin hotel he is running. He obviously takes you for a soft touch, dont act like one.

Can you cancel the cheque at this stage? If so that would be the quickest way to end this bulls**t.

Del2005

Maybe move this to the accomidation fourm. They'll have a lot more info

http://www.boards.ie/vbulletin/forumdisplay.php?f=38

jimmycrackcorm

I'd cancel the cheque as it wouldn't be worth the landlords effort trying to follow up and hep probably realises he wouldn't win out anyway.

antoinolachtnai

Does the landlord live in the house? If he doesn't, PRTB is your next port of call. If he does, try the small claims court (it's a licence rather than a lease).

flodis79

jimmycrackcorm wrote: »

I'd cancel the cheque as it wouldn't be worth the landlords effort trying to follow up and hep probably realises he wouldn't win out anyway.

The cheqye was already cashed in, so can't cancel it now, unfortunately. Have talked to Threshold and PRTB, and the landlord is not registered there, but has now put out the house sharing again, and this time at says "per person".. So it wasn't that difficult after that to be clear enough. I am just so upset since the landlord just blatantly lied as to what the money covered, ie just a deposit when we thought it was deposit plus one month's rent.

jimmycrackcorm

I'd definitely go the solicitor route with this as it is very clear what your intentions were but the landlord had to change the wording. Get copies of the Ad now.

BaZmO*

How much was the room initially advertised for?

When renting, a double normally means it's just a large room big enough for a double bed. It's very unusual for a room that is being offered for 2 people sharing and for it to be not specifically advertised as so.

Unless the cost for the room is something really small compared to other similar rooms I'd reckon he was just chancing his arm.

SimpleSam06

flodis79 wrote: »

the landlord may well decide to keep this holding deposit as recompense for the inconvenience caused,

Holding deposit my hole. Whats to stop some numpty making a little cottage industry out of claiming to rent a room, taking a deposit and then letting "tenants" know there are lots of odious conditions attached? That nonsense has zero legal standing.