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Am i entitled to my deposit back?

  • 25-05-2008 7:54pm
    #1
    Maurice Lynn
    Closed Accounts Posts: 16 ✭


    I recently went to view a house in Navan, House was perfect so i put down my deposit on it of €1200 euro to hold it for me because i couldnt move into it for a month, two weeks later and my situation has changed so i cannot rent the property, i rang the letting agent and they said i cannot get my deposit back as she told me at the time it was a holding deposit and was non refundable,

    Is this right?

    Am i entitled to my deposit back?

    Thks Maurice


Comments

  • #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Depends on whether you were expected to sign a lease or not. Did you sign a lease?


  • #3
    Maurice Lynn
    Closed Accounts Posts: 16 ✭Maurice Lynn


    Yes i was expected to sign it, but i hadnt??


  • #4
    miju
    Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    I'd strongly recommend you contact the PRTB ( www.prtb.ie ) as soon as possible to get the correct advice (ph: 01-6350 600)

    to me sounds like a dodgy letting agent but these guys will put you right with the correct advice on all your rights and processes regarding this.

    hope it gets sorted


  • #5
    Gary ITR
    Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    to my mind a deposit is just that.... you shouldn't be entitled to it back because the letting agent would have taken the property off th market and maybe even turned other interested parties away.


  • #6
    Maurice Lynn
    Closed Accounts Posts: 16 ✭Maurice Lynn


    Yea i suppose, in fairness to them they told me to think about it because it was nonrefundable and that they had other viewings that they would have to cancel, sure what would be the point in a deposit if you could get it back?? :(


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  • #7
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    There is a reasonable chance that you are entitled to your deposit back. The position would appear to be that you paid a deposit subject to lease. since the lease was never executed you never entered the contract. Thee is a High Court decision of McWilliam J called Howlin v Power 5th May 1978 which supports this.
    Small Claims Court if the agent won't give it back.


  • #8
    MysticalSoul
    Registered Users, Registered Users 2 Posts: 1,266 ✭✭✭MysticalSoul


    As far as i know there is a clause for a "cooling off period", and to my knowledge this would be inside of two weeks, but once the two weeks is up, that opportunity is lost


  • #9
    Tails142
    Registered Users, Registered Users 2 Posts: 2,119 ✭✭✭Tails142


    irishamethyst wrote: »
    As far as i know there is a clause for a "cooling off period", and to my knowledge this would be inside of two weeks, but once the two weeks is up, that opportunity is lost

    Does this just apply to housing or to all deposits.

    Friend of mine put a €1200 deposit (one month) down on a creche space and then got offered a place in the work run creche which is only €800 a month.

    He contacted the creche three weeks before the child was supposed to start to try and get his deposit back but they're playing hard ball and saying the space was reserved.

    Doesnt want to leave the kid in the creche for one month to use up his deposit and then switch to the work creche as the space may be gone and wants to get the kid into a pattern.

    Anyone got any ideas whether he has any hope?


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