Paying your last months rent with your deposit

Naked Lepper

going to cancel direct debit as i think the landlord wont give back our deposit as we are moving 7 months into a 12 month lease and i cant afford to loose all the deposit

anyone ever done this before, and what happened, id say the landlord was pissed eh?

Mahatma coat

fairly standard operatin procedure, fix a time for your departureand then cancel the debits so that the deposit is the last payment, most LandLords will try to hold onto the deposit and will try to inspect for damages so as they can refuse to give back your bond/Deposit

Sherifu

Accommodation & Property

Karoma

Moved.

The_Conductor

Legally you are not entitled to withold rent from the landlord and risk prosecution by doing so. The deposit is an entirely different payment, and there is no legal basis in tenancy law for it to be used in lieu of rent. The landlord will be fully within his rights to take you to initially the PRTB and then court for the outstanding rent owed, irrespective of whether there is a deposit in place or not. If the landlord is amenable to the deposit being used in lieu of the last months rent- you need to get this in writing from the landlord- but you have no right to unilaterly decide to this of your own accord.

bugler

going to cancel direct debit as i think the landlord wont give back our deposit as we are moving 7 months into a 12 month lease and i cant afford to loose all the deposit

You could try asking the LL about this? Try and work something out. Maybe you could facilitate viewings of the place to ensure new tenants move in fairly quickly, and therefore the landlord won't lose out and may return your deposit.

Victor

Naked Lepper wrote: »

we are moving 7 months into a 12 month lease and i cant afford to loose all the deposit

You are entitled to nominate a repalcemnt for the remainder of the 12 months. They just need to be acceptable to the landlord.

IanCurtis

I've done it, it's no hassle.

Never mind the legal stuff, it will never happen.

Small claims type-courts will always side with the tenant if it ever came to that, which it never will.

Be sure all bills are paid and out of your name though.

The_Conductor

IanCurtis wrote: »

I've done it, it's no hassle.

Never mind the legal stuff, it will never happen.

Small claims type-courts will always side with the tenant if it ever came to that, which it never will.

Be sure all bills are paid and out of your name though.

First of all- letting a house is a business- if a problem with a tenant is encountered the PRTB is the landlords first court of call, the district court thereafter. It is not in the jurisdiction of the Small Claims Court period. Secondly- if tenants are not found to replace the original tenants, the original tenant may be liable for the remainder of the lease (subject to conditions in the Residential Tenancies Act). Thirdly- the purpose of the deposit is used to clean the house and repair/replace any furniture, fixtures or fittings that may have gotten damaged during the tenancy. Legally the landlord is obliged to use it for this purpose, and no other purpose. He/She returns the balance to the tenant.

Finally- if it did go to court and you lost the case (after trundling its way through the PRTB), is it really worth having a legal judgement registered against you? In the current climate this would affect visa and travel in a number of different countries- including the US and Australia- along with there being an outstanding debt registered against you.

If you are unable to pay the rent- approach the landlord and open discourse with them. You will probably be able to come to some arrangement with them. Do not take matters into your own hands. Sure- some landlords may think that its too much trouble to chase you- but in the current economic climate- it just might be worth their while to chase you. If the rent is unpaid and the lease vacated without formal notification- the balance of the lease may be the bounty- not a single month's rent........

adam.number2

But IanCurtis is correct, the chances of being pulled through the PTRB/courts are very slim... Smccarrick is also correct, you really shouldn't do it. Bold students

Heisenberg.

This post has been deleted.

penexpers

adam.number2 wrote: »

But IanCurtis is correct, the chances of being pulled through the PTRB/courts are very slim... Smccarrick is also correct, you really shouldn't do it. Bold students

Well given the backlog the PRTB is currently dealing with, it is being used by alot of people. And in the case above, the PRTB would side with the landlord. I have seen one judgement from the PRTB that ordered a tenant to pay €6000 to the landlord because they broke a lease early.

Naked Lepper

smccarrick wrote: »

First of all- letting a house is a business- if a problem with a tenant is encountered the PRTB is the landlords first court of call, the district court thereafter.

he never got around to signing and sending those PRTB forms tho, does that mean we are all clear??

mikemac

Naked Lepper wrote: »

he never got around to signing and sending those PRTB forms tho, does that mean we are all clear??

It means he can take you and your housemates to court for the deposit
But then he faces a €3,000 fine for not registering and a swift and heavy handed audit from the Revenue.
Maybe hint at this

You can’t cheat an honest man and if your landlord was registered and above board then this wouldn’t have happened

Naked Lepper

ok well we still aint heard from him
we are not cheating anyone, we gave around 35 days notice that we are in a financial position that we are forced to move out
we cannot afford to loose the deposit on the house and judging from his tone and the letting agents tone, it seemed as though they were going to try and pull a fast one with our hard earned money, which we do not have alot of !
the house is in perfect condition and given the fast her was over charging us and the house had literally nothing in it when we moved in, this is karma coming around, if he had been a decent landlord, who put stuff in the house before we moved in paying extortionate rent things may be different

markpb

Naked Lepper wrote: »

ok well we still aint heard from him
we are not cheating anyone, we gave around 35 days notice that we are in a financial position that we are forced to move out
we cannot afford to loose the deposit on the house and judging from his tone and the letting agents tone, it seemed as though they were going to try and pull a fast one with our hard earned money, which we do not have alot of !
the house is in perfect condition and given the fast her was over charging us and the house had literally nothing in it when we moved in, this is karma coming around, if he had been a decent landlord, who put stuff in the house before we moved in paying extortionate rent things may be different

If you have financial difficulties, that's fair enough, these things happen.

You can't blame the landlord though. Presumably you knew what was in the house when you signed the contract? If stuff was missing, did you ask if it would be bought before you moved in? Also, you signed a 12 month contract and knew the rent before you did that. Did they put the rent up after you moved in? If not, you've only yourself to blame and the landlord is quite right to keep your deposit - they're not pulling a fast one, they're minimising their loss because you broke the contract.