No deposit returned from landlord?

BubbleWrap85 · 30-09-2008 6:05pm #1

Was renting a house with 2 others from Sept 07 - June 08. The original agreement and contract said it was a year long lease but estate agent told us from the beginning that should we inform them/the landlord early enough there shouldn't be any problem leaving. We only wanted to rent until end of June so in early May or so we got the okay from the estate agent.

Upon leaving, we cleaned the house and left it spick and span. Even left a bottle of wine as a thank you for the l/lord! We never gave him any trouble & only contacted him when we had to. We have still not received our deposit & we finished paying rent in early July. He rang my housemate after that wondering where our August rent was but she explained and he said okay. She didn't ask him about a deposit as we presumed it would be forwarded on to us.

Do we have a leg to stand on? He seemed like a genuine guy & we're just annoyed as if we thought weren't going to get our deposit back we wouldn't have bothered cleaning the house - we'd have put rotten eggs over it instead! :P I've just emailed the estate agent as I don't particularly want to phone him about this, plus isn't it their job to act as a go between?

Victor · 30-09-2008 6:09pm

Did you give the appropriate notice? What was the response to this notice?

Do they know where to send the money?

jaffa20 · 30-09-2008 6:15pm

Sounds like you're entitled to your deposit back. Did the estate agent not inform the landlord or something

I would wait and keep calling both landlord and estate agent. If nothing is done, threaten to take legal proceedings.

confuzed · 30-09-2008 6:21pm

1st- did you give written notice one month prior. If yes, write to PRTB and send a copy to EA and owner. Its nothing new, greedy investors and EAs.

BubbleWrap85 · 30-09-2008 9:05pm

Didn't give written notice no. Phoned them up. Twas actually my housemate that was talking to the agency about it. Grr. Basically it's worthless is it? We're just relying on his good nature?

Board-in-work · 01-10-2008 9:35am

This also happened to me.
When the EA says that there should be "no problem leaving early" they actually mean that there will be no problem in that they won't pursue you for the remaining rent due. Not getting your deposit back is actually "no problem" to them, as they keep it.
Unless you had this specific break clause written into your lease, then you will not get your deposit back. You are not entitled to it I'm afraid. Move on, and learn from this when you have to sign another one.:(

the_syco · 01-10-2008 9:56am

Lemme see... you rented the gaff till June, left early July...

You sign the September to June lease with the EA, or the landlord? If with the EA, remind them that you didn't leave early, you left as per the contract.

As your LL ranf about Augusts rent, I'm guessing that you signed the lease with the EA? If so, did you pay the EA the deposit? If I'm wrong about the points above, where does the EA fit into the picture?

BubbleWrap85 · 01-10-2008 8:38pm

Hi! I emailed the EA as I said last night & just enquired about the deposit & it's return. I was informed that the EA did not manage the property, the deposit was given to the LL and therefore it's return [or not] of the deposit was with him! I'm inclined to think however that as we paid the deposit to them the EA [we have a receipt as proof] & they were our go between with us and the LL surely it's up to them to ensure our deposit is returned seeing as there was no damage done to the house?

We broke the lease technically, as it was from September for a year, and we left in end of June, but we had okayed this with the EA who told us it was okay with the landlord! So we figured we'd get our deposit back. We had also told them that we didn't mind if they/the landlord wanted to use time in June to show prospective tenants around the house! This just sucks & it's a matter of princible more than anything else!

BubbleWrap85 · 01-10-2008 8:41pm

Board-in-work wrote: »

This also happened to me.
When the EA says that there should be "no problem leaving early" they actually mean that there will be no problem in that they won't pursue you for the remaining rent due. Not getting your deposit back is actually "no problem" to them, as they keep it.
Unless you had this specific break clause written into your lease, then you will not get your deposit back. You are not entitled to it I'm afraid. Move on, and learn from this when you have to sign another one.:(

They don't keep it though, surely the purpose of the deposit is for the LL in case we break or damage something in the house? We didn't, so therefore deposit should be returned to its rightful owners! This sucks ass!

BOO

Board-in-work · 02-10-2008 9:42am

If you finished paying rent in early July, and the landlord called asking where his August rent was, then the EA probably never informed the landlord that the lease had been terminated.
Give the landlord a ring - explain that you gave a months notice - and he may give you the deposit, because you were a good tennant. It's up to the landlord to do the decent thing I'm afraid.....

sorella · 02-10-2008 12:15pm

we are moving soon and we did not know that the deposit was with the landlord not the agent until the landlord offered it back to us.

It was not made clear.

BC · 02-10-2008 1:00pm

BubbleWrap85 wrote: »

we had okayed this with the EA who told us it was okay with the landlord! So we figured we'd get our deposit back. We had also told them that we didn't mind if they/the landlord wanted to use time in June to show prospective tenants around the house! This just sucks & it's a matter of princible more than anything else!

Did you give the notice in writing to the EA and did they reply in writing?

BubbleWrap85 · 02-10-2008 7:03pm

BC wrote: »

Did you give the notice in writing to the EA and did they reply in writing?

No writing am afraid. Wasn't aware we had to. Was relying on genuinity [or whatever the word is] of people

Naive I see now!

the_syco · 02-10-2008 10:41pm

BubbleWrap85 wrote: »

I'm inclined to think however that as we paid the deposit to them the EA [we have a receipt as proof]

BubbleWrap85 wrote: »

we left in end of June, but we had okayed this with the EA who told us it was okay

Who did you pay rent to? The EA or the landlord?

cantdecide · 03-10-2008 12:27pm

I was just reading a mate's lease and it explains that the deposit can't be used as the last months rent- I can't remember the exact phrasing.

If that is a standard term, I think it means he's obliged to return your deposit and pursue you for unpaid rent???

Emerald Lass · 15-10-2008 10:45am

BubbleWrap85 wrote: »

They don't keep it though, surely the purpose of the deposit is for the LL in case we break or damage something in the house? We didn't, so therefore deposit should be returned to its rightful owners! This sucks ass! BOO

no the deposit is to cover damage or breaking the lease. In fact the Ll could legally pursue you for the rent for the remaining months on the lease.

If all you had wa a verbal agreement with the EA that you could break the lease then you dont have a leg to stand on and even the PRTB will not help you. you signed a lease, you broke it, and so you have to suffer the consequences. If you feel that the EA misled you then you need to take this up with them - its a seperate issue. Its not the LL's fault that the EA gave you incorrect info - at the end of the day you signed a lease, its a legal agreement and you broke that agreement. The LL now has to find new tenants in a difficult market, when he was expecting you to stay for a full lease term.

The fault lies with the EA, and if you want to pursue them then by all means - ring the IAVI and get their opinion. But if it was all verbal, then I doubt they will admit they gave you wrong advice. unless its in writing fromthem that you can break the lease with no penalty then I doubt you will get very far.

Sorryt o be the bearer of bad news

Emerald Lass · 15-10-2008 10:49am

cantdecide wrote: »

I was just reading a mate's lease and it explains that the deposit can't be used as the last months rent- I can't remember the exact phrasing.

If that is a standard term, I think it means he's obliged to return your deposit and pursue you for unpaid rent???

you are misunderstanding this clause I'm afraid. the clause means that the tenant cannot refuse to pay the last months rent because they have a deposit. This is because then the tenant could stop paying rent amonth early, and then trash the place, therefore the LL has no deposit to cover the cost of the damage.

It is nothing to do with the LL not returning the deposit. The LL can refuse to return the deposit if any damage is done or any clauses of the lease are not adhered to - i.e the lease being broken, subletting, additional people in the house not listed on the lease etc.

nadin278 · 15-10-2008 11:08am

If you signed a lease for a year, 12 months, and left in june, without giving proper notice( even if you did say it to the agent, you have no proof,)
read this:
http://www.threshold.ie/page.asp?menu=74&page=256 -

according to ityou are not entitled to your deposit back.
Notice should be in writing, 35 days( as it was over 6 months you were living in the proeprty).

Even if the apartment is spotless, and you were great tenant, landlord, may still keep your deposit, because legally you broke the agreement.

Ring EA and see what he will say to you, dont email, just ring up and talk about it.

And next time, be careful, what type of lease you are signing, and clarify deposit situation, before you give the keys back.

No deposit returned from landlord?

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