Am I entitled to my deposit?

Kye1

Hello.

Me and my gf are moving out of our appartment in two weeks time. We gave notice yesterday. We are moving because the boiler has not been serviced since 22-9-04, and in the past few days its started to leak.

The day after we moved in (about 2 months ago) i spoke with the landlord and we organised a timeframe for when he was going to get it serviced and also a few other issues. He never phoned after that. About three weeks ago my girlfriend phoned the propertyshop (the people who admin the place for the landlord) and they said they would speak to the landlord again and sort something out. Nothing came from that.

We had wanted our deposit back, but we are not sure if we are in the right or wrong leaving giving only two weeks notice. Any advice will be greatly appriciated.

Kye.

Kye1

I have to give in a letter saying we are moving out in two hours. Any advice before then so i can bring it up when i go will be brilliant.

Any questions just ask.

Kye.

quozl

What happens if there is a fixed term lease in place?
A tenant cannot avail of the notice periods where they are bound by a fixed term lease which they signed. They can, however, end the tenancy where the landlord is in breach of an obligation and where they have written to the landlord regarding the breach and giving the landlord an opportunity to rectify the position.
...

The tenant is entitled to the return of their deposit if they take these steps.

From threshold.ie

Unless you have given written notice to the landlord about the boiler problem, followed by a period to rectify it, then another written notice of your intention to leave you may be in trouble. (as I read it)

I'd suggest emailing threshold.ie right now. Or ringing them if you can find a contact number.

Kimia

Well I woudl think that because the boiler hasn't been serviced in 5 years and it's started to leak that it isn't a safe place to live. Also the landlord has to (by law) :

"Your landlord must, by law, ensure that your home complies with certain minimum standards (e.g. free from damp, in good structural repair, hot and cold water, adequate means of heating and ventilation, appliances in good working order, electrical wiring, gas, pipes in good repair). If your home does not comply with these standards, report it to your local authority or the Private Residential Tenancies Board. An inspection will be carried out and the landlord ordered to do any necessary repairs."

This is from Threshold too - and it seems that you have tried to get the landlord to comply and he's just ignored you meaning he has broken the law - giving you the right to move out and get your deposit back.

Ring Threshold and tell them it's urgent that you need to speak with someone now about it.

Kye1

Phoned threshold but the lines are busy. I could delay taking in the notice intil tomorrow, it depends if its a factor in getting the deposit back or not.

When i phoned the propertyshop yesterday, the woman told me i probably wont get the deposit back. I had planned to argue the case with the boiler, even for half the deposit (since we are only giving two weeks notice).

Thanks for the advice so far, and also for that website, very helpful

Kye.