Can we get our deposit back?

eleven

Hi everyone.

My boyfriend and I saw a lovely 2 bed house for rent, viewed it, loved it put down a deposit of 900 quid on it (on tuesday night). A couple of days later my boyfriends work let some people go and said that they may be going to reduced hours.

So of course we're upset, we can't afford the new place anymore and contact the owner (on saturday), explaining our circumstances and requesting our deposit back. She is unwilling to do this.

Having investigated, it seems to me that a landlord can only withhold deposit if a) The tenant hasn't given notice to leave or b) there is damage on the property. And that the deposit remains the property of the tentant and the landlord does not have the right to hold it (threshold.ie and citizens info sites)

Now, I imagine that the only cause she'd have to keep it would be under a). But we haven't signed any lease or letting agreement at all yet. Just paid a deposit, which we recieved a reciept for.

So would it be right to say that we as we haven't actually signed anything, that we aren't her tenants yet and so don't have to give notice? Therefore she has not right to keep our deposit?

Blah. Crappy situation all round. We don't want to land her in it any more that we want to give up the house. But this is where we find ourselves all the same.

Any thoughts?

athtrasna

Bear in mind that the apartment has been off the market for almost a week now reducing the chances of re-letting it so fast. If the landlord re-lets soon then you should be able to get most of your deposit back, all if they can get someone to move in when you were meant to..but the longer the apartment is empty the less of your deposit you are likely to get back.

She Devil

I'd fight for it!!!
You didnt live there! Its not fair put a bit of pressure on and they are sure to give it back, for moral reasons if nothing else!

Jo King

Did you get the keys? Was the deposit paid subject to lease? These are the important issue in determining whether or not you have a case.

gurramok

But we haven't signed any lease or letting agreement at all yet

As you didn't sign a lease and did not put down first months rent(you said you're not tenants yet), you're entitled to your deposit back, otherwise its thievery.

astrofool

What exactly did you sign when you handed over €900 to someone you barely knew? You surely didn't just hand them the money?

eleven

hi everyone, just wanted to thank you all for your messages and let you know that we got our deposit back.

Also - In 7 years of renting, my experience and that of everyone I know, has been that when you view a property and want it, you have to give a months deposit in cash in exchange for a receipt. No cheque's or anything. I don't like it, but there it is.