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Landlord keeping deposit!

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  • 23-03-2010 11:27am
    #1
    garminguy
    Registered Users Posts: 202 ✭✭


    hi,
    i used to share a house with my landlord and another guy.
    after four months of a 12 month lease i was offered a new job which meant i had to move to another part of ireland.
    i gave my landlord a full months notice and he wished me well.
    each month the bills were divided equally and we all paid our fair share.
    the last day of my staying there i was asked for my share of the utility bills which i paid there and then.

    i waited two months before asking for my deposit back minus the bills that i accrued until i left.

    the landlord then decided to let me know that i was not entitled to any deposit back as i had broken the twelve month rent contract.
    i then asked him why was i asked for utility bill money on my last day instead of him just taking it out of my deposit.
    i then asked him for his tenancy registration number with the residential board(or what ever it is called).
    i still await his reply

    my question is if he is not registered with the tenancy board does that make any rent agreement with me invalid?

    in other words ,because he was never registered as a landlord ,does that mean he cannot claim i broke the tenant agreement?


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    his registration has nothing to do with your rental contract. If you signed a 12 month fixed term agreement with no break clause then thats what your bound by.

    Furthermore it sounds like it was rent a room for which he wouldnt need to register with the PRTB anyway if thats the case.


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    #3
    neilthefunkeone
    Registered Users Posts: 1,522 ✭✭✭neilthefunkeone


    +1... If you break a contract then deposit is for fitted...

    Was for one of my rent terms.. Also its basically written into every type of contract.. For example broadband contracts.. Have to pay a cancellation fee and such for breaking.. sometimes even pay off the rest of the contract...


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    #4
    RentDayBlues
    Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    Surely the fact that it was a rent-a-room scheme means that the lease has no effect? Lease's are meant to protect both parties, but in this case the actual tenant had no rights as is the norm under this scheme. If the LL wanted him out during the 12 month period, do you think a "lease" would have made any difference? No, he would have just had to leave

    I would stand my ground OP - tell the LL than if you don't get your full deposit back you will take him/her to the small claims court for the money.


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    #5
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    RentDayBlues wrote: »
    Surely the fact that it was a rent-a-room scheme means that the lease has no effect? Lease's are meant to protect both parties, but in this case the actual tenant had no rights as is the norm under this scheme. If the LL wanted him out during the 12 month period, do you think a "lease" would have made any difference? No, he would have just had to leave

    I would stand my ground OP - tell the LL than if you don't get your full deposit back you will take him/her to the small claims court for the money.

    actually a lease does have effect in this case. Providing a lease is actually not very clever by the LL when you are renting under rent a room but has full legal protection for the tennant under it.

    My point about it being rent a room is that there is no obligation to register with the PRTB which was referenced in the opening post.


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    #6
    tmax
    Registered Users Posts: 37 ✭tmax


    In the first six months of a one year contract you need to give one month's notice of leaving, and that's legally fine. That's written in the standard lease contract. The PRTB will confirm this


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    #7
    garminguy
    Registered Users Posts: 202 ✭✭garminguy


    sorry, but i am still none the wiser!
    is it worth my whilt taking it to the residental disputes board and if i won my case how long or would i ever get any justice?


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    #8
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    tmax wrote: »
    In the first six months of a one year contract you need to give one month's notice of leaving, and that's legally fine. That's written in the standard lease contract. The PRTB will confirm this

    This does not apply. The PRTB is the Private Residential Tenancies Board...ie for people renting houses/apartments. The OP is renting a room from the landlord who is living in the property and therefore is operating under the rent a room scheme.

    OP - can I recommend contacting the Citizens Information service, their information officers have been very helpful to me in the past. information@citizensinformation.ie


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    #9
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    D3PO wrote: »
    actually a lease does have effect in this case. Providing a lease is actually not very clever by the LL when you are renting under rent a room but has full legal protection for the tennant under it.

    My point about it being rent a room is that there is no obligation to register with the PRTB which was referenced in the opening post.

    The tenant does not have full legal protection. He is only renting a room. To qualify for full rights a tenant must occupy a dwelling.
    A room is not a dwelling since facilities such as bathroom and kitchen are shared with others. The PRTB have already given a decision on this where a number of people had individually rented rooms in an apartment. None of them was the tenant of a dwelling and the PRTB refused to entertain a claim from them.
    The o/p entered a 12 month contract. He broke it. His only option is to sue in the courts if he thinks he should get money back.


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