2 Months and I am still awaiting my deposit...

elwaster

Last year I rented an apartment a year back on a 12month lease, in Dundrum. Everything was fine with them whilst living there, then we decided to move out at 10 months. I informed them and they said I just needed to find another tenant, I found 3 within a week, so re-letting was not an issue.

However these jokers have had me waiting 2 months so far for my deposit. I have called every single week to ask about my money, and when I can finally get through to somebody I get the same answer I always get. The usual "We're looking into it, there's nothing we can do" Bull!! The house was passed as return deposit when it was inspected before we left, and because of all of this I have missed out on a total of 3 apartments because I need my deposit money back.

These estate agents have done nothing but abuse my so far patient nature towards the situation. And I'm sitting here like a complete mug, out of pocket because of their complete lack of Customer service or ability to operate as a business should!

I would never recommend this company to anyone.

Thing is now, I'm stuck with what to do next? because as I said i get the same excuse each time from them, that I will get it, they are working on it, it's not them it's another company... etc... when the house was passed I was told two weeks.

Any suggestions?

D3PO

elwaster wrote: »

Any suggestions?

id start by removing the name of the EA before the mods lock / delete the thread

elwaster

Cheers, any suggestions that will actually help me with this though?

D3PO

elwaster wrote: »

Cheers, any suggestions that will actually help me with this though?

start by calling them and telling them that you are raising a PRTB dispute and follow this by telling them you will be reporting this misconduct to the IAVI (assuming they are members) that might get things moving a little.

Id personally forget the phone and march into their office its amazing what a face to face confrontation does to help speed these things along.

if your still getting no joy you literally have no choise but follow the PRTB disputes process through but this will be a timely matter Im afraid

Graces7

This is such a common problem, see and support Threshold's plans?

http://www.threshold.ie/page.asp?menu=102&page=301

Wondering if anyone has tried the Small Claims court for this? You have proof that this is owed to you; this is the kind of thing they are there for.

Dreading our soon-move because of this aspect also. Especially as we have a case against the landlord re wrongful eviction.

Sir Oxman

D3PO wrote: »

start by calling them and telling them that you are raising a PRTB dispute and follow this by telling them you will be reporting this misconduct to the IAVI (assuming they are members) that might get things moving a little.

Id personally forget the phone and march into their office its amazing what a face to face confrontation does to help speed these things along.

if your still getting no joy you literally have no choise but follow the PRTB disputes process through but this will be a timely matter Im afraid

^^this
And don't leave without it

testicle

It hasn't got anything to do with the Letting Agent.

Graces7

testicle wrote: »

It hasn't got anything to do with the Letting Agent.

true, but if the landlord wants to stay with the agency to relet, a good agnet will put pressure on them.. happened to us last time.

only the house was so bad they refused to take it on again...

Sir Oxman

testicle wrote: »

It hasn't got anything to do with the Letting Agent.

In my case, I didn't know the landlord and it was the agent who took my money - I went to their offices after weeks of being fobbed off and stood there till they handed over what they took off me.
The agents can get it back off the landlord.

unimpressed2

Letting agents are absolute liars. They twist things to suit themselves.
I too was moving out 10 months into a year lease and had informed the agent 2 months in advance. I was told there was no problem and that they would find someone to rent the place easily as they "knew the market".
I made 5 phonecalls in those 2 months to make sure I was getting the full deposit back and was told there's no problem the landlord will transfer the money into my account when he inspects the place.
Letting agent showed the property to 2 prospective clients in that time.
On the day we moved out the agent inspected the property and confirmed it was perfect.
1 week later no deposit back. Couple of phonecalls to agent later and I was told we're not getting it back!!! 3 weeks of explaining the situation to the letting agent (who never called back when messages were left) and demanding the money back have resulted in nothing.
There is some1 living in the place we left now so the landlord is not out of pocket and we're down 1025euro!!
They say the landlord changed his mind at the last minute!
I feel like I've been robbed and there's nothing I can do.
Has any1 suggestions how to get my money back???

variety

unimpressed2 wrote: »

I too was moving out 10 months into a year lease. They say the landlord changed his mind at the last minute!
I feel like I've been robbed and there's nothing I can do.
Has any1 suggestions how to get my money back???

If you had a fixed term lease for 12 months the landlord is perfectly entitled to keep your deposit, so there's nothing you can do.

But the important words there are "fixed term". If your lease agreement didn't say those exact words then you should go to the PRTB and report them. A tenant can take a dispute to the PRTB even if the property was never registered by the landlord.

From other posts here, though, it seems as though the process could take up to 18 months. And even then, if you didn't give notice in writing the PRTB are unlikely to rule in your favour.

gurramok

variety wrote: »

If you had a fixed term lease for 12 months the landlord is perfectly entitled to keep your deposit, so there's nothing you can do.

But the important words there are "fixed term". If your lease agreement didn't say those exact words then you should go to the PRTB and report them. A tenant can take a dispute to the PRTB even if the property was never registered by the landlord.

From other posts here, though, it seems as though the process could take up to 18 months. And even then, if you didn't give notice in writing the PRTB are unlikely to rule in your favour.

Don't get you there. Once the 12 months are up on a 1yr lease, and the notice given within required timeframe(which the poster did), the poster is well entitled to get the deposit back assuming 12months rent have been paid and a new tenant moved in on the 13th month. Its theft in my book.

eightyfish

D3PO wrote: »

start by calling them and telling them that you are raising a PRTB dispute and follow this by telling them you will be reporting this misconduct to the IAVI (assuming they are members) that might get things moving a little.

This. Do this.

If you informed the agents that you were moving out with notice, any you found new tenants that they were happy with, and if they agreed to all this and said you would get your deposit back, then you are entitled to it. In most cases the agents holds the deposit so they shouldn't have to wait for the landlord.

Our agents tried to keep half of our deposit for "cleaning" despite the apartment being perfect and our pictures to prove it. In the end we appealed to the PRTB and got our full deposit back.

variety

gurramok wrote: »

Don't get you there. Once the 12 months are up on a 1yr lease, and the notice given within required timeframe(which the poster did), the poster is well entitled to get the deposit back assuming 12months rent have been paid and a new tenant moved in on the 13th month. Its theft in my book.

The poster (who is not the OP) said they were "moving out 10 months into a year lease and had informed the agent 2 months in advance" which I assumed to mean they informed the agents 8 months into the lease that they were moving out at 10 months.

From my assumptions, I wouldn't imagine the 12 months rent had been paid. And if the tenant did move out at month 10 and didn't find another tenant to take over the lease, a deposit is definitely allowed to be withheld.

Edit - Agree gurramok with your scenario that if proper notice is given and rent is all paid, then not returning the deposit is theft and the LL should be punished. (I'm a tenant, btw, not a LL - it's just astonishing how little tenants know about their rights and their responsibilities - how can unimpressed2 expect their deposit back after breaking their legal contract?!?!).

unimpressed2

I know that if a new tenant was not found then the deposit is withheld. But my problem is a new tenant WAS found, not by me but by the letting agent. The letting agent had told me all along that they would get some1 to take over the lease but when it came to giving back the deposit they said the landlord changed his mind and is not giving it back!
The LA gave the reason that the place was not being rented so deposit was being kept but after me constantly ringing them they let slip that it WAS being rented and the new tenant moved in a few days after we moved out!!
I didn't find a replacement tenant because the LA did but I still didn't get deposit back. That's why I feel i've been robbed. Are the LA and LL are trying to pull a fast one on me....

eightyfish

Did you call the PRTB?

dopes

I worked in a letting office a few years back and this is the situation (at least it was when I was in the industry)

If you have a 12 month standard lease WITHOUT a break clause then you are entitled to nothing. though most landlords are decent enough and if you left the place and they found new tenants then they usually will refund you in full. Mind you it all depends on the terms of your lease, so go through it carefully. Also, I noticed you said that the letting agent found someone else, that means that the landlord will be charged a letting fee which will be deducted from any deposit you receive. Its usually a years rent divided by 5 -10%

If you had a break clause then definitely raise it with the PRTB board.

The letting agency dont hold the deposit and they can only hound their client (the landlord) so many times...I know it's incredibly frustrating, but that's the situation as I understand it. A good idea (though not entirely ethical) if you find yourself in a similar situation again, get the new tenant to give the deposit to you, that way the landlord still have one months deposit and you get your money back.

Hope that helps. Good luck with it.

variety

unimpressed2 wrote: »

The letting agent had told me all along that they would get some1 to take over the lease [...] I didn't find a replacement tenant because the LA did but I still didn't get deposit back. That's why I feel i've been robbed. Are the LA and LL are trying to pull a fast one on me....

Unfortunately, the residential tenancies act stipulates that it's the tenant's job to get the remainder of the lease signed over to another tenant, not an agent's job. The agent was certainly in the wrong for misleading you, but I don't think you have any recourse, since ignorance of the law doesn't mean the law doesn't apply.

You might consider contacting the LL to see if they did keep the deposit - the agent may have kept it which is definitely wrong. But then the agent is pulling a fast one on the LL and not on you. Sorry.

gurramok

On the further info provided, its a mess alright. You should of found a tenant yourself as you were just relying on the agents word. You broke the lease inadvertently and may not get your deposit back as its a legal document.

Think you need professional advice(perhaps a solicitor) for this, ring Threshold and the PRTB as it appears you were duped by the agent.

unimpressed2

I didn't get onto the PRTB yet as I can imagine how long it would take to resolve the issue and I am not living in Dublin any more.

The only other thing that is odd is that I never got a copy of the terms of the lease sent out to me even though I asked for it at the start of the year and when I was moving out. They said they'd send it out but never did. I would love to go through it word for word and find something to use. And not one of the countless messages I left were passed on to the manager and I was never called back when I left voice messages. Frustrating is right!!!

The LA is a supposedly reputable company with brand new offices in Kilmainham. Is there any body I can complain to about the terrible lack of professionalism they displayed?

tothepowerof3

elwaster - Did you ever get your deposit back in the end? I've had similar trouble getting mine back which judging from your post relates to the same crowd and perhaps the same property. I've never encountered such a non-responsive, unprofessional and careless attitude in any line of service as I have dealing with these people.

padma

I had a problem like this before in Cork with a letting agent, though I had finished the full lease and moved on but this crowd held the deposit for over a month, so, One day I arrived outside there office in Washington street in cork with a piebald pony, got my friend to hold the reins while I went in. So, I said to the secretary, Hi, It's me again, do you like my horse? huh? she says, yes, I'll be bringing it in to town every day until I get my deposit back as I can't tax my car without the deposit. 3 o clock that day it was put in to my bank account.

unimpressed2

I never got it back. I didn't really have a leg to stand on. The letting agent wouldn't give me the details of the landlord and I could do no more. However, knowing what I know now, if I could go back in time I would kick up a serious fuss about the whole thing. I didn't know enough about my rights and wasn't cute enough to get the deposit back from Broke Delapp in Dublin.
My advice... Never trust anyone with 'agent' in their job title!
(same goes for car salesmen)