Getting Deposit Back

simon_diamond

Hi,

We left our apartment 1 month ago and have not got the deposit back. We left the apartment in the same condition we found it

The landlord has not been answering his phone and the agent doesn't want to know about us. I managed to speak to the landlords wife and she said he would give me a call but I am still waiting....

Has anyone got any advice on how I can get this money back? Do I need a solicitor? Small Claims Court? PRTSB?

Please help


Thanks,
Simon

Xiney

Send them a registered letter saying that this is their last chance to return the deposit before you go to the PRTB.

Then go to the PRTB.

simon_diamond

Thanks...Is the draft below sufficient?

RE: xxxxx

Dear xxx,

As you know, I moved out of the above property on October 25th, ________ after giving due notice of my intention to vacate. The property was cleaned there were no damages to the property beyond normal wear and tear. The Letting Agent Mr xxxxxxx xxxxxxxxxxx of xxxxxxxxx complimented us on the state of the property and assured us that our deposit would be returned in full.


Both the letting agent and I have made numerous attempts to contact you via email and phone however we have not received any reply from you and the deposit has not been forthcoming. I spoke to Mrs xxxxxxxxxxxxxxx last Friday (Nov 26th) at 1.45pm and 3.32pm and she assured me you would contact me over the weekend. No contact was made.


Under the Residential Tenancies Act 2004 the landlord is obliged to ‘return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease’

Please return to the full deposit (€xxxx) and costs of this registered letter (€5.25) to the above address within the next 7 days.


If the deposit is not received by December 7th 2010, I will be obliged to engage with my solicitor to refer this matter to PRTSB to recover the initial deposit and full costs.

Kind Regards,



____________
xxxxxxxxxxxx

amdublin

Yep I'd think you have everything covered in that op

pooch90

It's PRTB though OP, just make sure you change that as saying PRTSB will make you look amateurish. Good letter, love the pettiness of asking for your €5 too!!

Scambuster

I would love this situation. Get on the prtb but you should also absolutely hound the landlord. Take it to extremes and let him squirm.

wyndham

I wouldn't ask for the cost of the letter. As it is you that has chosen to send it, I don't believe you are entitled to it. Also it detracts from the point.

snubbleste

wyndham wrote: »

I wouldn't ask for the cost of the letter. As it is you that has chosen to send it, I don't believe you are entitled to it. Also it detracts from the point.

why not?
It costs money to recover money and that should be added to the debt.

edanto

I agree. - charge him for what he's costing you. I'd add another line or two to the letter, after you mention your solicitor;

"In that event, you may become responsible for all costs (professional services and time) related to receiving the deposit refund. Full payment must be received within ten days to avoid this escalation."

Cheek of him ignoring you, he's probably waiting until he gets rent from new tenants, but that's not your problem.

wyndham

snubbleste wrote: »

why not?
It costs money to recover money and that should be added to the debt.

Yes, if a judge awards costs in a court of law. Why not consult a solicitor and retain a senior counsel as well while he is at it? Why not ask for the interest on the amount? What about the cost of the phone calls? It is not at the stage where you should be looking for costs.

snubbleste

wyndham wrote: »

Yes, if a judge awards costs in a court of law. Why not consult a solicitor and retain a senior counsel as well while he is at it? Why not ask for the interest on the amount? What about the cost of the phone calls? It is not at the stage where you should be looking for costs.

Good ideas there OP from wyndham.