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Changed my mind about apartment

  • 29-01-2011 1:51am
    #1
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭


    I have paid a letting agent the deposit for an apartment but I have changed my mind and dont want to move in, I have not signed the lease, can i get the deposit back?


Comments

  • #2
    silja
    Registered Users, Registered Users 2 Posts: 2,921 ✭✭✭silja


    Did you sign anything at all/ get a reciept? Did they specify whether this was a holding deposit or a security deposit?


  • #3
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭shadowcomplex


    silja wrote: »
    Did you sign anything at all/ get a reciept? Did they specify whether this was a holding deposit or a security deposit?


    its a holding deposit and I have a receipt , I havent signed anything but there is a stamp on the receipt thats states if I dont go ahead with the tenancy the deposit is non refundable


  • #4
    DOC09UNAM
    Closed Accounts Posts: 8,305 ✭✭✭DOC09UNAM


    shadowcomplex wrote: »
    its a holding deposit and I have a receipt , I havent signed anything but there is a stamp on the receipt thats states if I dont go ahead with the tenancy the deposit is non refundable

    ^^


  • #5
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭shadowcomplex


    DOC09UNAM wrote: »
    ^^

    just because something is written doesnt mean its true, i mean do you know for a fact that this is legal


  • #6
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    shadowcomplex wrote: »
    just because something is written doesnt mean its true, i mean do you know for a fact that this is legal

    It is legal. The OP was given the option and it was stated. If the OP wasn't happy that it was non-refundable, then the OP shouldn't have handed over the deposit.

    So, as has been said, by the OP, if they "dont go ahead with the tenancy the deposit is non refundable".


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  • #7
    Theboinkmaster
    Registered Users, Registered Users 2 Posts: 4,034 ✭✭✭Theboinkmaster


    shadowcomplex wrote: »
    its a holding deposit and I have a receipt , I havent signed anything but there is a stamp on the receipt thats states if I dont go ahead with the tenancy the deposit is non refundable

    there's your answer - you could try to talk to the agent and get it back but id say you won't and have lost your money. Lesson learned.


  • #8
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭shadowcomplex


    Yes but I havent even read or signed a lease yet


  • #9
    Dymo
    Registered Users, Registered Users 2 Posts: 1,565 ✭✭✭Dymo


    This has nothing to do with the lease, they took the property off the market and possibly lost good tenants because of your actions. Now they have to remarket the property, advertise again. That's why they look for deposits to stop time wasters.


  • #10
    Treehouse72
    Registered Users, Registered Users 2 Posts: 1,003 ✭✭✭Treehouse72


    shadowcomplex wrote: »
    Yes but I havent even read or signed a lease yet


    You entered into an agreement for a non-refundable deposit. The deposit is non-refundable.

    Put it down as an expensive(ish) lesson and move on.


  • #11
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭shadowcomplex


    Its still being advertised on daft


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  • #12
    DOC09UNAM
    Closed Accounts Posts: 8,305 ✭✭✭DOC09UNAM


    shadowcomplex wrote: »
    Its still being advertised on daft

    Honestly, I highly doubt you'll get your money back.

    Only way to be sure is to tell the landlord, maybe tell some sob story as to why you can't move in, but legally he doesn't have to give it back to you.


  • #13
    tricky D
    Closed Accounts Posts: 9,700 ✭✭✭tricky D


    By paying a deposit, you are deemed to have accepted the contract and that contract has now been formed whether in writing or not, or still advertised. The non-refundable matter is thus in play.


  • #14
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭shadowcomplex


    I didnt know this was a holding deposit, I thought it was a security deposit. I only realised it after I got home and saw it stamped on the receipt ,holding deposit will not be refunded if I dont go ahead with tenancy


  • #15
    Giblet
    Registered Users, Registered Users 2 Posts: 11,989 ✭✭✭✭Giblet


    Don't make silly mistakes so easily in future. Read what you sign especially when it involves money.


  • #16
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    shadowcomplex wrote: »
    I didnt know this was a holding deposit, I thought it was a security deposit. I only realised it after I got home and saw it stamped on the receipt ,holding deposit will not be refunded if I dont go ahead with tenancy
    Tbh if you're handing over large sums of money then it's probably in your interests to clarify that kinda stuff beforehand.


  • #17
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    tricky D wrote: »
    By paying a deposit, you are deemed to have accepted the contract and that contract has now been formed whether in writing or not, or still advertised. The non-refundable matter is thus in play.

    That is not the law. The deposit is refundable. There was a high court case on it years ago. howlin v Power. Payment of a deposit on its own is not acceptance of contract.


  • #18
    Treehouse72
    Registered Users, Registered Users 2 Posts: 1,003 ✭✭✭Treehouse72


    bath handle wrote: »
    That is not the law. The deposit is refundable. There was a high court case on it years ago. howlin v Power. Payment of a deposit on its own is not acceptance of contract.



    Maybe not, but payment of deposit with a receipt that says "non-refundable" is a different matter.


  • #19
    caroiline
    Closed Accounts Posts: 42 ✭caroiline


    I was in the exact same position op my reciept said non-refundable, but luckly the letting agency agreed to give me my deposit back once they found new tenants.

    Say it to the agency and you might get away with only losing a small amount, the quicker you get back to them the better. I rang them back with in hours and i think thats why i was so lucky.


  • #20
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    you have 7 days to back out of any contract I('cept marraige)

    so if its been less you are fine


  • #21
    Senna
    Registered Users, Registered Users 2 Posts: 8,800 ✭✭✭Senna


    caroiline wrote: »
    I was in the exact same position op my reciept said non-refundable, but luckly the letting agency agreed to give me my deposit back once they found new tenants.

    Say it to the agency and you might get away with only losing a small amount, the quicker you get back to them the better. I rang them back with in hours and i think thats why i was so lucky.

    Good advice above. Are you renting somewhere else or have you found a different house? if not, maybe the same agency would have a different house that suits you, they'll likely to be more open transferring the deposit to a different house on their book.

    Or you could ask the PTSB for advice.


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  • #22
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Treehouse72 wrote: »
    Maybe not, but payment of deposit with a receipt that says "non-refundable" is a different matter.

    The "non refundable " clause is a penalty clause which is unenforceable in law. If the letting. Agent belongs to a professional body there would ne trouble.


  • #23
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭shadowcomplex


    bath handle wrote: »
    The "non refundable " clause is a penalty clause which is unenforceable in law. If the letting. Agent belongs to a professional body there would ne trouble.

    So ill get it back


  • #24
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Tigger wrote: »
    you have 7 days to back out of any contract I('cept marraige)

    so if its been less you are fine

    What is your source for that proposition?


  • #25
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    http://www.dolceta.eu/ireland/Mod1/spip.php?rubrique84


    Generally, in Ireland, once you have agreed a contract you cannot withdraw from it. This, however, is not always the case as there are certain contracts which allow you to have a ‘cooling-off’ period.


    The cooling off period is granted in the following circumstances.

    If a trader calls at your door either without being asked, or following an unsolicited phone call to you, and you enter into a sales contract with them, you have a “cooling off” period of 7 days. During this time you may withdraw from the contract but this should be done in writing and should be delivered to the trader either by hand or by registered post.
    If you sign a credit agreement away from trade premises, you automatically have a “cooling off” period of 5 days during which time you may cancel the contract, this should be done in writing and should be delivered to the trader either by hand or by registered post.




    It is obvious that the lease described above does not come under the "cooling off" legislation.
    It is most likely that it was subject to contract.


  • #26
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭shadowcomplex


    Jo King wrote: »
    http://www.dolceta.eu/ireland/Mod1/spip.php?rubrique84


    Generally, in Ireland, once you have agreed a contract you cannot withdraw from it. This, however, is not always the case as there are certain contracts which allow you to have a ‘cooling-off’ period.


    The cooling off period is granted in the following circumstances.

    If a trader calls at your door either without being asked, or following an unsolicited phone call to you, and you enter into a sales contract with them, you have a “cooling off” period of 7 days. During this time you may withdraw from the contract but this should be done in writing and should be delivered to the trader either by hand or by registered post.
    If you sign a credit agreement away from trade premises, you automatically have a “cooling off” period of 5 days during which time you may cancel the contract, this should be done in writing and should be delivered to the trader either by hand or by registered post.




    It is obvious that the lease described above does not come under the "cooling off" legislation.
    It is most likely that it was subject to contract.

    How can I make this any clearer, no lease has ben signed, I have not signed a thing


  • #27
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    shadowcomplex wrote: »
    How can I make this any clearer, no lease has ben signed, I have not signed a thing

    I know you did not sign a thing. The deposit would be considered to have been given subject to contract. It would not become binding until both sides sign it. As this has not happened the deposit is refundable. Is the agent licensed?


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