Possible issue of lease & deposit.

Dr Nic

Hi Guys,
Moving out of our house next week from college after 10 months.
Last Aug we signed a 12month lease.
We said in early May that we would be moving out to our landlady, in mid June.
She was fine with it.

However she still asked for rent for all of June despite that she had our deposit. We thought she could just keep that and we'd not pay the last month at all.
She said the estate eagent would gve us our deposit back

Now by a very strange coincidence, the estate agant called yesterday and mentioned in chat that he never deals with deposits.

So we're thinking the landlady is trying to keep our deposit.
Maybe we're wrong but has anyone any idea where we stand. Can we get it back? Is our lease legal?
The house is immaculate btw...
Thanks!

silja

Are you providing follow-on tenants? Do you have it in writing (or at least text/ email) that she is letting you out of the lease early and you will get deposit back if house is ok?

If not, and you are moving out two months before your lease is up, the LL is entitled to keep your deposit. She technically could persue you for the remaining one month's rent but in reality this is unlikely to happen.

Dr Nic

Negative on writing/follow on tenants...
I thought if we just told her in plenty of time we would be ok no?

Kosseegan

A 12 month lease is 12 months long. What part of that do you not understand? Of course the landlady is going to keep your deposit. You are breaking your agreement. She may never have let you in at all if she knew you wouldf go back on your agreement.

odds_on

A deposit may NOT be used to pay the last month's rent and a clause is usually included to this effect, in the lease.

Dr Nic

Thanks Guys...
I was just wondering why everyone i've spoken to ahs said that the law is always on the side of the tenant, and as long as you give a months notice you're fine regardless what lease you have signed? They're surely not all wrong? A solicitor even told me this!

Also im wondering what the story is with our landlady being registered for tax. I work as well as study and will have enough tax credits fingercrossed to claim something back for rent. Whats the story if she's not listed? I checked prtb and im not seeing our house/landlady?

Yawns

I could be wrong or a few ppl could be full of **** here.

1st. She can't keep you're deposit. She can try to take legal action to get the last contractual months rent but she cannot withhold deposit. Deposit can only be used for damages, unpaid bills and cleaning purposes outside of normal wear n tear. IE new carpets put in when you moved in and then having to be replaced cos you took a big knife to them etc.

2nd. You do not have to provide follow on tenants or anything. Give her 28 days notice that you are moving out but as per #1 she may take legal action for rent remaining owed on contract. So if you move out on 10th month she can pursue for 2 months rent. Most are fine with 30 days notice and prefer not to bother with hassle of PRTB for 2 months rent.

3rd. You have to pay last months rent in full and deposit cannot be used to pay it. Some tenants and LL's agree to it but legally it's not supposed to be.

4th. Yes in most cases of PRTB and court the judgement is usually on the side of the tenant but you shouldn't need to bring it this far. If you paid a deposit to an estate agent, then send a letter detailing when you are moving out, what you paid in deposit. Take a note of all meters on the day you are moving out, pay all bills in full. Inform agent that all bills are paid and the meter readings in the letter. Inform you want the deposit paid in full by x date (reasonable time frame)

Yawns

As regarding tax, don't even worry about it. Just fill in the details on whatever forms you need and send it off. If she's not registered then revenue will chase her up on it. Just try to get any tax back you need for yourself.

EDIT*

Make sure to take photos of every room when you move out. Helps when an EA or LL tries to claim place was left vandalized or needed painting which had to be deducted from deposit. Get good clear photographs too. Make sure to hand in all keys etc.

not even wrong

Dr Nic wrote: »

Thanks Guys...
I was just wondering why everyone i've spoken to ahs said that the law is always on the side of the tenant, and as long as you give a months notice you're fine regardless what lease you have signed? They're surely not all wrong? A solicitor even told me this!

They're all wrong. Even in the absence of a written lease, up to 56 days notice can be required from the tenant under a Part 4 tenancy. But in your case you cannot break your 12 month lease without losing your deposit (your other option is to find a replacement tenant).

Shocked that a solicitor would tell you this, I hope you didn't pay them for this advice.

Dr Nic

Thanks!

This is major news to me. At least 10+ people told me this, and told me this unequivocally. It was as if they were 100% sure of it. I didnt pay the solicitor though

Im going to call her tomorrow to ask for her PRTB number so i can claim back my tax. We'll see then whether we're getting our deposit or not.

Surely if she's not registered, then she has no rights under your quoted Part 4 tenancy, not even wrong?

Thanks again!

Monty Burnz

Remember to put stuff in writing. Give your notice in writing, register the letter when you send it.

not even wrong

Dr Nic wrote: »

Surely if she's not registered, then she has no rights under your quoted Part 4 tenancy, not even wrong?

If she's not registered with the PRTB then she cannot bring a complaint against you to the PRTB.

However if she retains the deposit she will not be the one making the complaint, you will. She will still have the right to defend herself.

Dr Nic

How can she defend herself?
What position can she take, and still not be done for tax evasion?

not even wrong

Dr Nic wrote: »

How can she defend herself?

By holding up the 12-month lease that you signed.

What position can she take, and still not be done for tax evasion?

The PRTB has nothing to do with tax. Being registered with the PRTB does not automatically mean that the landlord is paying their tax, and vice versa.

scotty_irish

you signed a 12 month lease. she's gonna keep your deposit. she's not gonna bother pursuing you for the rest. you can try get your deposit back, but good luck. will take forever and be a massive hassle and it's you that broke the lease. i tend to normally side with tenants in these situations, biut in this case i think she's right to keep it.

Dr Nic

Is there anyway of knowing if she is registered for tax? Deposit aside, i would still like to claim back tax if i cross the threshold.
Does anyone know what the income tax threshold is, that you have to earn over so that you can claim back rent relief?
Thanks

ShadowHearth

is it me, or deposit is just a gift to landlors in 99% of cases. :rolleyes:

when i rent out property most of the times i just forget about getting back deposit, as its allways some sort of bull**** to happen. ihad tons of friends who newer got theyr deposits back, for example: just becouse the oven was not perfectly washed! :eek: and i know those people, after they moved out, they came back for 1 day to was clean and vacum everything in that house!

i will be moving in to bought house soon enought, i hope, and i dont even count on that 650eu i payed deposit, i bet there will be a problem.

in your case op, she does have a ground to stand on, you do bail out of lease 2 months earlyer.

i presume just if you bail and leave deposit she wount go after you, ask for that number to for taxes, iam prety sure she is not even registered which will put her off to go after you.

good tip on making pictures of the place. i will upgrade that tip: when you move in into new property make pics of apartment when you move in and keep them for the record, incase landlord will decide that there were gold plated walls.

TinyT

this might help. From http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Tenants can terminate a tenancy without giving a reason but must give notice.
Length of tenancy Notice by tenant Less than 6 months 4 weeks (28 days)6 months to 1 year 5 weeks (35 days)1 – 2 years 6 weeks (42 days)2 or more years8 weeks (56 days)
If tenants have a fixed-term agreement or a lease, they are also subject to the terms of this agreement. This means they may lose their deposit if they leave before the term stated in the lease, even if they give the correct amount of notice.

Dr Nic

Thanks!
Thats the end of that then i suppose. One of my colleagues thinks that we can still get the deposit, but to be honest im out now...
Thanks again Guys!

I cant believe so many people told me unequivocally that no lease is legally binding??

superrdave

Read the residential tenancies act 2004.

Ray Palmer

ShadowHearth wrote: »

is it me, or deposit is just a gift to landlors in 99% of cases. :rolleyes:

It is just you. People only tend to hear about people with problems.

I used to give tenants options.

I can inspect the house before they leave giving them a chance to sort out anything I see as an issue and call back the next day to give them the deposit back after a final inspection.

OR

I can arrive on the day they are leaving and give them the deposit back minus any deductions made on the spot based on how it is then.

Most strangely pick the last one and get shirty if there were any deductions as they assumed I should give it all back regardless of any damage. I now only do it the first way and tell them when they sign that is how it will be done. They still act surprised when I tell them how it is going to be when they are leaving. There really is no pleasing some people as they wrongly assume like you I am trying to keep the deposit.

I assume I will have to replace the carpet at have to repaint. I don't plan to keep the deposit to pay for this. If anything has burn marks on it the tenant pays to replace it. No tenant has ever said yeah I did that fair enough even with photo evidence. Normally not worth the hassle of arguing so I rarely bother but I don't like the attitude more so than anything else.

ShadowHearth

Ray Palmer wrote: »

It is just you. People only tend to hear about people with problems.

I used to give tenants options.

I can inspect the house before they leave giving them a chance to sort out anything I see as an issue and call back the next day to give them the deposit back after a final inspection.

OR

I can arrive on the day they are leaving and give them the deposit back minus any deductions made on the spot based on how it is then.

Most strangely pick the last one and get shirty if there were any deductions as they assumed I should give it all back regardless of any damage. I now only do it the first way and tell them when they sign that is how it will be done. They still act surprised when I tell them how it is going to be when they are leaving. There really is no pleasing some people as they wrongly assume like you I am trying to keep the deposit.

I assume I will have to replace the carpet at have to repaint. I don't plan to keep the deposit to pay for this. If anything has burn marks on it the tenant pays to replace it. No tenant has ever said yeah I did that fair enough even with photo evidence. Normally not worth the hassle of arguing so I rarely bother but I don't like the attitude more so than anything else.

fair play to you so m8. it must be true, you allways here only bad things.