Can the landlord keep my deposit?

Pretty Polly

In Jan 2011 i moved into a double room in a 4 bed house, in a house sharing situation. The landlord didn't give me a lease, i only planned on staying a short length of time so it was no big deal. I paid the deposit- 270 and 1 months rent- 270 = €540.

Two of the housemates have recently moved out. One of the girls dogs ruined the carpet in her bedroom and the other girl spilt nail varnish and all sort on her floor, smoked in the room and damaged a few things. Result= neither girls got their deposit back.

I want to move out now. The bills are adding up now that they are no longer being split in 4. I haven't damaged the room in any way but i'm afraid that the landlord won't give me my money back (€270).

I'm not sure what to do or where i stand?:( I pay rent monthly through my bank account. We have no lease or rent book.

odds_on

The landlord didn't give me a lease,

Did the landlord say that you were replacing another person on a lease?
How did you come to rent in the house - did the landlord show you around and/or introduce you to the other tenants?
How is the house rented out - do/did the other tenants each have a lease for their rooms and you all share facilities, the landlord collecting the rent for each room or is the house rented out as a single unit and you all pay into a "pot" for the rent (or via direct debit)?

Pretty Polly

Thanks for your reply:)

odds_on wrote: »

Did the landlord say that you were replacing another person on a lease? No he just said the previous tenant had moved out.

How did you come to rent in the house - did the landlord show you around and/or introduce you to the other tenants? Yes, the landlord showed me around but he didn't introduce me to the other tenants as they weren't there at the time. Even now when he is viewing/showing the two vacant rooms to people, he gives us no notice that he/they will be arriving (its very annoying). I originally came across the house on Daft

How is the house rented out - do/did the other tenants each have a lease for their rooms and you all share facilities, the landlord collecting the rent for each room or is the house rented out as a single unit and you all pay into a "pot" for the rent (or via direct debit)?

No one has a lease. We share the facilities- the kitchen and sitting room and we all pay our rent, separately into his bank account. The house is not rented out as a single unit. Bills are split in 4..well in 2 now.

sligoface

polly he hasn't tried to keep it yet, if you really have not damaged anything then he has no right to keep your deposit. did you at least get a receipt for the deposit?

i assume you are new at renting/it's your first time. unfortunately, not all, but a lot of landlords will take advantage of renters, especially younger people (and especially those who don't bother to keep/ask for written proof of rent/deposits paid). you should always have a lease agreement even if not for a fixed term, a rent book and receipts for payment of deposit of rent. i know it can be a bit intimidating if you are not used to dealing with landlords, but the fact that you pay into his bank account is the only way you have any proof you ever paid him for anything, if you had paid cash you would have zero proof! so get those records printed from your bank if/when you need them.

if he refuses to return the full deposit, you can contact the PRTB and raise a dispute, a company called threshold also helps with landlord/tenant disputes. it's not a quick or easy solution, or so i've heard. you can do more research about them via google or seach here on boards.

petethebrick

sligoface wrote: »

if he refuses to return the full deposit, you can contact the PRTB and raise a dispute, a company called threshold also helps with landlord/tenant disputes. it's not a quick or easy solution, or so i've heard. you can do more research about them via google or seach here on boards.

Avoid this problem by using your deposit as your last months rent. Simply tell the landlord that you are having cash flow problems and so he can keep the deposit for the last months rent.

fasttalkerchat

petethebrick wrote: »

Avoid this problem by using your deposit as your last months rent. Simply tell the landlord that you are having cash flow problems and so he can keep the deposit for the last months rent.

Sounds good but the landlord doesn't have to accept it! Also you might not get a reference.

OS119

fasttalkerchat wrote: »

Sounds good but the landlord doesn't have to accept it! Also you might not get a reference.

he may not accept it, but the truth is that it'll take the LL at least a month to get her out by evicting her - its also a fact of the current rental market that that there are lots of landlords prepared to accept tennants without references, and in the end of the market the OP is in (houseshare) thats going to be most of them.

odds_on

Pretty Polly wrote: »

Thanks for your reply:)

No one has a lease. We share the facilities- the kitchen and sitting room and we all pay our rent, separately into his bank account. The house is not rented out as a single unit. Bills are split in 4..well in 2 now.

Thus, it seems to me that you have a verbal agreement to rent a room and you have shared facilities in the house. In this case, the landlord does not register the tenancy with the PRTB and the PRTB will not help you as this type of tenancy is outside the remit of the PRTB and the RTA 2004.

IMHO, if you give the landlord one month's notice (assuming you pay the rent monthly) then you are entitled to have you deposit returned excepting any damage beyond normal wear and tear.

Do you know if the other tenants who left have had their deposit returned?

If he does not return the deposit, your only recourse is to sue the landlord through the courts.

Graces7

fasttalkerchat wrote: »

Sounds good but the landlord doesn't have to accept it! Also you might not get a reference.

NB it is written into the Tenancy Act that the landlord is allowed to keep the deposit for rent arrears. So they accept that and thus that is fine.

LL has no choice and if he is being difficult and you think he even might retain the deposit, fair do. He is still getting what he is due after all, and so are you.

odds_on

petethebrick wrote: »

Avoid this problem by using your deposit as your last months rent. Simply tell the landlord that you are having cash flow problems and so he can keep the deposit for the last months rent.

IMHO, this will ultimately cause the landlords to ask for at least 1.5 times the rent as a deposit (as is common in the UK).

jimmycrackcorm

OP, why don't you simply ask the landlord what are the conditions on returning your deposit i.e. if deposits were kept already for the other rooms then what would prevent you from getting yours back on leaving?

Pretty Polly

Yes, i got a written receipt to say when the deposit was paid and how much i paid. Its very basic though and he just wrote it on an A4 sheet.

fasttalkerchat: I wasn't going to ask him for a reference, he's not exactly the tpe that would give one either i'd say.

odds_on: The other 2 tenants left without giving the 42 days notice to the landlord. Neither had their deposit returned. One of the girls pet's wrecked the carpet and the other unfortunately left the place in a bit of a state. Both girls should have had some of their deposit returned though. A lick of paint has made a huge difference to the rooms.

jimmycrackcorm: I will probably ask the landlord what are the conditions on returning my deposit. He's the type that would find some excuse to keep it though. He's a chancer. Instead of cleaning or taking up the carpet that the girls puppy had dirtied, he decided to put down a new wooden floor directly on top of it. Its not even level with the landing now:rolleyes:

Graces7

Pretty Polly wrote: »

Yes, i got a written receipt to say when the deposit was paid and how much i paid. Its very basic though and he just wrote it on an A4 sheet.

fasttalkerchat: I wasn't going to ask him for a reference, he's not exactly the tpe that would give one either i'd say.

odds_on: The other 2 tenants left without giving the 42 days notice to the landlord. Neither had their deposit returned. One of the girls pet's wrecked the carpet and the other unfortunately left the place in a bit of a state. Both girls should have had some of their deposit returned though. A lick of paint has made a huge difference to the rooms.

jimmycrackcorm: I will probably ask the landlord what are the conditions on returning my deposit. He's the type that would find some excuse to keep it though. He's a chancer. Instead of cleaning or taking up the carpet that the girls puppy had dirtied, he decided to put down a new wooden floor directly on top of it. Its not even level with the landing now:rolleyes:

oh YUKK!!

Pretty Polly

I've been looking at accommodation since Wednesday and i've found one that i really like and thats only €30 more than what im currently paying.

I checked online and im supposed to give 42 days notice to the landlord but since i don't have a lease im trying to work out the best way to get my deposit back and give notice.

I can move into the new place on the 4th July. My rent here is paid until the 10th of July so i wouldn't owe the landlord any money. He just owes me the deposit of €270.

Should i call or text?

odds_on

Pretty Polly wrote: »

I've been looking at accommodation since Wednesday and i've found one that i really like and thats only €30 more than what im currently paying.

I checked online and im supposed to give 42 days notice to the landlord but since i don't have a lease im trying to work out the best way to get my deposit back and give notice.

I can move into the new place on the 4th July. My rent here is paid until the 10th of July so i wouldn't owe the landlord any money. He just owes me the deposit of €270.

Should i call or text?

The 42 days notice only applies if you have a Part 4 tenancy which I do not believe you have.
From what you have said, I understand that you are renting a bedroom in a house and you have shared facilities with other tenants. The fact that each tenant pays separately into the landlord's bank account indicates that the house is not let as a single unit (and the fact that other tenants have also left without your rent bring changed).

IMHO, first of all you should contact the landlord by phone and ask what the situation is, as regards your leaving and what notice period he requires. In the absence of a fixed term agreement or a Part 4 agreement, the normal notice period would be equivalent to the rent period - usually either monthly or 28 days.

Follow up what has been agree on the phone with a written Notice of Termination (stating the facts as agreed verbally) You are liable for the rent until the expiry of the NoT whether you are living in the property or not.

Pretty Polly

odds_on wrote: »

The 42 days notice only applies if you have a Part 4 tenancy which I do not believe you have.
From what you have said, I understand that you are renting a bedroom in a house and you have shared facilities with other tenants. The fact that each tenant pays separately into the landlord's bank account indicates that the house is not let as a single unit (and the fact that other tenants have also left without your rent bring changed).

IMHO, first of all you should contact the landlord by phone and ask what the situation is, as regards your leaving and what notice period he requires. In the absence of a fixed term agreement or a Part 4 agreement, the normal notice period would be equivalent to the rent period - usually either monthly or 28 days.

Follow up what has been agree on the phone with a written Notice of Termination (stating the facts as agreed verbally) You are liable for the rent until the expiry of the NoT whether you are living in the property or not.

I rang the landlord today and i asked him what the conditions are for returning my deposit. He said a months notice, which is fine. I notified him as regards my leaving but i forgot to ask about giving written notice. He didn't mention it either.

So im really happy with the place i viewed a few days ago. Its a 3 bed flat/apartment and there are 3 other girls living there, i've met them both.
The 2 girls signed a lease on the flat as a whole and only one of the girls deals financially with the letting agency. The entire rent is taken from her account monthly, so each month I am expected to deposit my rent into her account. I feel that a cheque would be more secure, especially for the first month or 2? Would that be the most secure option?

ABajaninCork

Either that or a bank transfer would be sufficient. Just as long as there is a record of you paying the rent.

Pretty Polly

The letting agency have requested a copy of my passport and my ppsn number? Is this common? I've never dealt with a letting agency before!

fasttalkerchat

Pretty Polly wrote: »

The letting agency have requested a copy of my passport and my ppsn number? Is this common? I've never dealt with a letting agency before!

Could they be trying to pursue you for more money?

Pretty Polly

fasttalkerchat wrote: »

Could they be trying to pursue you for more money?

The letting agency are responsible/in charge for the new apartment that i will be moving into in 2 weeks. Its seems a lot to be asking for a copy of my passport and the pps number!

fasttalkerchat

Pretty Polly wrote: »

The letting agency are responsible/in charge for the new apartment that i will be moving into in 2 weeks. Its seems a lot to be asking for a copy of my passport and the pps number!

Its probably to make sure you don't wreck the place and do a runner. Tell them you would prefer not to give a copy for data protection reasons but that you can bring ID to prove your identity.