Landlord withholding deposit because I'm leaving after Christmas?

steddyeddy

Hey all I’m leaving my house in January to move to a betterplace in Dublin. I haven’t been happy with this place for a while now in partdue to the fact that the landlord is a crook and not declaring tax and treatingother tenants like crap. Anyway the landlord is being a bit of a d1ck with thedeposit he says that he can keep the deposit because I’m moving in January and itwill be hard for him to find tenants by then. It’s not a huge deposit oranything but I don’t want this guy to get away with keeping it. He’s brokeevery law in the book including renting a renovated coal shed to a 16 year oldfoster child recently out of the house and is one of the biggest liars I havemet in my life. I’m not stuck for money but I don’t want him to get away withanything else. Has he any legal grounds for keeping the deposit? I am up todate on bills and there is no damage to the room. If worst comes to worst I’llleave the house without the deposit and contact revenue about him but I wouldrather get my deposit back.
Thanks guys!

Topper7

Have you signed a lease? Does it say anything about giving notice of when your leaving?

steddyeddy

Topper7 wrote: »

Have you signed a lease? Does it say anything about giving notice of when your leaving?

Yea give one months notice which I'm doing and be there for over 6 months which I am.

handlemaster

How do you know he's not paying tax ?

athtrasna

Does the landlord live in the property? Do you have a lease for your room or for the entire property jointly with other tenants.

steddyeddy

handlemaster wrote: »

How do you know he's not paying tax ?

He told me and the other tenants.

steddyeddy

athtrasna wrote: »

Does the landlord live in the property? Do you have a lease for your room or for the entire property jointly with other tenants.

I have a lease for the room. The lease is with other tenants. He doesn't live there on paper but stays there without asking anyone which is a reason I'm leaving.

handlemaster

steddyeddy wrote: »

He told me and the other tenants.

Sounds unlikely. How does that go..... hi guys I'm not paying my taxes !!!

You should report him anyhow if you believe this to be the case..

steddyeddy

handlemaster wrote: »

Sounds unlikely. How does that go..... hi guys I'm not paying my taxes !!!

You should report him anyhow if you believe this to be the case..

He asked us what institutions know we are lodgers and then said "so I don't have to put you down on the form so?" Whn he's drunk he brags about it anyway. No I won't do it unless I get don't get my deposit.

handlemaster

Great another loyal supporter of a tax dodger.

steddyeddy

handlemaster wrote: »

Great another loyal supporter of a tax dodger.

No I'm not. I will report just don't want him to know that. How do I report him anyway?

djimi

Assuming you do not have a current fixed term lease, if you have been in the property for more than 6 months and less than a year then you must give 35 days written notice of termination. Once you give this notice (and stick to it obviously) then you cannot be penalised for when you leave.

Even if you were to break a lease, the landlord cannot just flat refuse to return the deposit. They can only deduct from the deposit to recover lost rent, and they are legally obliged to attempt to relet quickly to mitigate their loss.

To be honest, mentioning taking action with the PRTB might make him realise that its not worth having people sniffing around his little slumlord operation for the sake of a few hundred quid.

Id also never normally condone this, but if you have already been told outright that you are not getting your deposit back then just dont pay your last months rent. In this case Id say you have good reason to protect yourself.

steddyeddy

djimi wrote: »

Assuming you do not have a current fixed term lease, if you have been in the property for more than 6 months and less than a year then you must give 35 days written notice of termination. Once you give this notice (and stick to it obviously) then you cannot be penalised for when you leave.

Even if you were to break a lease, the landlord cannot just flat refuse to return the deposit. They can only deduct from the deposit to recover lost rent, and they are legally obliged to attempt to relet quickly to mitigate their loss.

To be honest, mentioning taking action with the PRTB might make him realise that its not worth having people sniffing around his little slumlord operation for the sake of a few hundred quid.

Id also never normally condone this, but if you have already been told outright that you are not getting your deposit back then just dont pay your last months rent. In this case Id say you have good reason to protect yourself.

Thanks for the excellent advice. I don't want much conflict to be honest as it's a small deposit it's just the principle that's involved really. He also claims he's not registered with the PTRB so he doesn't operate under tenancy laws.

Mods what's the forum rules here? Is it possible to post a picture of a room he rented to a kid? If I do that people may get an idea of the type of person he is?

djimi

The tenancy not being registered does not matter one iota to you; you still have full protection from tenancy laws and the PRTB regardless. All it really means is that the landlord cannot take a case against you with the PRTB!

steddyeddy

djimi wrote: »

The tenancy not being registered does not matter one iota to you; you still have full protection from tenancy laws and the PRTB regardless. All it really means is that the landlord cannot take a case against you with the PRTB!

You're an asset to the forum! Thanks so much. If worst comes to worst I'll kiss it goodbye. I'll mention Ptrb anyway.

djimi

Best of luck!

dustyie

stop complaining . just lodge a complaint with PRTB . you get you money back but it will take time .

The_Morrigan

steddyeddy wrote: »

Thanks for the excellent advice. I don't want much conflict to be honest as it's a small deposit it's just the principle that's involved really. He also claims he's not registered with the PTRB so he doesn't operate under tenancy laws.

Mods what's the forum rules here? Is it possible to post a picture of a room he rented to a kid? If I do that people may get an idea of the type of person he is?

I would prefer if you didn't post the pic on the off chance you identify the property, landlord or current tenants.

As plenty of the posters have already suggested lodge a complaint with the PRTB, let revenue know and if you believe the property to fall short of minimum standards please contact the local authority and ask them to do an inspection.

UCDVet

I'd be tempted to cause damages equal to the cost of the deposit; if you are certain he is not entitled to withhold it.

That way, you don't have to deal with the hassle of fighting to get the deposit back and the landlord has to deal with the hassle of getting the place repaired. The deposit he kept will cover the expense of the damage you've done, so your obligation would be met.

Though, I'd only advocate such an action if it were legal and as a last resort.

The_Morrigan

UCDVet wrote: »

I'd be tempted to cause damages equal to the cost of the deposit; if you are certain he is not entitled to withhold it.

That way, you don't have to deal with the hassle of fighting to get the deposit back and the landlord has to deal with the hassle of getting the place repaired. The deposit he kept will cover the expense of the damage you've done, so your obligation would be met.

Though, I'd only advocate such an action if it were legal and as a last resort.

intentionally causing damage to anothers property is illegal behaviour - please don't encourage that behaviour here.

UCDVet

The_Morrigan wrote: »

intentionally causing damage to anothers property is illegal behaviour - please don't encourage that behaviour here.

I'm not a legal expert, and if such an action were illegal - then surely, I would not advocate it.

Though, I'd only advocate such an action if it were legal and as a last resort.

Thank you for clarifying the matter.

Lantus

be wary of withholding a months rent. IF you pay at the end of the month, i.e. as you are about to leave then that's one thing, But withholding rent at the beginning of the month 30 days from when you leave with a landlord that has full access to your property and I assume room and cares not for any laws or you personally then be especially careful. Is a few hundred worth all your stuff being nicked and trashed by a drunk crook?

Thomas D

Lantus wrote: »

be wary of withholding a months rent. IF you pay at the end of the month, i.e. as you are about to leave then that's one thing, But withholding rent at the beginning of the month 30 days from when you leave with a landlord that has full access to your property and I assume room and cares not for any laws or you personally then be especially careful. Is a few hundred worth all your stuff being nicked and trashed by a drunk crook?

That is why I always change the locks at the start of a tenancy.

No Pants

Lantus wrote: »

be wary of withholding a months rent. IF you pay at the end of the month, i.e. as you are about to leave then that's one thing, But withholding rent at the beginning of the month 30 days from when you leave with a landlord that has full access to your property and I assume room and cares not for any laws or you personally then be especially careful. Is a few hundred worth all your stuff being nicked and trashed by a drunk crook?

That would be a matter for the Gardai. Being late with the rent for a couple of weeks does not allow him to steal or damage your stuff.

steddyeddy

Lantus wrote: »

be wary of withholding a months rent. IF you pay at the end of the month, i.e. as you are about to leave then that's one thing, But withholding rent at the beginning of the month 30 days from when you leave with a landlord that has full access to your property and I assume room and cares not for any laws or you personally then be especially careful. Is a few hundred worth all your stuff being nicked and trashed by a drunk crook?

Well I paid my one month's rent in advance on the 22nd of December and I'm leaving on the 22nd so there's no more rent owed.

_Kaiser_

One thing always strikes me when reading these kinds of threads and that is the complete futility of having rules for tenancies when they can be (and usually are) so blatantly ignored by probably the majority of landlords (AND tenants!)

I mean, here we have a landlord that by the OP's account is taking the complete piss and djimi throws in the "legal position". I know it's the "right" answer and posted with the best of intentions but come on.. does it REALLY sound like the OP's landlord is going to be bothered about any of that? The sad truth is that the last line in djimi's post is probably the most effective/realistic solution.

And this is why renting in this country is a disaster - because no-one involved takes it seriously as it's only a stepping stone to buying house sure! :rolleyes: