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Landlord not giving back deposit

  • 16-02-2014 2:16pm
    #1
    Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭


    Hi.
    My previous landlord is refusing to give me back my deposit.
    I met him on the last day of my tenancy and at that time he told me he'd send my on a cheque minus what he estimated to be around 75 euro for cleaning (which i was ok with).
    Probably stupidly i trusted him and said fine and gave back the key.

    3 weeks on and there was no cheque or no communication from him.
    He wouldn't answer my calls so i had to resort to email which he finally answered. Now he's telling me:
    I owe him money (200 euro odd and he's keeping my deposit of 450) but he'll waive the 200. :rolleyes:

    1. He said he had to clean and redecorate the apartment at a cost of 300 euro. Part of this is an accusation that i broke a wardrobe door. I didn't. This was very loose on its hinges and it fell off after about a year of use and nearly flattened me at the time. I was pretty annoyed about the possibility that i could have been injured. (Foolishly i didn't tell him at the time because he takes ages to fix anything and i just said to myself it's not worth bothering with it). But either way 300 euro is ridiculous.

    2. He said he had to paint it at a cost of 74 euro (no idea what he has to paint as i didn't do anything to walls).

    3. He said he had to replace a blind at a cost of 170 euro. I did nothing to this. The house is quite damp and there is a big problem with mould which i am dead from removing from the blinds every couple of weeks with mould/mildew remover/opening the windows/sliding door/turning on the heat etc. Yet he's accusing me of having mould/mildew on these blinds. And not a peep out of him about this any time he came over. Also there was a heap of mildew on the blinds when i moved in.

    4. He's also accusing me of breaking an old chair (i didn't) (40 euro) and an old lamp (35 euro) which i didn't as i never used it and left it in a wardrobe for the length of my stay.

    5. Most bizarrely, he has also accused me of dirtying his fridge (specifically the outside of the rubber seals of the fridge door were dirty but the rest of the fridge is spotless). Foolishly again i didn't take photos on moving in but come on... the rubber seals of the fridge? All they needed were a scrub. The rest of the fridge is spotless. And he's now talking about having to buy a new fridge if he can't replace the doors and is supposedly awaiting a receipt for this.

    6. He went on about a dirty kitchen sink even though the kitchen sink was far cleaner when i moved out than than when i moved in (it was black when i moved in and i had to scrub this off with steel wool- he conveniently forgot this).

    This is a guy who was in my apartment a couple of weeks before i left (rent, whatnot) and there was not one mention of all this stuff. Not one mention of the blinds or the need to decorate the place at a cost of 300 euro etc etc.
    On the day of leaving he quoted an estimate of between 50 and 100 for cleaning (which even though i thought was excessive i agreed for him to send on the cheque), not having the guts to say all this to my face.

    This is also a guy who i (foolishly) handed over cash to every month (never once late with the rent) and repeatedly asked for receipts yet got none. He always had some excuse (always slipped his mind etc).
    I asked again for receipts in my last email and nothing has come.

    I looked him up and as far as i can see he is not registered with PRTB.
    I'm not sure what i can do. I talked to threshold and they have advised about corresponding with him (even though he wouldn't give me a postal address so i had to resort to email) and that i can go to PRTB if i want to lodge a dispute.

    TBH i'm actually afraid of him at this stage (from the stuff above) and wonder whether i should just cut my losses.
    From the reasonable landlords here, is this normal behaviour.

    The cash, the lack of receipts, the lack of registration with the PRTB, the taking ages to fix anything, the not answering my calls, the failure to provide a postal address after telling him threshold advised this, the quoting 50-100 on the last day of tenancy euro then landing me a month later with this bombshell, the accusation that i broke his old stuff (i didn't), the fridge (wtf is that about :confused:), the redecorating costs, the failure to say any of this when he visited 2 weeks before i left.

    I'm a good tenant, never had any problems before, live on my own, never have parties, work hard (often long hours) and always pay my rent on time.
    Does it sound like i'm being taken advantage of.
    Advise would be appreciated.


«1345

Comments

  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Take a case with the PRTB and let them sort it out. If he wants to hold onto your full deposit then he will have to justify everything with evidence of the damage and invoices to account for every penny that has been deducted.

    Unfortunately it will mean you wont see the money (assuming you win) for quite a while, but there isnt really much more than you can do.


  • Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    Does it sound like i'm being taken advantage of.
    This clown is scamming you blind.

    Lodge a dispute with the PRTB and don't forget to ask for the €75 "cleaning fee" which you foolishly agreed to back as well -- landlords are not allowed charge tenants for ordinary cleaning.


  • Registered Users, Registered Users 2 Posts: 174 ✭✭4th horsemen


    cleaning etc is part and parcel of being a landlord.

    As mentioned bring it up with PRTB, let him know u won't be bullied and hopefully by going to PRTB ir will bring a bit
    of discomfort to his life.. d...head


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Lodge a dispute with the PRTB and don't forget to ask for the €75 "cleaning fee" which you foolishly agreed to back as well -- landlords are not allowed charge tenants for ordinary cleaning.

    They can if they can show that the place was dirty beyond normal wear and tear, but they much use an agency to do the cleaning; a landlord is not permitted to put a price on their own time.


  • Closed Accounts Posts: 4,180 ✭✭✭hfallada


    OP you can take a case to the PRTB. But its extremely long and time consuming. I would tell the landlord that you want to see copies of receipts for these deductions. Tell him you are going to the PRTB and you will win.

    I would try and settle without the PRTB because it will be extremely long before someone sees your case.


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  • Registered Users, Registered Users 2 Posts: 402 ✭✭seb65


    If he's not registered with PRTB, that may mean fines for him. He may also have failed to pay the appropriate tax.

    If it was me, I would email him back and let him know his charges were not on and if I don't get my deposit back within 5 working days, I'll be forced to report him to the PRTB and bring my case to them.


  • Registered Users, Registered Users 2 Posts: 1,684 ✭✭✭marathonic


    seb65 wrote: »
    If he's not registered with PRTB, that may mean fines for him. He may also have failed to pay the appropriate tax.

    If it was me, I would email him back and let him know his charges were not on and if I don't get my deposit back within 5 working days, I'll be forced to report him to the PRTB and bring my case to them.

    I agree with this. If he's not registered with the PRTB, chances are he's not tax compliant.

    If a landlord is not registered with the PRTB, they aren't even allowed to write interest on mortgage borrowings off against income in calculating tax.

    The PRTB complaints process is a long, drawn-out, process but if you send an email telling him that you are taking up a case with the PRTB, he may back down and give the deposit back. Otherwise, he's likely to lose the case AND end up with fines and a big tax bill.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    marathonic wrote: »
    I agree with this. If he's not registered with the PRTB, chances are he's not tax compliant.

    If a landlord is not registered with the PRTB, they aren't even allowed to write interest on mortgage borrowings off against income in calculating tax.

    The PRTB complaints process is a long, drawn-out, process but if you send an email telling him that you are taking up a case with the PRTB, he may back down and give the deposit back. Otherwise, he's likely to lose the case AND end up with fines and a big tax bill.

    I was thinking of mentioning prtb to him but I'm actually wondering at this stage what else this guy is capable of. He has my address.

    Not registered with prtb.
    Never gives receipts for cash.
    All this stuff above.
    I got caught badly with this guy.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Dont mention it to him then, just take your case and let them deal with it.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    marathonic wrote: »
    I agree with this. If he's not registered with the PRTB, chances are he's not tax compliant.

    If a landlord is not registered with the PRTB, they aren't even allowed to write interest on mortgage borrowings off against income in calculating tax.

    The PRTB complaints process is a long, drawn-out, process but if you send an email telling him that you are taking up a case with the PRTB, he may back down and give the deposit back. Otherwise, he's likely to lose the case AND end up with fines and a big tax bill.

    Actually this is something I don't understand with this guy. Why, if he's not with the PRTB, would he risk not giving my deposit back and have me go to the PRTB.

    Anyway, the only thing stopping me going to the PRTB is fear of repercussions down the road from this guy. If he's doing the other stuff what else is he capable of. I really am in two minds about this. Cut my losses and have nothing to do with him ever again. Or PRTB.

    But as I say, I don't understand why he'd risk me going to the prtb if he's not with them.
    Any takers on that. :)


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  • Registered Users, Registered Users 2 Posts: 6,794 ✭✭✭cookie1977


    Actually this is something I don't understand with this guy. Why, if he's not with the PRTB, would he risk not giving my deposit back and have me go to the PRTB.

    Anyway, the only thing stopping me going to the PRTB is fear of repercussions down the road from this guy. If he's doing the other stuff what else is he capable of. I really am in two minds about this. Cut my losses and have nothing to do with him ever again. Or PRTB.

    But as I say, I don't understand why he'd risk me going to the prtb if he's not with them.
    Any takers on that. :)
    Because he's hoping you'll cave quickly and not bother trying to fight back as it could take time and hassle. Isn't that how all bullies work?


  • Registered Users, Registered Users 2 Posts: 35 LemonWorld


    OP I'd recommend going to the PRTB.

    Was in a similar situation to yourself about 18 months ago. Moved out and was assured I'd get my deposit back in no time, then the landlord suddenly stopped answering my calls :rolleyes: I applied online to the PRTB and he returned the deposit to me by post within a week! I withdrew the complaint and moved on.

    I'm not usually one of the "anti-landlord" brigade (every other LL I've dealt with have been really professional and excellent), but this guy was a complete chancer. Not PRTB registered, building regulations not even remotely adhered to, and I'm going to guess he was less than compliant with his tax.

    Don't worry about "fear of repercussions from this guy"! Seriously! Worst case scenario is you're not going to get a reference from him!:eek: There's really little else he can actually do! He's a totally unprofessional LL - there are bodies in place to deal with eejits like him and protect good tenants like you, don't be afraid to use them.

    EDIT: Sorry, forgot to mention that the LL didn't provide an address either! Jeez, I'm actually thinking we might even be on about the same person! It's such a headache, OP. Just persevere and it'll all get sorted soon!


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Actually this is something I don't understand with this guy. Why, if he's not with the PRTB, would he risk not giving my deposit back and have me go to the PRTB.

    Anyway, the only thing stopping me going to the PRTB is fear of repercussions down the road from this guy. If he's doing the other stuff what else is he capable of. I really am in two minds about this. Cut my losses and have nothing to do with him ever again. Or PRTB.

    But as I say, I don't understand why he'd risk me going to the prtb if he's not with them.
    Any takers on that. :)

    Because he's a bully and probably hoping you don't know your rights! My ex LL didnt give me my deposit back. House was immaculate. And like yours she had my address, wasnt registered with prtb and tbh was a bit of a nutcase. I was also afraid of what she might do or the repercussions as she had my new address and my home address.

    Anyways I did take a case and got my full deposit back (€2000) plus €500 was awarded to me for her antics.

    Don't let yourself be bullied by this guy. Tell him your going to PRTB, hopefully he will back down and give you your deposit. If he doesn't, then take a case. It could be a year before anything gets done but don't let yourself be walked over by this bully. He'll keep doing it to others aswell. Scumbag.


  • Registered Users, Registered Users 2 Posts: 4,546 ✭✭✭An Ri rua


    Bad things happen to good people / nice people all the time. You have a decision to make:- take WHATEVER action is required to have your rights vindicated and therefore make the path easier for others (good landlords and good tenants) (and harder for shysters like him) or roll over and keep coming on here without taking any action.

    No one likes conflict. But your rights are yours, not his to divvy out. So, calmly and objectively, email him with what your rights are, what he stands to lose and a timeline for next steps. YOU set the agenda, do not deviate from it and once you pull the trigger on a path / decision, then stick with it rigidly until you get your outcome. I did this about 15 years ago as a young buck with a non-paying new employer who had lured me out of a good company and role by lying. We went to the Employment Appeals Tribunal, along the way he tried to settle, but by the time a YEAR had gone around, I didn't need that paltry £600 sum, I needed my 'pound of flesh' ;-) I got it, he got it good, and he got it even better a few years later for crossing the ODCE. They tore him to shreds and he is now closed. So you see, by me raising his profile (he did, by letting a deadline pass and so I pulled a powerful trigger), he started on the slippery slope to oblivion.

    I understand your trepidation as you are a nice person and don't operate in a ruthless fashion. So was/ am I. But you need to download some new mindware now and you need to write a VERY objective succinct scenario to your former landlord. Your and his rights, your and his responsibilities; but especially his risks. Be plain, be blunt. Be ruthless. You know what you are dealing with. Badheartedness. So toughen up, TAKE ACTION and save 'nice you' for the people who deserve it.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    An Ri rua wrote: »
    Bad things happen to good people / nice people all the time. You have a decision to make:- take WHATEVER action is required to have your rights vindicated and therefore make the path easier for others (good landlords and good tenants) (and harder for shysters like him) or roll over and keep coming on here without taking any action.

    No one likes conflict. But your rights are yours, not his to divvy out. So, calmly and objectively, email him with what your rights are, what he stands to lose and a timeline for next steps. YOU set the agenda, do not deviate from it and once you pull the trigger on a path / decision, then stick with it rigidly until you get your outcome. I did this about 15 years ago as a young buck with a non-paying new employer who had lured me out of a good company and role by lying. We went to the Employment Appeals Tribunal, along the way he tried to settle, but by the time a YEAR had gone around, I didn't need that paltry £600 sum, I needed my 'pound of flesh' ;-) I got it, he got it good, and he got it even better a few years later for crossing the ODCE. They tore him to shreds and he is now closed. So you see, by me raising his profile (he did, by letting a deadline pass and so I pulled a powerful trigger), he started on the slippery slope to oblivion.

    I understand your trepidation as you are a nice person and don't operate in a ruthless fashion. So was/ am I. But you need to download some new mindware now and you need to write a VERY objective succinct scenario to your former landlord. Your and his rights, your and his responsibilities; but especially his risks. Be plain, be blunt. Be ruthless. You know what you are dealing with. Badheartedness. So toughen up, TAKE ACTION and save 'nice you' for the people who deserve it.

    Thanks everyone for the advice.
    No tbh, i would not call myself a pushover either.
    I know when i'm being fcuked over and this is definitely one of those times.
    I generally have a good idea as well about what recourse there is for stuff like this (i've often gotten refunds on faulty stuff when i was getting the runaround from retailers etc). And often it's not about the money but the principle as well.

    But the only (and i stress ONLY) thing holding me back from going to the PRTB with this guy at the moment is i really don't know what this guy is capable of: He deals in cash, no receipts, he's not registered with PRTB, the audacity of the claim that i owe him 200 euro (but he "won't follow me" for it), the contrast in his behaviour whenever i asked him to do something (acting dumb basically... "i'll see what i can do...") vs his behaviour when he was coming up with figures for his beloved mildew blinds and chair ("where's my inventory" etc... no dumb waiter act then).
    All this gives me an uneasy sense about him.

    This guy also lives in what i can only describe as a mansion so he wouldn't have any problems lawyering up i'd say. Or worse.
    This "or worse" bit is only a vague sense i have and something i'm discussing with my family/anyone who can give me advice.

    What i really want to do is find out how the person before me faired with him when he left. If this person challenged the deposit retention (the place was far worse around the time of his departure (incidentally subsequently cleaned up before my occupancy) so i'm assuming there was deposit retention) and if he did, did he live to tell the tale (as it were). :pac:
    Stupidly i haven't got this persons details, but if anyone has any advice about how i might go about finding the details of previous tenants of an apartment (really longshot) this is something i could really use.


  • Closed Accounts Posts: 425 ✭✭shroom007


    I was thinking of mentioning prtb to him but I'm actually wondering at this stage what else this guy is capable of. He has my address.

    Not registered with prtb.
    Never gives receipts for cash.
    All this stuff above.
    I got caught badly with this guy.

    Screw him, Same ole Same ole scum landlord they all try it on because the PRTB is such a useless pile of ****,it takes months to get a decision and when they do the have no powers to enforce, tell the tax man


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    But the only (and i stress ONLY) thing holding me back from going to the PRTB with this guy at the moment is i really don't know what this guy is capable of: He deals in cash, no receipts, he's not registered with PRTB, the audacity of the claim that i owe him 200 euro (but he "won't follow me" for it), the contrast in his behaviour whenever i asked him to do something (acting dumb basically... "i'll see what i can do...") vs his behaviour when he was coming up with figures for his beloved mildew blinds and chair ("where's my inventory" etc... no dumb waiter act then).
    All this gives me an uneasy sense about him.

    You don't know what this guy is capable of, but if he does anything apart from give you your deposit back you have him by the bollix! Seriously what are you afraid of? do you think he might beat you up or shoot you?

    Forget everything he is telling you as it is all lies and bullsh1t to get you to worry about what he might have up his sleeve. He wants you to fook off and he has a tried and tested way of achieving that by the way he is dealing with you so far.

    Contact the PRTB and make a complaint, at this stage it is time to sh1t or get off the pot, You can't continue to complain about him while doing nothing about him and finding out information about previous tenants would be covered by the data protection legislation so forget that avenue.


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Without giving out too much info here OP I felt EXACTLY as you did before I lodged my case with the PRTB. My ex landlady said she might even sue ME for all the so called damage id caused to her house. She lived in a mansion in a rich part of Dublin and her husband was some hot shot barrister.

    I nearly started doubting myself and wondering had I indeed caused damage and maybe I should just leave her with my deposit incase she sued me and I ended up paying way more.

    But I stuck to my guns as I knew I had left the house in good condition. Ended up getting my deposit back plus sum. And all in a cheque from her husbands private bank account. TBH I'd say he woulda been mortified at her behaviour and probably didnt want his name involved or published on adjudications part of the PRTB website.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Why haven't you reported this chancer to Revenue as well? You've nothing to be scared of. If anything, once the LL gets wind of the PRTB (not to mention the taxman!), he might very well church up your dough!


  • Registered Users, Registered Users 2 Posts: 3,087 ✭✭✭Duiske


    foggy_lad wrote: »
    You don't know what this guy is capable of, but if he does anything apart from give you your deposit back you have him by the bollix! Seriously what are you afraid of? do you think he might beat you up or shoot you?

    Forget everything he is telling you as it is all lies and bullsh1t to get you to worry about what he might have up his sleeve. He wants you to fook off and he has a tried and tested way of achieving that by the way he is dealing with you so far.

    Contact the PRTB and make a complaint, at this stage it is time to sh1t or get off the pot, You can't continue to complain about him while doing nothing about him and finding out information about previous tenants would be covered by the data protection legislation so forget that avenue.

    Totally agree with this. Op, its a near certainty that this guy has pulled this stunt before, and if you let him get away with it he will certainly do it again. PRTB is the way to go with this. And don't worry about repercussions from this guy. Like all bully's he will back down when someone finally stands up to him.
    People like this guy sicken me. They tarnish the good name of the vast majority of LL's who are more than happy to play by the rules.


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  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    Sligo1 wrote: »
    Without giving out too much info here OP I felt EXACTLY as you did before I lodged my case with the PRTB. My ex landlady said she might even sue ME for all the so called damage id caused to her house. She lived in a mansion in a rich part of Dublin and her husband was some hot shot barrister.

    I nearly started doubting myself and wondering had I indeed caused damage and maybe I should just leave her with my deposit incase she sued me and I ended up paying way more.

    But I stuck to my guns as I knew I had left the house in good condition. Ended up getting my deposit back plus sum. And all in a cheque from her husbands private bank account. TBH I'd say he woulda been mortified at her behaviour and probably didnt want his name involved or published on adjudications part of the PRTB website.

    Yeah i did actually doubt myself as well.
    I really have to think about this.
    Thanks


  • Registered Users, Registered Users 2 Posts: 6,794 ✭✭✭cookie1977


    shroom007 wrote: »
    Screw him, Same ole Same ole scum landlord they all try it on because the PRTB is such a useless pile of ****,it takes months to get a decision and when they do the have no powers to enforce, tell the tax man

    Not all of us are like this and we'd like to see the back of those landlords that are just as much as you.


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    cookie1977 wrote: »
    Not all of us are like this and we'd like to see the back of those landlords that are just as much as you.

    He has a valid point though..

    The PRTB is so painfully inefficient as to be practically useless to both tenants AND landlords.

    This is why I always sigh at the well-meaning but impractical advice given on this forum. It's all very well to quote people how it SHOULD be done, but a bit pointless if there's no real way of enforcing it without a massive time commitment on your part.

    This is why landlords try crap like this. It's why tenants walk away early or without paying the last month etc - because in the REAL WORLD tenancies in Ireland work a lot differently.

    As I keep saying, until renting is seen by ALL SIDES (tenants, landlords and government/regulators) as a professional service/business transaction rather than a stepping stone to ownership or the option for the poor, the only real advice that can be offered is to work it out yourselves and the oh-so-typically-Irish "it depends on who you get". :(


  • Registered Users, Registered Users 2 Posts: 6,794 ✭✭✭cookie1977


    Kaiser2000 wrote: »
    He has a valid point though..

    The PRTB is so painfully inefficient as to be practically useless to both tenants AND landlords.

    This is why I always sigh at the well-meaning but impractical advice given on this forum. It's all very well to quote people how it SHOULD be done, but a bit pointless if there's no real way of enforcing it without a massive time commitment on your part.

    This is why landlords try crap like this. It's why tenants walk away early or without paying the last month etc - because in the REAL WORLD tenancies in Ireland work a lot differently.

    As I keep saying, until renting is seen by ALL SIDES (tenants, landlords and government/regulators) as a professional service/business transaction rather than a stepping stone to ownership or the option for the poor, the only real advice that can be offered is to work it out yourselves and the oh-so-typically-Irish "it depends on who you get". :(

    agreed there.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Kaiser2000 wrote: »
    This is why I always sigh at the well-meaning but impractical advice given on this forum. It's all very well to quote people how it SHOULD be done, but a bit pointless if there's no real way of enforcing it without a massive time commitment on your part.

    I know full well when advising taking a PRTB case that its going to be a painful and drawn out process, but given that its the only legal route to dealing with an issue like this, Im not sure what is impractical about it? Do you know of a better (legal) way of sorting a situation like this one?


  • Registered Users, Registered Users 2 Posts: 29,088 ✭✭✭✭_Kaiser_


    djimi wrote: »
    I know full well when advising taking a PRTB case that its going to be a painful and drawn out process, but given that its the only legal route to dealing with an issue like this, Im not sure what is impractical about it? Do you know of a better (legal) way of sorting a situation like this one?

    That's my point - there isn't one .. which is why people just hold on to the last month's rent instead.

    In the REAL world most tenants can't afford to have that kind of money tied up for a year while they plod through the PRTB process and any landlord who is pulling this sort of shyte probably doesn't give a toss anyway.

    If you (as in everyone) want tenants and landlords to behave, start treating the proposition seriously first! But in a country where property ownership is the holy grail of success and renting is still (despite the biggest crash in the country's history) seen as a joke/poor man's option, I wouldn't hold my breath to be honest.

    All either side can really do is just hope they get a decent one, as there's very little practical/realistic "official" options if it goes pear-shaped.


  • Closed Accounts Posts: 425 ✭✭shroom007


    cookie1977 wrote: »
    Not all of us are like this and we'd like to see the back of those landlords that are just as much as you.

    Agreed but untill there is a system or organisation that has some teeth this will just keep repeating itself, be it an independant body holding Deposits or proper fines for agengy or private landlords. Given that a lot of deposits are also paid for by the DSP you'd think it might be put under more scrutiny.(But that might be too much to expect)


  • Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    djimi wrote: »
    I know full well when advising taking a PRTB case that its going to be a painful and drawn out process, but given that its the only legal route to dealing with an issue like this, Im not sure what is impractical about it? Do you know of a better (legal) way of sorting a situation like this one?

    Serious question - is there ever any punitive damages as a result of the PRTB?

    If I were landlord and tell the tenant - 'Oh yeah, looks great', take the keys, rent it out, and keep the deposit....won't the PRTB just (eventually) declare that the landlord must repay the deposit?


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    UCDVet wrote: »
    Serious question - is there ever any punitive damages as a result of the PRTB?

    If I were landlord and tell the tenant - 'Oh yeah, looks great', take the keys, rent it out, and keep the deposit....won't the PRTB just (eventually) declare that the landlord must repay the deposit?

    Yes damages get awareded afaik. Someone said on here on yesterday that they were awarded €500 on top of their deposit back when a landlord tried to keep their deposit.

    PRTB rulings are all publically available on their website; they make for quite an interesting read!


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  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    djimi wrote: »
    Yes damages get awareded afaik. Someone said on here on yesterday that they were awarded €500 on top of their deposit back when a landlord tried to keep their deposit.

    PRTB rulings are all publically available on their website; they make for quite an interesting read!

    That would be me. The extra €500 was for the LL calling to the house without giving prior notice a few times. I had backed up (signed) statements to verify this from witnesses.


  • Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    UCDVet wrote: »
    Serious question - is there ever any punitive damages as a result of the PRTB?

    If I were landlord and tell the tenant - 'Oh yeah, looks great', take the keys, rent it out, and keep the deposit....won't the PRTB just (eventually) declare that the landlord must repay the deposit?

    There are damages awarded on loads of cases.

    http://www.prtb.ie/dispute-resolution/tribunals/tribunal-reports-orders/2013


  • Registered Users, Registered Users 2 Posts: 185 ✭✭ocy


    Sligo1 wrote: »
    That would be me. The extra €500 was for the LL calling to the house without giving prior notice a few times. I had backed up (signed) statements to verify this from witnesses.

    did the case take long to be seen by prtb


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    ocy wrote: »
    did the case take long to be seen by prtb

    Yes about 10 months from the time I sent in applications till time of adjudication meeting. Then you may have to wait another couple months to be paid.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    Hi.
    OP again.
    Talking again to Threshold there.
    TBH they didn't fill me with much confidence, nice and all as they were.
    Even though I laid out all the relevant points (decoration cost of 300 despite the fact I just lived in the place, painting costing 74 euro despite the fact I never touched the walls, the discrepancy between the estimate of 75 euro he referred to and the later figure nearly 10 times that, the talk about having to replace the fridge because of the rubber seals ridiculousness, the no receipts, the no PRTB registration etc) all they could say was it would be my word against his and that I should be prepared for any counterclaims he could make.
    I was actually less confident of doing anything after talking to them. Are they normally this cautious and non-committal.
    They suggested I suggest a settlement with him. This guy is claiming I technically owe him money so I'm not sure where this will get me.

    So basically as soon as i can firmly rule out the possibility of any propensity for thuggishness on his part, I think I'll just invoke the prtb option with him (if he doesn't want to settle on a reasonable figure within a week).

    Any advice.
    Are threshold always so non-committal btw


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Threshold are not the right people to be talking to. They are no use and often give incorrect advice, the PRTB will actually take what you tell them and look up the correct situation etc.


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  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Hi.
    OP again.
    Talking again to Threshold there.
    TBH they didn't fill me with much confidence, nice and all as they were.
    Even though I laid out all the relevant points (decoration cost of 300 despite the fact I just lived in the place, painting costing 74 euro despite the fact I never touched the walls, the discrepancy between the estimate of 75 euro he referred to and the later figure nearly 10 times that, the talk about having to replace the fridge because of the rubber seals ridiculousness, the no receipts, the no PRTB registration etc) all they could say was it would be my word against his and that I should be prepared for any counterclaims he could make.
    I was actually less confident of doing anything after talking to them. Are they normally this cautious and non-committal.
    They suggested I suggest a settlement with him. This guy is claiming I technically owe him money so I'm not sure where this will get me.

    So basically as soon i can firmly rule out the possibility of any propensity for thuggishness on his part, I think I'll just invoke the prtb option with him (if he doesn't want to settle on a reasonable figure within a week).

    Any advice.
    Are threshold always so non-committal btw

    I found threshold terrible to deal with! I also felt they did not have a clue what they were talking about. I doubted myself after speaking with someone from their office and wondered whether I should file my case with the PRTB at all. I would never call them again for any information or advice.


  • Registered Users, Registered Users 2 Posts: 445 ✭✭thehouses


    Threaten to report him to the PRTB if he does not give you back your full deposit - it worked for me before as it is the landlord's responsibility to ensure registration and let him know that there would be fines for him for not registering the property which will go beyond what he is trying to scam off you. Ring threshold.ie for advice and in future take photos on the last day with the landlord present and sign off on them.


  • Registered Users, Registered Users 2 Posts: 1,207 ✭✭✭Murt10


    thehouses wrote: »
    Threaten to report him to the PRTB if he does not give you back your full deposit - it worked for me before as it is the landlord's responsibility to ensure registration and let him know that there would be fines for him for not registering the property which will go beyond what he is trying to scam off you.



    And even if you do get your money back report him anyway. Also contact Revenue.

    That'll teach him to act the maggot.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    Murt10 wrote: »
    And even if you do get your money back report him anyway. Also contact Revenue.

    That'll teach him to act the maggot.

    In fairness, as angry as I am at his ****, I just want what I think is due to me (ie my deposit or the guts of it at least). Just want to forget about this guy after that and learn from this crap.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    thehouses wrote: »
    Threaten to report him to the PRTB if he does not give you back your full deposit - it worked for me before as it is the landlord's responsibility to ensure registration and let him know that there would be fines for him for not registering the property which will go beyond what he is trying to scam off you. Ring threshold.ie for advice and in future take photos on the last day with the landlord present and sign off on them.

    Thanks for the post.
    But in your case did your landlord go from "you owe me 200 but I won't pursue it" to an embarrassing climbdown of "ok, here, take the deposit". I just can't see this fella doing this. Could be wrong.


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  • Registered Users, Registered Users 2 Posts: 29 Jeekers


    Forward on this letter to him and tell him if your deposit is not forthcoming within 10 days. You Will take him to the small claims court.


  • Registered Users, Registered Users 2 Posts: 445 ✭✭thehouses


    Thanks for the post.
    But in your case did your landlord go from "you owe me 200 but I won't pursue it" to an embarrassing climbdown of "ok, here, take the deposit". I just can't see this fella doing this. Could be wrong.

    Basically he was an agent in charge of houses, I called to him a number of times and I also called into the owner's business/shop with no joy. Eventually, after telling him about the PRTB and tax they put the deposit in the post that day.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    Jeekers wrote: »
    Forward on this letter to him and tell him if your deposit is not forthcoming within 10 days. You Will take him to the small claims court.

    Ah Jaysus lads, one court at a time. :D
    Couple of things can anyone answer for me (and i'll ask the PRTB about it):
    What does a PRTB hearing involve. It's not all big-city lawyer types (read solicitors) strutting their stuff and badgering the witness :D (too many bad episodes of Matlock in my youth sorry).

    Which begs the question is there any possibility that i could get fleeced for your man's legal fees (and whatever else he'll be chancing to get) if such solicitors swung it his way. Don't want to be done for killing Shergar (so to speak) by the end of it either.


  • Registered Users, Registered Users 2 Posts: 2,280 ✭✭✭fash


    ny possibility that i could get fleeced for your man's legal fees (and whatever else he'll be chancing to get) if such solicitors swung it his way. Don't want to be done for killing Shergar (so to speak) by the end of it either.
    No


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    Just an update on this.
    PRTB hearing in a few weeks.
    Haven't heard anything back from him (either directly or via the PRTB process).
    Not sure if that is good or bad news.

    Also, on enquiry, the PRTB confirm he is not on the their list of registered landlords.
    So i can only assume he isn't registered. I was certainly never registered as a tenant anyway.

    I'm quite curious how he will respond to this tbh.


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭Aint Eazy Being Cheezy


    He won't show up or engage. You'll win your case but he won't pay up either.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    He won't show up or engage. You'll win your case but he won't pay up either.

    Yeah i thought this would be a possibility.
    But the determination is legally binding isn't it.


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭Aint Eazy Being Cheezy


    Yeah i thought this would be a possibility.
    But the determination is legally binding isn't it.

    It is, it's just getting it enforced which is the problem.


  • Registered Users, Registered Users 2 Posts: 9,810 ✭✭✭take everything


    It is, it's just getting it enforced which is the problem.

    Hmmm.
    What would that involve do you know.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Hmmm.
    What would that involve do you know.
    District or circuit court to get an enforcement order. Then if he didn't pay up the sheriff to seize assets but that's a long way down the line.


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