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Landlord not giving back deposit

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    #62
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    Got the adjudication today.
    It stated i should get the 450 euro deposit and 50 euro damages.
    So I suppose I just wait for the three weeks to see if he appeals it (so far he's been silent on the matter).


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    #63
    thehouses
    Registered Users Posts: 445 ✭✭thehouses


    take everything wrote: »
    Got the adjudication today.
    It stated i should get the 450 euro deposit and 50 euro damages.
    So I suppose I just wait for the three weeks to see if he appeals it (so far he's been silent on the matter).

    Glad it's going well.


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    #64
    RoadhouseBlues
    Closed Accounts Posts: 631 ✭✭✭RoadhouseBlues


    Well done OP. My first 2 landlords were great. Real helpful with everything. Last one is a waste of time. Their only response is, I will get back to you. Just wanted to say there are decent ones out there but sometimes we are just unlucky to end up with the rubbish ones. Best of luck in the future.


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    #65
    noodler
    Registered Users Posts: 26,324 ✭✭✭✭noodler


    Just to get in on this.

    I am also having a dispute with my management company regarding one issue which they are trying to claim was caused by us.

    Aside from that issue, the representative also said that they were going to charge us because "not a very good job" had been done cleaning the ktichen and she had to send cleaners in after we left at a charge of about 50e.

    Is the cleaning fee open to interpretation or is it an absolute illegal? (Obviosuly assuming we left the place reasonably clean).


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    #66
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Have you got a detailed receipt from the Management co? If not, then I'd be telling them to get stuffed and take it to the PRTB.


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    #67
    noodler
    Registered Users Posts: 26,324 ✭✭✭✭noodler


    ABajaninCork wrote: »
    Have you got a detailed receipt from the Management co? If not, then I'd be telling them to get stuffed and take it to the PRTB.

    No receipt yet, they only mentioned 50e for cleaning and haven't even gotten back to us with how much the other 'stains' they say we caused will cost to clean (we have not agreed with anything).

    Its been a week now. I better get my skates on - I'm hoping the fact there are two names on the lease (and the fact the other person wouldn't be able to attend any hearing or adjudication should that arise) won't complicate matters.

    Way more stressful than I ever imagined.


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    #68
    thehouses
    Registered Users Posts: 445 ✭✭thehouses


    noodler wrote: »
    Just to get in on this.

    I am also having a dispute with my management company regarding one issue which they are trying to claim was caused by us.

    Aside from that issue, the representative also said that they were going to charge us because "not a very good job" had been done cleaning the ktichen and she had to send cleaners in after we left at a charge of about 50e.

    Is the cleaning fee open to interpretation or is it an absolute illegal? (Obviosuly assuming we left the place reasonably clean).

    You're not in the Kilkenny area by any chance are you? Stayed in a place there that tried to pull a fast one like that. I have my suspicions that is a common practice however.


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    #69
    noodler
    Registered Users Posts: 26,324 ✭✭✭✭noodler


    thehouses wrote: »
    You're not in the Kilkenny area by any chance are you? Stayed in a place there that tried to pull a fast one like that. I have my suspicions that is a common practice however.

    Nah, not Kilkenny.

    I guess I'll have to at least threaten PTRB action first - give them one last chance to get back to us.


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    #70
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    I'm a bit baffled by this guy.
    So far he has ignored the PRTB process at every turn.
    I don't get it.

    He got the adjudication notice which outlines the sanctions if he ignores it ie fine/prison.
    Jaysus if I got that through my door I'd be doing something.
    But it's been 2 weeks and nothing from him. No appeal (He has 1 more week to appeal it), no cheque in the post, nothing.

    I'm a bit gobsmacked.
    Anyone know what might be going on here.


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    #71
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    He is hoping you give up and go away...Have you reported him to Revenue yet??


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    #72
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    ABajaninCork wrote: »
    He is hoping you give up and go away...Have you reported him to Revenue yet??

    No.
    I don't know anything about his tax status tbh.


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    #73
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    take everything wrote: »
    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.

    The bolded part is your first clue about his tax status...
    He's not paying you, has gone with your deposit, and is generally acting the dick. REPORT HIM!!!


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    #74
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    ABajaninCork wrote: »
    The bolded part is your first clue about his tax status...
    He's not paying you, has gone with your deposit, and is generally acting the dick. REPORT HIM!!!

    Yes this might suggest that he is not compliant but I don't know.
    If there is uncertainty do I have any right to report him.
    I'll definitely consider this at some stage but my priority is my deposit.


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    #75
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    You're not getting it - in more ways than one! :)

    The LL has NO intention of paying you. You're whistling in the wind there. So - if I were in your shoes, I'd get my money back another way. Tell the Revenue and let them put some heat on him. Hell, he might even give you your money, to save the aggro...


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    #76
    househero
    Registered Users Posts: 1,094 ✭✭✭househero


    ABajaninCork wrote: »
    You're not getting it - in more ways than one! :)

    The LL has NO intention of paying you. You're whistling in the wind there. So - if I were in your shoes, I'd get my money back another way. Tell the Revenue and let them put some heat on him. Hell, he might even give you your money, to save the aggro...

    Just tell him your telling revenue on Wednesday, you have waited too long. And the money will appear the next day.

    How to deal with a bully... become friendly with a much bigger bully ;-)


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    #77
    noodler
    Registered Users Posts: 26,324 ✭✭✭✭noodler


    In my own case, agency has not answered emails regarding deposit in nearly two weeks after we had disputes regard stains.

    Very suspicious. They are supposedto be a reputable letting agency.


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    #78
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    noodler wrote: »
    In my own case, agency has not answered emails regarding deposit in nearly two weeks after we had disputes regard stains.

    Very suspicious. They are supposedto be a reputable letting agency.
    No such thing, especially where money is concerned. If they respond, they'll be expected to take action at some point.


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    #79
    noodler
    Registered Users Posts: 26,324 ✭✭✭✭noodler


    No Pants wrote: »
    No such thing, especially where money is concerned. If they respond, they'll be expected to take action at some point.

    Okay, its been three weeks since we had an email dispute with the agency about 'stains'. Once we made clear we did not agree with any of our deposit being deducted they have ignored three emails over the last three weeks.

    I am going to have to try and advance this, I haven't threatened PTRB action yet but perhaps I should just go ahead and initiate it.

    Two questions:

    1) My flatamte no longer lives in Ireland - is this an issue if the PTRB dispute goes to a tribunal?

    2) I do not know the landlord's name or address (and given the communications blackout from the agency I doubt they will provide it). Is this an issue in practice? Some parts of the PTRB website say you should report the agency to the NPRA if they do not tell you whilst other says just write unknown on the PTRB dispute application.


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    #80
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    noodler wrote: »
    Okay, its been three weeks since we had an email dispute with the agency about 'stains'. Once we made clear we did not agree with any of our deposit being deducted they have ignored three emails over the last three weeks.

    I am going to have to try and advance this, I haven't threatened PTRB action yet but perhaps I should just go ahead and initiate it.

    Two questions:

    1) My flatamte no longer lives in Ireland - is this an issue if the PTRB dispute goes to a tribunal?

    2) I do not know the landlord's name or address (and given the communications blackout from the agency I doubt they will provide it). Is this an issue in practice? Some parts of the PTRB website say you should report the agency to the NPRA if they do not tell you whilst other says just write unknown on the PTRB dispute application.
    You are entitled to know who your landlord is and have contact details for them even if the property is managed by an agent. I would be reporting the agent as well as putting unknown on the PRTB form and explaining that the agents refused to give the information when you asked.


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    #81
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    So the three weeks to appeal it are up. And still not a word from him.
    Wonder where I go from here.


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    #82
    BonkeyDonker
    Registered Users Posts: 571 ✭✭✭BonkeyDonker


    take everything wrote: »
    So the three weeks to appeal it are up. And still not a word from him.
    Wonder where I go from here.

    At this stage I would say give Revenue a call - while you say you do not know his tax status Revenue will - if he is above board (which by the sounds of it he is not) then they will just carry on - if he is not then it opens a whole world of hurt for the guy, which it sounds like he needs.


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    #83
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    OP, report the guy to revenue. I don't see the relevance in you knowing his tax status. It's quite clear, that he is likely not compliant. It sounds like you're letting you're families paranoid ramblings go on in your head. The LL hasn't been active enough to reply to any emails or letters sent by you, or the PRTB. He has buried his head in the sand, hoping all this will go away. Report him. It should be your priority, because you paid him rent and a deposit. Plenty of that should have been paid to revenue. By not reporting him, you are encouraging this behaviour.

    If i were you, I would leave him a voice mail (or email if he doesn't have voice mail) and tell him you will be contacting revenue and informing them of the situation if he doesn't contact you within 24 hours and pay you FULL deposit back within 48 hours. To be honest, I would report him anyway. Scum lime that have caused good tenants so much grief. By not taking all the action you can, you are being a push over. You say it's about principle....well, you paid tax money in your rent...so make sure it gets paid to revenue. I assume you lived there for at least a year and yet you never got a receipt for rent. Sorry, no offence, but that IS being a push over. The LL spotted this in you, which is why you have lost your deposit. Pull up your trousers and show him you won't be taking it up the bum anymore.


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    #84
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    BonkeyDonker wrote: »
    At this stage I would say give Revenue a call - while you say you do not know his tax status Revenue will - if he is above board (which by the sounds of it he is not) then they will just carry on - if he is not then it opens a whole world of hurt for the guy, which it sounds like he needs.

    OK but how does that get my deposit back.
    How does being screwed by revenue make him feel like giving the deposit back.
    Or are you talking about ringing him and using it as leverage to get it back (tbh I would have preferred not to have any dealings directly with him ever again, that's why I'm hoping the PRTB will get this money back).

    Getting the deposit back (via PRTB) AND not being dragged down to his level is the result I want.

    So at the moment my faith is in the PRTB to do something.
    But if the PRTB do turn out to be useless I will consider the revenue tactic.
    I just want to see what happens with the PRTB.


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    #85
    fash
    Registered Users Posts: 2,272 ✭✭✭fash


    take everything wrote: »
    OK but how does that get my deposit back.
    How does being screwed by revenue make him feel like giving the deposit back.

    Step 1: contact landlord and threaten to call revenue unless deposit received.
    Step 2: collect deposit.
    Step 3: call revenue anyway- since landlord is a scumbag.

    Where step 2 does not happen- call revenue anyway.


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    #86
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    take everything wrote: »
    OK but how does that get my deposit back.
    How does being screwed by revenue make him feel like giving the deposit back.
    Or are you talking about ringing him and using it as leverage to get it back (tbh I would have preferred not to have any dealings directly with him ever again, that's why I'm hoping the PRTB will get this money back).
    Getting the deposit back (via PRTB) and not being dragged down to his level is the result I want.

    But if the PRTB do turn out to be useless I will consider the revenue tactic.
    I just want to see what happens with the PRTB.

    seems like the PRTB has done everything right for you so far - they can make the judgements, send out the order to the LL but at the end of the day, they can't force him to pay.
    It really does not look good for getting your deposit back, unless you want to pay to take it further in court (is it a big deposit?). The revenue route is one possible way you have to get the money, but seems like since he has been avoiding everything else, he will just avoid this too. He may not care anymore at this point...


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    #87
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    Rasmus wrote: »
    seems like the PRTB has done everything right for you so far - they can make the judgements, send out the order to the LL but at the end of the day, they can't force him to pay.
    It really does not look good for getting your deposit back, unless you want to pay to take it further in court (is it a big deposit?). The revenue route is one possible way you have to get the money, but seems like since he has been avoiding everything else, he will just avoid this too. He may not care anymore at this point...

    Fair enough.
    I'd actually do the revenue thing instead of the hassle of court.
    I can't believe I wasted 6 mths with the PRTB if they can't do something about this (outside of me going to court).
    I suppose it's a learning experience.


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    #88
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    take everything wrote: »
    Fair enough.
    I'd actually do the revenue thing instead of the hassle of court.
    I can't believe I wasted 6 mths with the PRTB if they can't do something about this (outside of me going to court).
    I suppose it's a learni g experience.

    You got to this stage within 6 months? That's great. PRTB can't do much really with truly criminal landlords - but they are great with many other cases.


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    #89
    noodler
    Registered Users Posts: 26,324 ✭✭✭✭noodler


    I had no idea the PTRB couldn't enforce a deposit judgement.

    What the hell is the point then?

    How on earth does somebody stop a landlord (agency) who is tax compliant from stealing a tenant's deposit?


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    #90
    Dan_Solo
    Banned (with Prison Access) Posts: 10,087 ✭✭✭✭Dan_Solo


    After a while I realised the only way to be sure of getting your deposit back is to not pay your last month's rent. It'll take them a month to get you out and very little they can do about it afterwards.
    Too late for this with the OP, but something to consider in future.


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    #91
    noodler
    Registered Users Posts: 26,324 ✭✭✭✭noodler


    The other party has not complied with the PRTB’s Determination Order. What can I do?

    Where the terms of a Determination Order have not been complied with within the specified timeframe, a party can opt to enforce their own Determination Order through the Circuit Court under Section 124 of the Residential Tenancies Act 2004. Alternatively a party can apply to the PRTB to initiate enforcement proceedings against the other party. Such proceedings can involve Court proceedings against a non-compliant party, which could result in a criminal conviction being secured against them by the PRTB. All judgements are registered and thus are likely to affect the person’s credit rating, employment prospects and visas for foreign travel.

    From the PRTB website....can you not enforce via your own determination order or apply to the PRTB to intitiate enforcement proceedings as above?


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