Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Landlord not giving back deposit

Options
123468

Comments

  • Options
    #152
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    So the appeal tribunal is on late October
    (Nearly a whole year!)
    Anyway your man sent some stuff in (including claims about dampness IIRC which to me seems bizarre. Surely this is something he would be minimising not highlighting). He also seems to have a solicitor involved (a letter with a solicitor's name on it was submitted).

    I'm trying to figure out what he'a playing at because he doesn't seem to have a leg to stand on. Could he be trying to make me to drop it (by involving the solicitor).


  • Options
    #153
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    take everything wrote: »
    OP here again.
    I'm still waiting for the PRTB to send me out notice for the appeal tribunal.
    Dunno why it's taking so long- it's nearly three weeks and I'm still waiting for confirmation of a date.

    Anyway can anyone suggest things I can do to prepare for this.
    I have asked for references from previous landlords who are only too happy to send on good references (fair play to them) so together with this asshole's reference it should reinforce the point that I'm a good tenant.

    I'm also wondering what I should say and what I shouldn't.
    Should I talk about how he never registered me as a tenant with the PRTB,
    How he never gave me receipts for the cash,
    How he inspected the place prior to saying to me that he estimated the cleaning at around 75 euro and made no mention of not giving me back my deposit/ me owing him money at that point.
    How he failed to communicate with me other than by email and only after repeatedly calling him.
    How he ignored the PRTB process at every turn until the appeal.
    How when I went down to pick up post I saw that he had done up the hall to a standard far better than when I moved in.

    I'm also wondering if it's worth mentioning what I do (working long hours and eating out a lot) and how I never had anyone over for parties etc.

    I presume it's all admissible. If they don't want to listen to it that's another story.

    If he took payment in cash, there's every chance he's not tax compliant. Wee phone call to revenue AFTER you get your deposit back is the least you can do after the hassle he's put you through.


  • Options
    #154
    _Kaiser_
    Registered Users Posts: 28,749 ✭✭✭✭_Kaiser_


    take everything wrote: »
    So the appeal tribunal is on late October
    (Nearly a whole year!)
    Anyway your man sent some stuff in (including claims about dampness IIRC which to me seems bizarre. Surely this is something he would be minimising not highlighting). He also seems to have a solicitor involved (a letter with a solicitor's name on it was submitted).

    I'm trying to figure out what he'a playing at because he doesn't seem to have a leg to stand on. Could he be trying to make me to drop it (by involving the solicitor).

    Sounds like he's now saying you caused damp in the place, thus damage, thus he kept your deposit to cover repairs


  • Options
    #155
    MayoSalmon
    Registered Users Posts: 2,242 ✭✭✭MayoSalmon


    Learned a long long time ago to forgo handing over the last months rent because of ****e like this...simples


  • Options
    #156
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    _Kaiser_ wrote: »
    Sounds like he's now saying you caused damp in the place, thus damage, thus he kept your deposit to cover repairs

    Always kept the place well ventilated and turned on the heating when cold.


  • Advertisement
  • Options
    #157
    Cuddlesworth
    Registered Users Posts: 13,983 ✭✭✭✭Cuddlesworth


    take everything wrote: »
    So the appeal tribunal is on late October
    (Nearly a whole year!)
    Anyway your man sent some stuff in (including claims about dampness IIRC which to me seems bizarre. Surely this is something he would be minimising not highlighting). He also seems to have a solicitor involved (a letter with a solicitor's name on it was submitted).

    I'm trying to figure out what he'a playing at because he doesn't seem to have a leg to stand on. Could he be trying to make me to drop it (by involving the solicitor).

    At this point he is now looking at a fine, damages and a return of deposit. It sounds like his lawyer is trying to firefight. It doesn't matter about him involving a lawyer with the PRTB, they don't care. Its entirely subjective.


  • Options
    #158
    JustAddWater
    Closed Accounts Posts: 1,990 ✭✭✭JustAddWater


    MayoSalmon wrote: »
    Learned a long long time ago to forgo handing over the last months rent because of ****e like this...simples

    and now landlords have learned too and look for 2 months deposit which is fast becoming the norm. So thanks for that!


  • Options
    #159
    MayoSalmon
    Registered Users Posts: 2,242 ✭✭✭MayoSalmon


    JustAddWater wrote: »
    and now landlords have learned too and look for 2 months deposit which is fast becoming the norm. So thanks for that!

    Then 2 months rent will be witheld and so on and so on:pac::pac:


  • Options
    #160
    _Kaiser_
    Registered Users Posts: 28,749 ✭✭✭✭_Kaiser_


    take everything wrote: »
    Always kept the place well ventilated and turned on the heating when cold.

    Yea, but from what you've said this guy is probably going to try and use that approach as a defence/justification.


  • Options
    #161
    Tarzana
    Closed Accounts Posts: 2,062 ✭✭✭Tarzana


    JustAddWater wrote: »
    and now landlords have learned too and look for 2 months deposit which is fast becoming the norm. So thanks for that!

    +1

    People just don't get it. I never agreed with using the last month's deposit as rent, and now I REALLY don't. Stop it people, you're ruining it for everyone! :mad:


  • Advertisement
  • Options
    #162
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    MayoSalmon wrote: »
    Then 2 months rent will be witheld and so on and so on:pac::pac:

    Mod note: Could you stop with this line of advice/commentary...as this is a direct breach of the RTA 2004 it is therefore against the charter.


  • Options
    #163
    Uncle Ben
    Closed Accounts Posts: 1,843 ✭✭✭Uncle Ben


    awec wrote: »
    No matter what happens OP you need to be telling Revenue anyway. Paying cash in hand with no receipts to an unregistered landlord is going to get them interested.

    I'd let your local authority know also, he may owe them over €7k if he didn't pay his Nppr.


  • Options
    #164
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Beaner1 wrote: »
    Close to zero landlords look for 2 months. if they did then people could just skip the last two months rental payments.

    Some landlords in higher demand areas are looking for 3 months rent as deposit. You'll receive an eviction notice before that time is up and can enjoy your time in the spotlight when you get dragged in explain why you broke the law. Any case you had against the LL will be severely weakened by withholding rent and your chances of compensation go out the window.

    There are correct and legal ways to go about things, skipping rent is not the correct way.


  • Options
    #165
    Beaner1
    Banned (with Prison Access) Posts: 819 ✭✭✭Beaner1


    runawaybishop wrote: »
    Some landlords in higher demand areas are looking for 3 months rent as deposit. You'll receive an eviction notice before that time is up and can enjoy your time in the spotlight when you get dragged in explain why you broke the law. Any case you had against the LL will be severely weakened by withholding rent and your chances of compensation go out the window.

    There are correct and legal ways to go about things, skipping rent is not the correct way.

    Can you point me towards any of these ads on daft specifying such terms? Evictions take a lot longer than 2 months.


  • Options
    #166
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Beaner1 wrote: »
    Can you point me towards any of these ads on daft specifying such terms? Evictions take a lot longer than 2 months.

    Look for houses in high demand areas? I'm not your research assistant.

    Walking off with the last months rent in liue of deposit is a stupid idea that is leading to landlords asking for larger deposits. Its also illegal.


  • Options
    #167
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    It's got to the point now that I won't rent without a reference specifically confirming that the deposit wasn't used as rent the last time around. And that reference from an agent, not just a private landlord, as people are just getting their mates to pretend they were the last landlord


  • Options
    #168
    L1011
    Registered Users Posts: 68,059 ✭✭✭✭L1011


    Grandpa Hassan wrote: »
    It's got to the point now that I won't rent without a reference specifically confirming that the deposit wasn't used as rent the last time around. And that reference from an agent, not just a private landlord, as people are just getting their mates to pretend they were the last landlord

    So you won't rent to someone who rented direct off a landlord previously? Not every landlord *has* an agent; its not impossible to do.


  • Options
    #169
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    I know. But I've read plenty of posts on here where people have said that they get around the lack of a reference, when they've used the deposit as rent, by just fabricating one.


  • Options
    #170
    Beaner1
    Banned (with Prison Access) Posts: 819 ✭✭✭Beaner1


    Most tenants have 5+ previous landlords so any number of good references to choose from. I've often gone back to the a landlord 2 previous.


  • Options
    #171
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    Grandpa Hassan wrote: »
    It's got to the point now that I won't rent without a reference specifically confirming that the deposit wasn't used as rent the last time around. And that reference from an agent, not just a private landlord, as people are just getting their mates to pretend they were the last landlord

    I used to own & rent out in Cork and the pool of available houses is getting smaller down here too. When a previous tenant asked for a reference I gave the following contact details so the new LL/agent knew I wasn't a friend of the tenant.
    • Work Email
    • Work phone number - main reception number and told them to ask for "Quietsailor at ext 1234"
    • Personal mobile
    The new agent was happy with this as they had traceability


  • Advertisement
  • Options
    #172
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    runawaybishop wrote: »
    Look for houses in high demand areas? I'm not your research assistant.

    Walking off with the last months rent in liue of deposit is a stupid idea that is leading to landlords asking for larger deposits. Its also illegal.

    You made the claim. It's up to you to prove it.


  • Options
    #173
    zl1whqvjs75cdy
    Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    Beaner1 wrote: »
    Most tenants have 5+ previous landlords so any number of good references to choose from. I've often gone back to the a landlord 2 previous.

    How do you figure that? I've been renting nearly 4 years now and have had two landlord.


  • Options
    #174
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    gaius c wrote: »
    You made the claim. It's up to you to prove it.

    See multiple threads in this forums about it. A bit of common sense goes a long way.


  • Options
    #175
    Eogclouder
    Registered Users Posts: 197 ✭✭Eogclouder


    runawaybishop wrote: »
    Some landlords in higher demand areas are looking for 3 months rent as deposit. You'll receive an eviction notice before that time is up and can enjoy your time in the spotlight when you get dragged in explain why you broke the law. Any case you had against the LL will be severely weakened by withholding rent and your chances of compensation go out the window.

    There are correct and legal ways to go about things, skipping rent is not the correct way.
    Beaner1 wrote: »
    Can you point me towards any of these ads on daft specifying such terms? Evictions take a lot longer than 2 months.
    The_Morrigan wrote: »
    Mod note: Could you stop with this line of advice/commentary...as this is a direct breach of the RTA 2004 it is therefore against the charter.

    Apparently we can ignore mods now.


  • Options
    #176
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    runawaybishop wrote: »
    See multiple threads in this forums about it. A bit of common sense goes a long way.

    Citation please.


  • Options
    #177
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    So I had the tribunal today.
    He turned up.
    He gave a very poor excuse for not complying with the initial dispute.
    He attended with a solicitor whom I thought wasn't very good tbh.
    He just kept on saying (to the effect) ah here, you can't say that now.

    He produced some photos (re. cleaning) but couldn't produce any "before I moved in" photos to show a difference in the state of the apartment attributable to me. He had no response to this.

    He had no response specifically to broken chair, lamp that I never used, etc.

    He had no response to his lack of communication/failure to provide forwarding address.

    He had no response to not registering with prtb.

    He had no response to me asking what I did to the apartment that warranted redecoration etc of 634 euro etc. Just referred to receipts.

    He admitted the discussion we had on last day of tenancy where the 70 euro estimate for cleaning came up. No attempt was made to reconcile this with the later 634 euro in the email.

    Anyway the chairman asked if we wanted to settle at the end. His solicitor jumped at the chance at a five minute break to discuss this (not sure what exactly that might mean; when settlement was offered by the chairman at the outset he didn't budge). Anyway no word from your man about settling.

    So I suppose I just wait the 4 weeks for a result.

    I don't think i'd do this again. 10 months of hassle tbh. Ridiculous.
    Felt good to get it off my chest though. Kinda felt sorry for the asshole at times.


  • Options
    #178
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    I honestly still don't know what this guy Is at. I would say it went my way (minus a bit of cleaning costs). I genuinely can't seeing it going his way at all.
    So if that is the case, logically him not wanting to settle can only mean one of two things:
    1. He thinks he's won it easily or
    2. He has no intention of returning the deposit even If it goes my way and he couldn't care/or indeed is unaware of the judgment against him going up on the prtb site.

    Also, it's really weird that he still seems to not be registered for that property on the prtb list. And the lads chairing the prtb hearing today acting like he's a lovely fella altogether.
    Something not adding up here for me.


  • Options
    #179
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    take everything wrote: »
    I honestly still don't know what this guy Is at. I would say it went my way (minus a bit of cleaning costs). I genuinely can't seeing it going his way at all.
    So if that is the case, logically him not wanting to settle can only mean one of two things:
    1. He thinks he's won it easily or
    2. He has no intention of returning the deposit even If it goes my way and he couldn't care/or indeed is unaware of the judgment against him going up on the prtb site.

    Also, it's really weird that he still seems to not be registered for that property on the prtb list. And the lads chairing the prtb hearing today acting like he's a lovely fella altogether.
    Something not adding up here for me.
    Maybe he is connected to someone in the PRTB or to some dodgy politician in the area who is tugging strings for him?


  • Options
    #180
    take everything
    Registered Users Posts: 9,804 ✭✭✭take everything


    Can't believe I'm still waiting for the PRTB to give their decision on this. It's nearly 6 weeks since I had the tribunal and they still can't give me a definitive date for the decision.
    They are absolutely useless tbh.
    This has been going on for the past 11 months now. A lot of time and energy for 450 quid. If anyone else was considering this, I would advise them against it, going on my experience. If I had to do it again knowing this I wouldn't.
    Useless.


  • Advertisement
  • Options
    #181
    matrim
    Registered Users Posts: 7,517 ✭✭✭matrim


    take everything wrote: »
    Can't believe I'm still waiting for the PRTB to give their decision on this. It's nearly 6 weeks since I had the tribunal and they still can't give me a definitive date for the decision.
    They are absolutely useless tbh.
    This has been going on for the past 11 months now. A lot of time and energy for 450 quid. If anyone else was considering this, I would advise them against it, going on my experience. If I had to do it again knowing this I wouldn't.
    Useless.

    They really are a joke. I had a similar experience a couple of years ago but in saying that I would do it again just to piss off the arrogant bastard of a landlord trying to keep my money for nothing.


Advertisement