Deposit Issues

yesno1234

Would appreciate any advice/help on a few issues.

Moved out from our house at the end of May and our deposit has still not been returned. I have been abroad for the last two months hence me not following up but the other tenants have to no avail, landlord dodging calls or answering and stating he will call back but never calling back. There were 7 tenants in the house, we all signed a contract, I can't remember whether it was a separate contract each, I think it was. It was college accommodation.

I was the last to leave the house so it was me that dealt with the issues with the landlord. We gave one months rent each as deposit (€220) and €100 for bills.

Landlords issue when we left.
1. One didn't pay the last months rent and asked him to take out of deposit. Landlord said that this would come out of everyone's deposit as the contract was as one (i.e. he said we all signed as one and the lease was for the house and not for single rooms taken each). The landlord also said a second did not pay, howeever, this is noot true and have the cheque stub as proof.
2. Damage around the house, we agreed completely that he was entitled to take it out of the deposit, as he is.
3. There were 4 or 5 bin bags left at the side of the house which I again told him he was entitled to charge us for their disposal.
4. There was a bill due which was covered by the €100 each for bills we gave at the beginning.
On leaving I told the landlord that I wanted a breakdown of anything taken out of the deposit along with receipts. Which he started giving out saying that I was being awkward asking for them. It's not even getting the deposits back at this point it's just getting a statement from him and receipts.

Basically, I am wondering if there is a time limit on when the landlord has to give the deposits back? Also the issue with the deposits bein g taken as one and people not paying rent coming out of everyones deposit. I would be of the opinion that seen as we all signed something we were separate tenants plus we all got a letter each to the house from the PTRB which would tell me again that we were separate tenants.

Any help would be greatly appreciated.

o1s1n

Just to look at it from the other side for a moment;

1. The Last month's rent wasn't paid in full (deposits are just that, deposits, not rent)
2. The house was damaged enough to warrant money from your deposits.
3. You left 5 binbags worth of rubbish upon leaving.

I can see why he'd be a bit miffed to be honest. I'd say he's just being cheeky and trying to hang onto all the deposits. (not that that's right either)

I'd say at this stage the only thing you can do really is to lodge a case with the PRTB.

yesno1234

o1s1n wrote: »

Just to look at it from the other side for a moment;

1. The Last month's rent wasn't paid in full (deposits are just that, deposits, not rent)
2. The house was damaged enough to warrant money from your deposits.
3. You left 5 binbags worth of rubbish upon leaving.

I can see why he'd be a bit miffed to be honest. I'd say he's just being cheeky and trying to hang onto all the deposits. (not that that's right either)

I'd say at this stage the only thing you can do really is to lodge a case with the PRTB.

Of course, exactly, I wasn't making out that we were saints. As I said, I fully agreed with him taking the damages etc out of the deposit as he was entitled to. With regards the last month's rent we tried to get the person to pay the last months rent but they refused. What more could we do?

salamanca22

Landlord has no case to be honest so long as the damage didn't cost more than the 1540 euro deposit.

The damage should of been fixed and billed ASAP and the remaining deposit returned to the tenants.

Also, you are entitled to see all bills and receipts from any expenditure to make the house right again and I believe if the landlord cannot provide these then he cannot charge. Open to correction on that one though.

xper

Asking for receipts or at least just a breakdown for deductions made from the deposit is not being awkward, it's a legal requirement of the landlord. The legal time limit for return of deposit is "within a reasonable time". Two months on is in no way reasonable so you would have grounds to submit a complaint to the PRTB. Or at least tell the landlord you are doing so if he doesn't return the deposit balance by date x - this might get him moving.

It is difficult to know what the nature of the legal agreement between the house occupants and the owner without seeing the actual document(s) (And that is not an invitation to post the document up or anything!). The separate signings arrangement sounds like it is in fact a Licence to Reside agreement which is not uncommon in the student accommodation sector. However the landlord is asserting that the agreement(s) is/are a full tenancy in which the signatories are all "wholly and severally liable" (this gives him grounds to chase any of you for the unpaid rent of one individual). Registering with PRTB reinforces this but registering several times just sounds wrong. This may be important as The PRTB complaint process is only applicable to tenancies, not licence agreements.

yesno1234

xper wrote: »

Asking for receipts or at least just a breakdown for deductions made from the deposit is not being awkward, it's a legal requirement of the landlord. The legal time limit for return of deposit is "within a reasonable time". Two months on is in no way reasonable so you would have grounds to submit a complaint to the PRTB. Or at least tell the landlord you are doing so if he doesn't return the deposit balance by date x - this might get him moving.

It is difficult to know what the nature of the legal agreement between the house occupants and the owner without seeing the actual document(s) (And that is not an invitation to post the document up or anything!). The separate signings arrangement sounds like it is in fact a Licence to Reside agreement which is not uncommon in the student accommodation sector. However the landlord is asserting that the agreement(s) is/are a full tenancy in which the signatories are all "wholly and severally liable" (this gives him grounds to chase any of you for the unpaid rent of one individual). Registering with PRTB reinforces this but registering several times just sounds wrong. This may be important as The PRTB complaint process is only applicable to tenancies, not licence agreements.

Every person in the house received a separate letter about being registered (can't actually remember what the letters were about but fairly sure it was just stating that we were registered) with the PRTB, if this helps in anyway?

Arbiter of Good Taste

yesno1234 wrote: »

Every person in the house received a separate letter about being registered (can't actually remember what the letters were about but fairly sure it was just stating that we were registered) with the PRTB, if this helps in anyway?

When you register with the PRTB you have to give each tenants' details, so it may be common for the PRTB to notify each tenant separately. That does not necessarily mean you have separate leases. Read the lease. That will tell you where you stand.

pwurple

He should of course give you a breakdown of the damage costs and how much of the deposit is coming back... If any.

1540
less the 220...
Less some bin disposal... Say 100 to be generous
Less another 220 (cheque stub is no proof, need bank statement that it was cashed/lodged. L ndlord may never have received that).

Leaves just over 1000 to cover damage.

What kind of damage are we talking here OP? Replacing appliances or furniture would run to 1000 very quickly.

yesno1234

pwurple wrote: »

He should of course give you a breakdown of the damage costs and how much of the deposit is coming back... If any.

1540
less the 220...
Less some bin disposal... Say 100 to be generous
Less another 220 (cheque stub is no proof, need bank statement that it was cashed/lodged. L ndlord may never have received that).

Leaves just over 1000 to cover damage.

What kind of damage are we talking here OP? Replacing appliances or furniture would run to 1000 very quickly.

Like I said, the issue isn't even getting the deposit back at this point it was having some breakdown of everything coming out of the deposit, he is entitled to take the costs out of the deposits, he is also required (and requested) to give receipts for said costs. He is quite clearly taking the piss with regards the time it's taken to sort this and that is what I wanted to find out.

davo10

yesno1234 wrote: »

Like I said, the issue isn't even getting the deposit back at this point it was having some breakdown of everything coming out of the deposit, he is entitled to take the costs out of the deposits, he is also required (and requested) to give receipts for said costs. He is quite clearly taking the piss with regards the time it's taken to sort this and that is what I wanted to find out.

This sounds like a confusing situation for the LL as well as yourself. Costs/deposits split multiple ways, rent owed by one but LL may deduct it from all, question over one shared/multiple agreements etc. I'm not surprised this is taking a while to sort sort out, it sounds like a mess.

yesno1234

davo10 wrote: »

This sounds like a confusing situation for the LL as well as yourself. Costs/deposits split multiple ways, rent owed by one but LL may deduct it from all, question over one shared/multiple agreements etc. I'm not surprised this is taking a while to sort sort out, it sounds like a mess.

We've tried a number of times to contact him. He either doesn't answer the phone or he answers it, says he'll call back and never does. Fully agree, it's a mess but he's being no help in trying to resolve it dodging our calls.