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Deposit without a formal lease

  • 04-09-2014 1:23pm
    #1
    Closed Accounts Posts: 614 ✭✭✭


    Hi all,

    Had a scan of the forum but didn't see this asked anywhere.

    Basically renting (house share) in a new place and the landlord wants a deposit (all ok on that front), however he wont give me an official lease document, he would just rather a verbal agreement.

    Is this allowed? It seems kind of off to me. Would I have some comeback on my deposit if I ever decided to leave?

    Cheers in advance!


Comments

  • Registered Users, Registered Users 2 Posts: 3,093 ✭✭✭rawn


    Davie89 wrote: »
    Hi all,

    Had a scan of the forum but didn't see this asked anywhere.

    Basically renting (house share) in a new place and the landlord wants a deposit (all ok on that front), however he wont give me an official lease document, he would just rather a verbal agreement.

    Is this allowed? It seems kind of off to me. Would I have some comeback on my deposit if I ever decided to leave?

    Cheers in advance!

    This sounds extremely dodgy. I would insist on a written lease or walk away. I have no idea why a LL wouldn't want a lease in writing, but it can't be for a good reason.


  • Closed Accounts Posts: 614 ✭✭✭blankblank


    Yeah, thats kinda what I was thinking just wondering was it the norm of things going on.

    Anyway I havent handed over a deposit and wont until I get a lease in writing.


  • Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    Does the landlord live in the property you are renting?


  • Closed Accounts Posts: 614 ✭✭✭blankblank


    Nope he doesnt, I am living in it three months now at this stage.

    Never gave a deposit as I wasnt asked for one.

    Now he is looking for it.


  • Moderators, Computer Games Moderators Posts: 10,462 Mod ✭✭✭✭Axwell


    Safe to assume you arent registered with the PTRB either then?


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  • Closed Accounts Posts: 614 ✭✭✭blankblank


    Nope*








    (erry feeling brewing that I should have all these things done already :( )


  • Registered Users, Registered Users 2 Posts: 3,093 ✭✭✭rawn


    Davie89 wrote: »
    Nope*








    (erry feeling brewing that I should have all these things done already :( )

    It's not up to you to register with the PRTB the LL should have done that anyways. Explains why he doesn't want a lease anyways, keeping off their radar. Your tenancy rights will still be protected by them should an issue arise with the LL.


  • Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    In fairness a lease doesn't have to be written down, you can have a verbal one. After 6 months you can avail of a part IV tenancy and you are covered under the rules laid out in the RTA 2004.

    The PRTB registration maybe in place, it could be under the initial tenant (who may also have a lease in place).

    Do any of the other tenants have/had lease agreements?


  • Closed Accounts Posts: 614 ✭✭✭blankblank


    I think they have being honest, will ask them tomorrow.

    He seemed (the landlord) fairly lax when I was moving in and tbh it suited me at the time as I was taking off for a trip and needed somewhere to land all my belongings.

    Just kinda caught me off guard now with the sudden demanding of a deposit!


  • Registered Users, Registered Users 2 Posts: 1,179 ✭✭✭salamanca22


    Was it agreed upon when you moved in that a deposit was needed? If not then don't give him one as it was never contracted.

    Deposits aren't legally required unless stipulated in a lease either verbal or written.


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  • Registered Users, Registered Users 2 Posts: 1,341 ✭✭✭miezekatze


    If you do give him a deposit, he should at least give you a receipt that states that you gave him a deposit of X amount and include the date and address. I wouldn't give him a deposit without getting anything in writing.


  • Registered Users, Registered Users 2 Posts: 601 ✭✭✭Magicmatilda


    I paid a deposit to my landlord and I have no written lease and nor do I want one.

    I like the flexibility of being able to move out and just having to give a specified amount of notice as per part 4 tenancy which is what I am covered by as I am living here over 6 months.

    I can prove that I have been paying rent as it leaves my bank account every month and goes to his.

    If there are any problems I can contact PRTB should I need to. But I doubt I will need to as the landlord is good at getting tings fixed etc...

    Not having a written lease does not neccesarily mean dodgy.

    Do you pay by bank transfer or cash. Cash would be dodgy.


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