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Deposit & Rent paid to an unknown

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  • 13-12-2014 6:13pm
    #1
    kerry4sam
    Registered Users Posts: 15,127 ✭✭✭✭


    Okay, not my own situation & only have some facts at present but trying to gather info & assist.
    Someone has come to me looking for advice. She has a v-young child moved houses 3-months ago. Paid the deposit and until now, the 3-months rent to she was informed (by her less than honest partner) was the owner of this house. Receipts were wrote by her, but signed by this man claiming to be owner (had keys to premises etc). No contract signed I'm told; he was supposed to call round lastnight to sign contact but never showed.

    Now, she has received a letter from a property-agency (that I will see myself tomorrow) stating she has not paid a deposit; not being paying her rent and wants the monies back-dated or they will change the locks.

    She is going home (not in Ireland) early next-week and not back until close to Christmas.
    ~ What options would she have?
    ~ Who would be best for her to contact should she return and find herself locked out of house (with her belongings inside etc...; close to Christmas) to find alternative accommodation in the interim.
    ~ She would not have another deposit right now; would not have 1-months rent, never mind 2 or even 3.

    All new to me & I'm just trying to find some answers for her before she leaves & before I meet her again tomorrow. Only found this out yesterday and she couldn't get herself an appointment with a soliticor yesterday, only appointments next-week she was told.

    Thanks in advance,
    kerry4sam

    /only have some info right now. Hopefully more tomorrow and all I really know at present is the above posted by me.


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    #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Has she spoken to Threshold?

    Sounds as if the partner has just had the rent paid to a mate. (Assuming worst case here). Is it possible he's been intercepting any letters pertaining to eviction. It seems this is the very first communication she is getting on the subject.

    Very messy all round, at some point the guards are going to need to be involved if the partner has been diverting the rent. Perhaps if she's fully co-operative and makes up the shortfall the LL might be willing to accept that as a term.

    This is all predicated on assumptions. She really needs to get proper advice from a professional and tell the full and unabridged story.


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    #3
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    kerry4sam I'd be heading along to the Gardaí about this one too. It is fraud/theft and at least if there is a Garda report the estate agent may be lenient or more understanding of the situation.


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    #4
    BarneyThomas
    Registered Users Posts: 68 ✭✭BarneyThomas


    Looking at it from a LLs point of view here.

    The landlord has had no contact at all with this person living in his house and the person he thought was renting from him wasnt paying rent and has now disappeared.

    Is the person who is living in the house expecting that they tell the landlord a story and that the landlord lets them away with a deposit and rent and then continue renting as if nothing has happened?

    The landlord is the victim here.

    Afraid this person may find they have no legal hold on the property at all. The landlord didnt rent it to her. She signed no contracts or gave any money to the landlord. For all the landlord cares she walked in off the street and lived in his house without his permission.
    Landlord should be calling the gardai to remove a stranger from his property.


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    #5
    Deenie123
    Closed Accounts Posts: 481 ✭✭Deenie123


    BarneyThomas wrote: »
    The landlord is the a victim here.

    fyp

    The woman is also a victim here. Gardai need to be involved ASAP and she needs to start talking to the landlord/agent, show them the receipts and show them the contact she has made with the Gardai. Hopefully if she can start talking with the actual landlord and make some sort of deal to pay extra on the rent until the arrears & deposit are paid off.


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    #6
    Victor
    Registered Users Posts: 78,299 ✭✭✭✭Victor


    kerry4sam wrote: »
    Now, she has received a letter from a property-agency (that I will see myself tomorrow) stating she has not paid a deposit; not being paying her rent and wants the monies back-dated or they will change the locks.
    I would check the bona fides of the agent, as this is not something a legal would would put in writing, as it would amount to an illegal eviction. www.prai.ie


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    #7
    kerry4sam
    Registered Users Posts: 15,127 ✭✭✭✭kerry4sam


    ^^^

    Thanking you all for your replies. Hopefully meeting her tomorrow & seeing this letter she spoke of will shed some more light on this.

    Thanks again,
    kerry4sam


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    #8
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    Victor wrote: »
    I would check the bona fides of the agent, as this is not something a legal would would put in writing, as it would amount to an illegal eviction. www.prai.ie

    I gather that the tenancy never officially began therefore an eviction would not take place but rather an ejection. Though I could be wrong at this late hour.


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