Issue with landlord and deposit

newwan

Hi
Were moving out of our place in dub in a few days. Were a few months into a 12 months lease. We had an issue with the landlord that did not involve any house damage and each decided it was time to part ways.

So that's that. Amicable enough

We have paid all rent and bills in full.

But iIhave a feeling he is going to try keep our deposit. I asked him about it some time ago now and he won't answer...

So what can we do to protect our deposit. The house is immaculate. Infinitely better than when we moved in...

handlemaster

Nothing. You do all you are ment to do. Then he gives you the deposit back.if not its the prtb with a case

wench

Does the landlord have new tenants lined up to move in?
If not, you may lose some of your deposit to cover his loss until he does (he has to act to minimise this though).

Too late now, but you should have asked to reassign your lease instead of breaking it, then your deposit would have been protected.

newwan

Thanks. He actually terminated the lease not us breaking it. Those were his exact words in his email notice.

So we shouldn't have any reason to keep our deposit.

How do we refer to ptrb if the time cones? What chance do we have? It's quite a lot of money...

Also he only gave us emailed notice of termination of tenancy but it has to be written doesn't it. If all comes to all well just ask him for legal written notice which will delay things another month on his behalf so hopefully he will then see sense...

I hope he doesn't try it but it looks inevitable.

salamanca22

newwan wrote: »

Thanks. He actually terminated the lease not us breaking it. Those were his exact words in his email notice.

So we shouldn't have any reason to keep our deposit.

How do we refer to ptrb if the time cones? What chance do we have? It's quite a lot of money...

Also he only gave us emailed notice of termination of tenancy but it has to be written doesn't it. If all comes to all well just ask him for legal written notice which will delay things another month on his behalf so hopefully he will then see sense...

I hope he doesn't try it but it looks inevitable.

From the face of it it sounds like an illegal eviction. If you have not broken your responsibilities as a tenant and there is no break clause in the lease then the landlord cannot evict you.

wench

newwan wrote: »

Thanks. He actually terminated the lease not us breaking it. Those were his exact words in his email notice.

So we shouldn't have any reason to keep our deposit.

How do we refer to ptrb if the time cones? What chance do we have? It's quite a lot of money...

Also he only gave us emailed notice of termination of tenancy but it has to be written doesn't it. If all comes to all well just ask him for legal written notice which will delay things another month on his behalf so hopefully he will then see sense...

I hope he doesn't try it but it looks inevitable.

You having it in email and not just verbal from him makes your position stronger going to the PRTB. If he asked you to leave, then he has no call to keep your deposit.

janedoe007

Take photos of the condition of the house before you move in case of dispute

Pawwed Rig

salamanca22 wrote: »

From the face of it it sounds like an illegal eviction. If you have not broken your responsibilities as a tenant and there is no break clause in the lease then the landlord cannot evict you.

There is not enough info to determine if it is an illegal eviction. It would seem the OP has not been there 6 months so does not have part 4 rights. There may be a case for breach of contract but I doubt that is a road worth going down in this case.
If the deposit is withheld for some reason then a complaint to the PRTB is the best and easiest option.
Take lots of photos before you move out showing the condition of the property.

salamanca22

Pawwed Rig wrote: »

There is not enough info to determine if it is an illegal eviction. It would seem the OP has not been there 6 months so does not have part 4 rights. There may be a case for breach of contract but I doubt that is a road worth going down in this case.
If the deposit is withheld for some reason then a complaint to the PRTB is the best and easiest option.
Take lots of photos before you move out showing the condition of the property.

Op mentions a lease is being broken by the landlord, that is an illegal eviction unless it is broken using provisions in the lease. That would be a break clause or the tenant has not follow their obligations.

REXER

janedoe007 wrote: »

Take photos of the condition of the house before you move in case of dispute

All photos including the days news paper in the image for date reference!

testaccount123

salamanca22 wrote: »

Op mentions a lease is being broken by the landlord, that is an illegal eviction unless it is broken using provisions in the lease. That would be a break clause or the tenant has not follow their obligations.

Or if its the first six months of the tenancy.

salamanca22

testaccount123 wrote: »

Or if its the first six months of the tenancy.

No, if there is a lease in place and the landlord is breaking the lease even if it is day one it is an illegal eviction.

Just because part 4 rights are not given in the first 6 months does not mean that the landlord can break his obligations as laid out in the lease.

salamanca22

salamanca22 wrote: »

No, if there is a lease in place and the landlord is breaking the lease even if it is day one it is an illegal eviction.

The op suggests that it was by mutual consent that they move out, how can it be an illegal eviction if they agreed to it?

salamanca22

newwan wrote: »

Thanks. He actually terminated the lease not us breaking it. Those were his exact words in his email notice.

So we shouldn't have any reason to keep our deposit.

How do we refer to ptrb if the time cones? What chance do we have? It's quite a lot of money...

Also he only gave us emailed notice of termination of tenancy but it has to be written doesn't it. If all comes to all well just ask him for legal written notice which will delay things another month on his behalf so hopefully he will then see sense...

I hope he doesn't try it but it looks inevitable.

Kenia Young Poultry wrote: »

The op suggests that it was by mutual consent that they move out, how can it be an illegal eviction if they agreed to it?

My reading of that is that it is not mutual

salamanca22

salamanca22 wrote: »

My reading of that is that it is not mutual

newwan wrote: »

Hi
Were moving out in a few days. Were a few months into a 12 months lease. We had an issue with the landlord that did not involve any house damage and each decided it was time to part ways.

So that's that. Amicable enough

.

...

salamanca22

Kenia Young Poultry wrote: »

...

Dunno how I missed that. Fair enough then, I was wrong.

newwan

It was amicable alright. But it won't be if he keeps the lease.

We did break one clause in the lease very temporarily. Just one weekend really and subsequently corrected it and never broke any piece of the lease again. He wasn't happy so asked us to leave. We were happy to leave so agreed. He then emailed me a termination of lease agreement which is not legal afaik.

He did really piss us off by calling unannounced once and sending a guy unannounced another time who basically looked in the back window at us semi naked.

The place was in crap when we moved in. Just been redecorated and carpeted but Stanley blades thrown all over the floor. Dust and builders crap everywhere. We got cleaners in and shone the place up no end. I have pics before and after alright...

I have no interest in ever living there again and don't want any kind of trouble. But idon't fancy losing a months wages to this guy...


My plan is to leave the place immaculate condition and take loads of pics.

If he subsequently holds the deposit ill refer to ptrb and tell him to give us written notice and then we'll go in a months time... Which hopefully will be enough hassle for him to just sort it... Opinions?

Butters1979

Ok first of all, he needs to give 24 hours notice before calling around I believe. Also looking in the back window is very dodgy but you say this was someone else. How do you know he was sent by the LL? That would be hard to prove

You say you did break one clause in the lease but only for a weekend but haven't told us what that was. Which makes me suspicious. What exactly did you do?

Pawwed Rig

Butters1979 wrote: »

Ok first of all, he needs to give 24 hours notice before calling around I believe.

Not true. You call at a mutually agreed time.

newwan

We had a pet on the property. Not even ours. For a short time only...


So to update.
We moved out. Left the house in glorious condition. Took tens of photos. Much better than the building site we moved into which we also have photos of...

And now nothing. Landlord won't phone me or answer messages. So he has done a runner with our deposit and wont even have the balls to tell me...

Any advice on what to do?

petes

newwan wrote: »

We had a pet on the property. Not even ours. For a short time only...


So to update.
We moved out. Left the house in glorious condition. Took tens of photos. Much better than the building site we moved into which we also have photos of...

And now nothing. Landlord won't phone me or answer messages. So he has done a runner with our deposit and wont even have the balls to tell me...

Any advice on what to do?

Did you not say you were going to open a case with the PRTB?

newwan

petes wrote: »

Did you not say you were going to open a case with the PRTB?

I was hoping it woukdnt come to that.
Or at the very least he would tell me he was keeping deposit so iwould have no choice but to go to ptrb.

But what do ido with silence?

FobleAsNuck

open a case with PRTB maybe?

Pawwed Rig

PRTB is your only option.

Arbiter of Good Taste

OP, when did you move out? Today? Yesterday? Last week? Try and look at it with a bit of perspective. If you have literally just moved out, are you expecting the LL to be sitting by the phone awaiting your call? Has he even had an opportunity to do an inspection? If he knows you had a pet - even temporarily - he will want to go through it with a fine tooth comb. Give it at least a couple of days before threatening PRTB

newacc2015

Did you give back all the keys? You are liable for rent up until all keys are returned. I would email or text(PRTB accepts texts as evidence). "Hi (landlords name), since we moved out on (whatever day) and returned all the keys. We were wondering when can we expect to get our deposit back?". Start creating a paper trail

newwan

We moved out the 12th. No response to calls or texts. Swung by there this evening and looks like new family in there already...

So PTRB it is then.

My gf wants to call by the house to the new tenants and explain things to them. I think that's a very bad idea and want nothing to do with that.

I really wish it didn't come to this. Anyone ever do it before? Is it very bad? I think a drawn out process will affect our health and relationship

athtrasna

newwan wrote: »

We moved out the 12th. No response to calls or texts. Swung by there this evening and looks like new family in there already...

So PTRB it is then.

My gf wants to call by the house to the new tenants and explain things to them. I think that's a very bad idea and want nothing to do with that.

I really wish it didn't come to this. Anyone ever do it before? Is it very bad? I think a drawn out process will affect our health and relationship

If you're taking a prtb case you need to be whiter than white. Steer clear of the new tenants and say nothing to them until the case is over or it will be used against you.

Arbiter of Good Taste

newwan wrote: »

We moved out the 12th. No response to calls or texts. Swung by there this evening and looks like new family in there already...

So PTRB it is then.

My gf wants to call by the house to the new tenants and explain things to them. I think that's a very bad idea and want nothing to do with that.

I really wish it didn't come to this. Anyone ever do it before? Is it very bad? I think a drawn out process will affect our health and relationship

Your problem has nothing to do with the new tenants. Leave them in peace

MarkAnthony

newwan wrote: »

We moved out the 12th. No response to calls or texts. Swung by there this evening and looks like new family in there already...

So PTRB it is then.

My gf wants to call by the house to the new tenants and explain things to them. I think that's a very bad idea and want nothing to do with that.

I really wish it didn't come to this. Anyone ever do it before? Is it very bad? I think a drawn out process will affect our health and relationship

If filling in some forms and talking to some people and possibly having to go in front of a quasi-judicial panel for a day is going to affect your health and relationship it's time to buy a caravan and live somewhere in Dingle. It's a pain in the arse you could do without but it's hardly a complicated High court case.

4Marie

Be patient

Email asking for deposit

Continue to be patient