Letting agent closed down

Dansam

Has anyone in <mod snip> been affected by the sudden closure of <snip> They let two houses for me in <snip>. They sent out a letter 2 weeks ago which said he was too sick to work and was closing the business. His phone is off and the email is bouncing back. He has kept 3300 euro from me including 1200 which belongs to the tenants aso deposits. I know of one other landlord who used him. He also kept his tenants deposit. I understand he looked after over 100 houses. It looks like there is a theme to this and I'd like to know who else has been affected. Both my tenants and I have been to the gardai. Who advised a solicitor.

newacc2015

My understanding is that management companies are supposed to have two bank accounts . One for their day-to-day expenses like light & heat, wages, rent etc. Another for rents and deposits. Your outstanding rent and tenant deposit should be in that different account

Call the National Property Services Regulatory Authority and explain the situation you are in. Allegedly they are tightening up on bad practices by estate agents and I imagine will be interested to hear your situation

The gardai told your tenants to get a solicitor as it is a civil matter in their opinion and not their issue. I would start with the National Property Services Regulatory Authority first

athtrasna

Mod note

OP I'm sorry that you are in the situation you are in but I've had to edit your post and the thread title as they left boards open to potential legal action. As per the forum charter please do not identify companies or individuals. In this case even the location would make it very easy to identify the subject of your post.

seagull

Do you know if he's registered? That could have an impact on the routes you can follow.

the_syco

Tell your tenants to start a PTRB case against him. I think the Small Claims Court max is two grand, so you may need to go an alternative route, but contact your solicitor about this anyway, as best getting it sorted sooner rather than later.

Also, do some Facebook stalking, and see if he's gone somewhere sunny. Don't confront him on Facebook, just use it to keep tabs on him.

Dansam

From what I can see he's not registered since April. He's not on Facebook. Other people have told me he had a nervous breakdown. Debt problems I suppose. We've been using him for 3 years without any problem.

foggy_lad

the_syco wrote: »

Tell your tenants to start a PTRB case against him. I think the Small Claims Court max is two grand, so you may need to go an alternative route, but contact your solicitor about this anyway, as best getting it sorted sooner rather than later.

Also, do some Facebook stalking, and see if he's gone somewhere sunny. Don't confront him on Facebook, just use it to keep tabs on him.

The Landlord is responsible for returning the deposits even where an agent has collected them and collected rents and found tenants etc. Also the small claims court is not an option for tenants, only licensees can avail of the Small Claims Court for deposit return. All tenants can do is go through the RTB and see the deposit from their Landlord.

the_syco

foggy_lad wrote: »

The Landlord is responsible for returning the deposits even where an agent has collected them and collected rents and found tenants etc.

When the landlord has received the deposit form the tenant, yes. If landlord has not received the deposit from the tenant, I'm 99% sure it's no.

foggy_lad wrote: »

Also the small claims court is not an option for tenants, only licensees can avail of the Small Claims Court for deposit return. All tenants can do is go through the RTB and see the deposit from their Landlord.

I said tenants to RTB. For him (claiming from a business) the small claims max is under what is owed to him, thus solicitor, as court may prove to be expensive.

4ensic15

the_syco wrote: »

Tell your tenants to start a PTRB case against him. I think the Small Claims Court max is two grand, so you may need to go an alternative route, but contact your solicitor about this anyway, as best getting it sorted sooner rather than later.

Also, do some Facebook stalking, and see if he's gone somewhere sunny. Don't confront him on Facebook, just use it to keep tabs on him.

RTB cases can only be started by tenants against landlords or vice versa. PSRA is the only option. Guards will not be interested.

foggy_lad

the_syco wrote: »

When the landlord has received the deposit form the tenant, yes. If landlord has not received the deposit from the tenant, I'm 99% sure it's no.

The Tenants have paid the deposit to the "landlord's agent" so it has effectively been paid to the landlord and it is the landlord who must return that deposit to the tenants regardless of whether it has been recovered from the "agent".

I said tenants to RTB. For him (claiming from a business) the small claims max is under what is owed to him, thus solicitor, as court may prove to be expensive.

Agreed, but even if the landlord fails to recover the monies from their agent it does not affect their obligation to return the deposits to the tenants. The tenants did not pick or insist on using an agent, the landlord did and should have been keeping a closer eye on their business especially the funds!

the_syco

foggy_lad wrote: »

The tenants did not pick or insist on using an agent, the landlord did and should have been keeping a closer eye on their business especially the funds!

Even if the tenants rented from the agent, and only have a contract with the agent, not with the landlord?

4ensic15

the_syco wrote: »

Even if the tenants rented from the agent, and only have a contract with the agent, not with the landlord?

The agent was acting on behalf of his principal, the landlord. The contract is made between the tenant and the landlord. The agent is only a facilitator.