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Getting back my deposit

  • 20-02-2017 9:59am
    #1
    Registered Users, Registered Users 2 Posts: 90 ✭✭


    Hi Im not sure if this is the right place but im wondering when you leave a house how quick should you get your deposit back?


Comments

  • Registered Users, Registered Users 2 Posts: 244 ✭✭Immaculata


    The landlord, ideally, should come over on the day you've left and check the place out. If everything's okay, bar ordinary wear and tear, he or she should transfer the deposit back to you then. So in my opinion, you shouldn't be waiting more than a week.

    After all, you need the deposit so you can use it to secure your next place.


  • Registered Users, Registered Users 2 Posts: 400 ✭✭mickmac76


    Were you present when the landlord did his final inspection and did he have any concerns or comments about the property. It should only take at most 2 working days to get the deposit back if transferring from one Irish bank to another.


  • Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    Immaculata wrote: »
    The landlord, ideally, should come over on the day you've left and check the place out. If everything's okay, bar ordinary wear and tear, he or she should transfer the deposit back to you then. So in my opinion, you shouldn't be waiting more than a week.

    After all, you need the deposit so you can use it to secure your next place.
    This is really giving over expectations to the OP.
    The lanldlord or his agent will need to check the full property afterward, verify with the utilities companies that bills have been paid. Just today I discovered that a tenant that left last week did not close the bills and left a lot of rubbish hidden and I shall have costs to remove his stuff.

    A decent landlord will check every outstanding issue as quickly as possible and return deposit normally within a week.

    "After all, you need the deposit so you can use it to secure your next place." This would be a very big red flag for me if told by a new tenant, it means the tenant has no savings or no financial planning skills (i.e. spends everything he/she earns) and he/she is going to have problems paying rent if he/she is so short on cash.


  • Registered Users, Registered Users 2 Posts: 906 ✭✭✭big syke


    GGTrek wrote: »
    This would be a very big red flag for me if told by a new tenant, it means the tenant has no savings or no financial planning skills (i.e. spends everything he/she earns) and he/she is going to have problems paying rent if he/she is so short on cash.

    Ridiculous point. Hardly a very big red flag that a tenant wants their Deposit back to use for the next tenancy.

    What if they have substantial savings in a 30/60/90 days deposit account?

    I imagine you are a delightful Landlord.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    I don't need it for a deposit on a new place funny the way people assume on here, I moved out wednesday other then 2 walls to be painted the house is prestine, Actually when I moved in it was filthy and walls were disgusting and carpets all they did was clean carpets and I had to decorate myself.

    Also Id like to know whats the usual amount off the top of someones head that usually is needed to be taken out for painting etc?


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  • Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    big syke wrote: »
    GGTrek wrote: »
    This would be a very big red flag for me if told by a new tenant, it means the tenant has no savings or no financial planning skills (i.e. spends everything he/she earns) and he/she is going to have problems paying rent if he/she is so short on cash.

    Ridiculous point. Hardly a very big red flag that a tenant wants their Deposit back to use for the next tenancy.

    What if they have substantial savings in a 30/60/90 days deposit account?

    I imagine you are a delightful Landlord.
    You are moving goal post and making personal comments on me without even knowing me personally. I provided a few business reasons. A tenant with funds like you describe will have no problems in finding the deposit or showing proof.

    Many people do not like to hear how the other side think, there is nothing personal. Most of the decisions are taken with a view to reduce business risk.

    As I said in a previous posts a while ago I am not running a popularity contest in this forum, I am sure your post will be very popular, but it is probably more beneficial to the OP and the other post to hear about the reality of the matter even if it might not be good news.


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


    GGTrek wrote:
    As I said in a previous posts a while ago I am not running a popularity contest in this forum, I am sure your post will be very popular, but it is probably more beneficial to the OP and the other post to hear about the reality of the matter even if it might not be good news.


    I don't understand why the outgoing landlord would be concerned with the tenants ability to save though?


  • Registered Users, Registered Users 2 Posts: 4,634 ✭✭✭FishOnABike


    whattodo1 wrote: »
    I don't need it for a deposit on a new place funny the way people assume on here, I moved out wednesday other then 2 walls to be painted the house is prestine, Actually when I moved in it was filthy and walls were disgusting and carpets all they did was clean carpets and I had to decorate myself.

    Also Id like to know whats the usual amount off the top of someones head that usually is needed to be taken out for painting etc?

    Nothing. Routine maintenance and redecorating is not deductable from your deposit. The deposit is only against damage beyond normal wear and tear.


  • Closed Accounts Posts: 5,368 ✭✭✭Chuchote


    Tenants I know had their ex-landlord keep €500 out of their €1,500 deposit because of 'cobwebs' and 'unkempt garden'. They got most of this back from the landlord by going to the PTRB; in my opinion they should have got it all back, but their landlord talks a good game. The next tenants in the house got all of the deposit back without question…

    OP, I hope you took photos showing the filth of the house when you moved in, in case you have to go to the Board.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    Chuchote wrote: »
    Tenants I know had their ex-landlord keep €500 out of their €1,500 deposit because of 'cobwebs' and 'unkempt garden'. They got most of this back from the landlord by going to the PTRB; in my opinion they should have got it all back, but their landlord talks a good game. The next tenants in the house got all of the deposit back without question…

    OP, I hope you took photos showing the filth of the house when you moved in, in case you have to go to the Board.

    I have them on my laptop its just to find them now, I gave 1,000e deposit if ive to go down the prtb route I will, im probably overracting its just hes notorious for taking it all.


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  • Registered Users, Registered Users 2 Posts: 4,634 ✭✭✭FishOnABike


    whattodo1 wrote: »
    I have them on my laptop its just to find them now, I gave 1,000e deposit if ive to go down the prtb route I will, im probably overracting its just hes notorious for taking it all.
    :eek:
    You should get the full €1000 deposit back. Make sure you take pictures of showing the condition you are returning the property in. From your description you are handing it back in better condition than you found it.

    I wouldn't take any messing from a chancer to seems to look on the deposit as some sort of personal bonus payment.

    Taking any of your deposit other than to cover the cost of damage beyond reasonable wear and tear is theft.


  • Closed Accounts Posts: 473 ✭✭__Alex__


    rawn wrote: »
    I don't understand why the outgoing landlord would be concerned with the tenants ability to save though?

    Yes, that's of no relevance to the return of a deposit.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    :eek:
    You should get the full €1000 deposit back. Make sure you take pictures of showing the condition you are returning the property in. From your description you are handing it back in better condition than you found it.

    I wouldn't take any messing from a chancer to seems to look on the deposit as some sort of personal bonus payment.

    Taking any of your deposit other than to cover the cost of damage beyond reasonable wear and tear is theft.

    Great thanks yes the house is better condition now then the day I was given the keys, I rang again today and was told tomoro yet I was told on thursday id get it monday, so fingers crossed I get it in the morning.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Utilities shouldn't really be an issue if proper meter readings are taken. The LL is not liable for the tenants bills.

    However one needs time to inspect the apartment and get the money transferred back by bank transfer, so I'd consider a week to be reasonable. As for deposit for the new place, all the more reason to move to a security + first and last month's model.


  • Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    GGTrek wrote: »
    I provided a few business reasons. A tenant with funds like you describe will have no problems in finding the deposit or showing proof.

    I agree with you. If I was letting a house to a tenant, would I hold it for them if 'they were just waiting on their deposit from their former landlord'? Absolutely not, as a tenant who so financial short that they can't even pay a month plus deposit as is. If have ever get their hours cut or are sick, they will fall behind on their rent

    IMO renting Ireland will be more like NY in years to come ie you need 3 months rent as a deposit if you have a good credit rating and 6 months if you have poor/no credit. Although that will make renting unsuitable for a lot of people. If you can evict a non-paying tenant for a while, you want to make sure they are finally gone you have a deposit for the rent arrears they clearly wont pay since they left.


  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    newacc2015 wrote: »
    I agree with you. If I was letting a house to a tenant, would I hold it for them if 'they were just waiting on their deposit from their former landlord'? Absolutely not, as a tenant who so financial short that they can't even pay a month plus deposit as is. If have ever get their hours cut or are sick, they will fall behind on their rent

    IMO renting Ireland will be more like NY in years to come ie you need 3 months rent as a deposit if you have a good credit rating and 6 months if you have poor/no credit. Although that will make renting unsuitable for a lot of people. If you can evict a non-paying tenant for a while, you want to make sure they are finally gone you have a deposit for the rent arrears they clearly wont pay since they left.

    Who would hold the deposit in this case? The landlord? Exposes a tenant to a landlord who is in trouble with the bank and won't get their deposit back. in the current climate, any tenant who seeks to do due diligence on a landlord's ability will be met with a "next!". Plus, there's no downside for a landlord at the moment who tries to withhold some of a deposit on tenants not fully aware of rules. If the tenant is aware and threatens to use the RtB all good but a lot of people want a quiet life.

    Dublin and New York? Dublin is a pretty inconsequential capital city of a small country on the periphery of Europe.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    Ive just been on again and got fobbed off once again and was told there was problems, she told me there was a check at the start of the lease and stuff were in the house little things like cushions mats and the werent as I realised as I lived there.........Its like my word against theres now when I know Ive done nothing wrong or taken anything.


  • Registered Users, Registered Users 2 Posts: 906 ✭✭✭big syke


    whattodo1 wrote: »
    Ive just been on again and got fobbed off once again and was told there was problems, she told me there was a check at the start of the lease and stuff were in the house little things like cushions mats and the werent as I realised as I lived there.........Its like my word against theres now when I know Ive done nothing wrong or taken anything.

    What was on the Inventory section of your Lease? This is important in regards to cushions and matts. The onus is on the Landlord to show they were in the property at the beginning of the Tenancy.

    Unfortunately the law in Ireland is very weak in regards to getting the deposit back (for example the deposit should be returned promptly but this is not defined)

    Just look at the difference between Ireland and Germany (I know I am comparing chalk and cheese but it is still interesting)

    http://www.eur.army.mil/21TSC/SJA/LegalAssist/Areas-Real%20Property/Getting%20Back%20German%20Rental%20Security%20Deposits.pdf


  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    whattodo1 wrote: »
    Ive just been on again and got fobbed off once again and was told there was problems, she told me there was a check at the start of the lease and stuff were in the house little things like cushions mats and the werent as I realised as I lived there.........Its like my word against theres now when I know Ive done nothing wrong or taken anything.

    Have you moved out? Provided you don't need a reference or the like, if you believe you've left the place better than you found it and haven't robbed their precious cushions and mats respond saying you want the deposit in your account by Thursday with accompanying proof of transfer or else you will raise a complaint with the RTB.

    Possible the agent has been given the deposit by the landlord and is trying to keep a bit for themselves


  • Registered Users, Registered Users 2 Posts: 4,634 ✭✭✭FishOnABike


    whattodo1 wrote: »
    Ive just been on again and got fobbed off once again and was told there was problems, she told me there was a check at the start of the lease and stuff were in the house little things like cushions mats and the werent as I realised as I lived there.........Its like my word against theres now when I know Ive done nothing wrong or taken anything.
    Was there a written checklist, that was signed by both of you as part of the original lease or is it just her unsupported claims?

    Ask for a written list of what she claims is missing (and copies of the receipts for when they were bought. Receipts should have been kept for several years for tax purposes if claimed as expenses. If they weren't claimed for did they ever exist?

    Compare her list of 'missing' items with your photos from when you moved in. If they are not in your photo's that points to them not being there in the first place.

    Your LL sounds like an amateur who has spent the deposit and is looking for any way to avoid having to return money owed to you. This is why we need a proper escrow deposit system - either an independent body like Australia or escrow account like Germany, especially if the trend is for larger and larger deposits.


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  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    Ive the list yes and we only went through stuff that was broken when I took the house, this is an estate agents that has done this to people before. He told me that electricians were needed in the house.

    Id problems from day one and I told them about this esb networks had to replace the lines oitside of the house and everything and he said he didnt remember.

    Im on my own with 3 small children and I just feel now im being made a fool of im paying for what state the last vile tenants left the house in.

    He even mentioned court and ive done nothing wrong.


  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    whattodo1 wrote: »
    Ive the list yes and we only went through stuff that was broken when I took the house, this is an estate agents that has done this to people before. He told me that electricians were needed in the house.

    Id problems from day one and I told them about this esb networks had to replace the lines oitside of the house and everything and he said he didnt remember.

    Im on my own with 3 small children and I just feel now im being made a fool of im paying for what state the last vile tenants left the house in.

    He even mentioned court and ive done nothing wrong.

    Yeah he'll bring you to court all right straight off the bat and not go to the RTB (said no one ever). This is a scare tactic. Electricians not your problem.

    If it was me I'd send in a dispute to the RTB and send a complaint about the agent to the Property Services Regulatory Authority seeing as they don't want to play ball.

    Contact Threshold would be my advice


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    Browney7 wrote: »
    Yeah he'll bring you to court all right straight off the bat and not go to the RTB (said no one ever). This is a scare tactic. Electricians not your problem.

    If it was me I'd send in a dispute to the RTB and send a complaint about the agent to the Property Services Regulatory Authority seeing as they don't want to play ball.

    Contact Threshold would be my advice
    Will do that thanks.


  • Registered Users, Registered Users 2 Posts: 906 ✭✭✭big syke


    Browney7 wrote: »
    Yeah he'll bring you to court all right straight off the bat and not go to the RTB (said no one ever). This is a scare tactic. Electricians not your problem.

    If it was me I'd send in a dispute to the RTB and send a complaint about the agent to the Property Services Regulatory Authority seeing as they don't want to play ball.

    Contact Threshold would be my advice

    Good advice that I would echo.

    I would send the dispute to the RTB and the complaint about the agent to the Property Services Regulatory Authority by registered post and "CC" the agent also by registered post.

    Hate to see someone in a situation like this by a bully of an estate agent. :(


  • Registered Users, Registered Users 2 Posts: 4,634 ✭✭✭FishOnABike


    Does the LL have an inventory, signed by you at the start of your tenancy, listing the things now claimed as missing. If not I'd play hardball.
    Look for an itemised list of what the LL now claims is missing.
    Look for copies of receipts for each item.
    Compare the photos you have to the itemised list for obvious inconsistencies to show the LL is trying to pull a fast one.
    Take it all the way to the RTB if necessary.


  • Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    whattodo1 wrote: »
    Ive the list yes and we only went through stuff that was broken when I took the house, this is an estate agents that has done this to people before. He told me that electricians were needed in the house.

    Id problems from day one and I told them about this esb networks had to replace the lines oitside of the house and everything and he said he didnt remember.

    Im on my own with 3 small children and I just feel now im being made a fool of im paying for what state the last vile tenants left the house in.

    He even mentioned court and ive done nothing wrong.
    The agent is talking BS and he/she is probably a chancer. Have you got photos of your property before you left? Have you checked your inventory? Electrical wiring outside the house unless he can prove that there was malicious damage (like you ripped off the wiring) there is no chance at all it can be your fault.

    My suggestion is to call the agent again and ask for photos showing the damage and asking how it is possible that you caused the damage and to stop these scare tactics of court because they would be very counterproductive to the landlord and to him. Ask him for photos of the stuff in the inventory that he is claiming it is missing (he/she will have to produce them if she is claiming they are missing), tell him that you would like to settle the matter amicably but you cannot be taken as a fool.

    One suggestion, I know it might sound unfair, but life is always unfair: if the agent is just looking for 50-100 euros of discount from the deposit I strongly suggest you to agree to this and close the matter quickly. For such small sums and you having three children to take care of, it is not worth loosing a big amount of time and stress through legal battles.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    GGTrek wrote: »
    The agent is talking BS and he/she is probably a chancer. Have you got photos of your property before you left? Have you checked your inventory? Electrical wiring outside the house unless he can prove that there was malicious damage (like you ripped off the wiring) there is no chance at all it can be your fault.

    My suggestion is to call the agent again and ask for photos showing the damage and asking how it is possible that you caused the damage and to stop these scare tactics of court because they would be very counterproductive to the landlord and to him. Ask him for photos of the stuff in the inventory that he is claiming it is missing (he/she will have to produce them if she is claiming they are missing), tell him that you would like to settle the matter amicably but you cannot be taken as a fool.

    One suggestion, I know it might sound unfair, but life is always unfair: if the agent is just looking for 50-100 euros of discount from the deposit I strongly suggest you to agree to this and close the matter quickly. For such small sums and you having three children to take care of, it is not worth loosing a big amount of time and stress through legal battles.

    Ill ask them for the photos yes, Ive been talking to him again now hes saying there was blinds upstairs, its actually one thing after another im so upset. Ive got emails off esb for the work and dates also. He also said why didnt I ask for blinds or stuff painted etc which I did I really don't know what they are running im actually suprised they are still a business.

    Yes I will take it if its only that Ive no time or energy but im just disapointed im being treated like a fool. Ive now been told it will be sorted thursday or friday.


  • Registered Users, Registered Users 2 Posts: 4,634 ✭✭✭FishOnABike


    whattodo1 wrote: »
    Ill ask them for the photos yes, Ive been talking to him again now hes saying there was blinds upstairs, its actually one thing after another im so upset. Ive got emails off esb for the work and dates also. He also said why didnt I ask for blinds or stuff painted etc which I did I really don't know what they are running im actually suprised they are still a business.

    Yes I will take it if its only that Ive no time or energy but im just disapointed im being treated like a fool. Ive now been told it will be sorted thursday or friday.
    The LL / agent are contradicting themselves. I would record any calls with them and / or only deal with them in writing.

    Even if you could write off what they are trying to withhold I'd be inclined to complain to the RTB and / or Property Services Regulatory Authority anyway. If previous tenants had complained the LL / agent might not have been as inclined to try it on again and if they did they might be less likely to be believed.


  • Closed Accounts Posts: 5,368 ✭✭✭Chuchote


    whattodo1 wrote: »
    Yes I will take it if its only that Ive no time or energy but im just disapointed im being treated like a fool. Ive now been told it will be sorted thursday or friday.

    If things are as you say, you're entitled to your money back. If the landlord or agent keeps dragging it on, just go to the RTB and let them sort it out; bring the emails and photos and so on (get the photos printed off, not dear) http://www.rtb.ie/


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  • Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Browney7 wrote: »
    Who would hold the deposit in this case? The landlord? Exposes a tenant to a landlord who is in trouble with the bank and won't get their deposit back. in the current climate, any tenant who seeks to do due diligence on a landlord's ability will be met with a "next!". Plus, there's no downside for a landlord at the moment who tries to withhold some of a deposit on tenants not fully aware of rules. If the tenant is aware and threatens to use the RtB all good but a lot of people want a quiet life.

    Dublin and New York? Dublin is a pretty inconsequential capital city of a small country on the periphery of Europe.

    There are third parties like Deposify who will hold the deposit in escrow (ironically they are an Irish company who does a lot of business in the US). So the small chance your landlord goes into receiver is no longer an issue

    I think a massive fine from the RTB is a massive determinant to a LL unfairly withholding a deposit. Plus only 0.15% of all tenancies end in an unfairly withheld deposit, which is a tiny issue. If a tenant doesnt want to go to the RTB as they want a quiet life, I hope it works out of them. But it is no one elses fault but their own if they dont use resources at hand.

    Should I have chosen Omaha, Nebraska or Reno, NV as an example then? The city is irrelevant, the point that sizeable deposits are the norm in most other countries and should be here too.


  • Registered Users, Registered Users 2 Posts: 3,627 ✭✭✭Fol20


    big syke wrote: »
    Ridiculous point. Hardly a very big red flag that a tenant wants their Deposit back to use for the next tenancy.

    What if they have substantial savings in a 30/60/90 days deposit account?

    I imagine you are a delightful Landlord.

    I have to say i completely disagree with what your saying. A landlord is trying to ascertain who are the best candidates for his place and if i heard something like the above, i wouldnt be allowing you in my place at all. The last thing i want is someone who doesnt have the foresight to plan out their financials


  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    newacc2015 wrote: »
    There are third parties like Deposify who will hold the deposit in escrow (ironically they are an Irish company who does a lot of business in the US). So the small chance your landlord goes into receiver is no longer an issue

    I think a massive fine from the RTB is a massive determinant to a LL unfairly withholding a deposit. Plus only 0.15% of all tenancies end in an unfairly withheld deposit, which is a tiny issue. If a tenant doesnt want to go to the RTB as they want a quiet life, I hope it works out of them. But it is no one elses fault but their own if they dont use resources at hand.

    Should I have chosen Omaha, Nebraska or Reno, NV as an example then? The city is irrelevant, the point that sizeable deposits are the norm in most other countries and should be here too.

    So in this case if the tenant was proved right the landlord should have to pay more for causing undue stress on the tenant. So you agree with an escrow system? Most landlords on here don't. Interesting.

    Don't agree that the tenant should be expected to be au fait with the intricacies of tenancy law - the OP in this case thought that painting was deductible from the deposit. Decent landlords wouldn't chance this and will ruin it for everyone else - no difference to bad tenants. More sizable deposits would be reasonable but if the tenant has to jump through hoops to get it back from unscrupulous landlords then that results in poorer outcomes. Interesting that you are advocating the use of the RTB, most landlords on here don't agree with this approach and think you should knock yourself unconscious banging your head off a wall and "negotiate"


  • Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Browney7 wrote: »
    So in this case if the tenant was proved right the landlord should have to pay more for causing undue stress on the tenant. So you agree with an escrow system? Most landlords on here don't. Interesting.

    I would agree with an escrow system if landlords could get deposits of 3-6 months off tenants. Landlords dont agree with escrow as it is being suggested that the RTB will run it. The RTB will make a mess of it like they have with their current system of managing disputes ie months for cases to be heard. I think even a reluctant LL would be happy with 6 months rent in escrow. Don't you?

    There is little use of the RTB managing one month deposits to make it more difficult to reform them
    Browney7 wrote: »
    Don't agree that the tenant should be expected to be au fait with the intricacies of tenancy law - the OP in this case thought that painting was deductible from the deposit. Decent landlords wouldn't chance this and will ruin it for everyone else - no difference to bad tenants.

    It is amazing in 2017 that people dont think anyone should be responsible for knowing their rights or entitlements considering everything is online now... Do people need their hand held with everything now?
    Browney7 wrote: »
    More sizable deposits would be reasonable but if the tenant has to jump through hoops to get it back from unscrupulous landlords then that results in poorer outcomes.

    Hence my suggestion of a third party escrow system. It addresses your concerns.
    Browney7 wrote: »
    Interesting that you are advocating the use of the RTB, most landlords on here don't agree with this approach and think you should knock yourself unconscious banging your head off a wall and "negotiate"

    What is interesting about it? I am advocating the of us it by tenants(and solely tenants), as the purpose of the RTB is often just to protect tenants. The RTB is of little utility for landlords.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    Hi everyone still no deposit, Ive rang emailed everywhere I can now and just waiting to hear from prtb, any more advice I don't know what else I could do?


  • Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    whattodo1 wrote: »
    Hi everyone still no deposit, Ive rang emailed everywhere I can now and just waiting to hear from prtb, any more advice I don't know what else I could do?
    If you do not have much time for the legal battle, ask for an RTB mediation. It is a non confrontational way to deal with the issue and there is no need to attend a hearing. The RTB person doing the mediation will read the paperwork setup a discussion on the phone and try to make your landlord and you reach an agreement.
    Drawbacks: if no agreement is reached then your only legal option left is tough: paying 100eur to RTB and present the issue directly to the RTB tribunal, which is a public hearing where all the details are published and works very much like a regular court. I would not go there without the support of a solicitor.


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  • Registered Users, Registered Users 2 Posts: 32,634 ✭✭✭✭Graces7


    whattodo1 wrote: »
    Ill ask them for the photos yes, Ive been talking to him again now hes saying there was blinds upstairs, its actually one thing after another im so upset. Ive got emails off esb for the work and dates also. He also said why didnt I ask for blinds or stuff painted etc which I did I really don't know what they are running im actually suprised they are still a business.

    Yes I will take it if its only that Ive no time or energy but im just disapointed im being treated like a fool. Ive now been told it will be sorted thursday or friday.

    OP; please call Threshold and let them contact the agent on your behalf? ie act as your advocate and spokeperson.

    I have done this and it takes the stress out of it for you. ALso they are "official" and that may well sort the agent out. Please call them? They helped me with an appalling problem when I moved in here with the agent.

    Like you I was exhausted and could not cope; gave them the details and let them call the agent.


  • Registered Users, Registered Users 2 Posts: 32,634 ✭✭✭✭Graces7


    Fol20 wrote: »
    I have to say i completely disagree with what your saying. A landlord is trying to ascertain who are the best candidates for his place and if i heard something like the above, i wouldnt be allowing you in my place at all. The last thing i want is someone who doesnt have the foresight to plan out their financials

    So what of eg rent allowance tenants? I have always planned ahead myself but on socialwelfare, ie a pension it is not easy by any means. I only manage it as I retained my credit card and seldom use it. Not an issue of foresight or blame?


  • Registered Users, Registered Users 2 Posts: 23,893 ✭✭✭✭ted1


    Immaculata wrote: »
    The landlord, ideally, should come over on the day you've left and check the place out. If everything's okay, bar ordinary wear and tear, he or she should transfer the deposit back to you then. So in my opinion, you shouldn't be waiting more than a week.

    After all, you need the deposit so you can use it to secure your next place.
    No, he should do it once he does his heck and ensures that all bills are paid up as per contract.


  • Registered Users, Registered Users 2 Posts: 20,714 ✭✭✭✭El_Duderino 09


    GGTrek wrote:
    The agent is talking BS and he/she is probably a chancer. Have you got photos of your property before you left? Have you checked your inventory? Electrical wiring outside the house unless he can prove that there was malicious damage (like you ripped off the wiring) there is no chance at all it can be your fault.

    OP could appear to take the opposite apporoach. Instead of trying to play down the threat of court and pay off the estate agent, pretend to take their advice.

    I'd act clueless and like I was entertaining the idea of paying up, and ask for a copy of the receipts for the items in question. Give them some rope to hang themselves. Hopefully they'll get gredy and do something blatently illegal (say they don't have receipts or try to charge a crazy amount for repairs without any evidence, exaggerate the damage to do etching you can prove is false with your pictures)

    Then email something to the effect that your not an expert in the law do the best thing to do is let the experts sort it out. Draft an email for RTB and the estate agents body and propose sending that along with the email chain of the conversation with the EA. Ask if there is anything missing from the evidence trail and propose a date to send it to the bodies above (e.g. this day next week). If you haven't heard from them by then, you'll assume they're happy to proceed and let the experts sort it out.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭CruelCoin


    rawn wrote: »
    I don't understand why the outgoing landlord would be concerned with the tenants ability to save though?

    "if told by a new tenant,"

    I think you misread his post.

    This is a big-red for me also. "Hey dude, i'm hand to mouth, but i'm totally cool for being on time with my rent"......

    It's a business call, and that sounds like the kind of customer you give a pro-forma to.


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  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭CruelCoin


    Utilities shouldn't really be an issue if proper meter readings are taken. The LL is not liable for the tenants bills.

    Yup. Same goes when you're buying a home. Utility liabilities lie with the previous owner.


  • Registered Users, Registered Users 2 Posts: 23,893 ✭✭✭✭ted1


    CruelCoin wrote: »
    Yup. Same goes when you're buying a home. Utility liabilities lie with the previous owner.

    Most leases state that the tenant must pay all bills due. The landlord needs to ensure that the terms of the contract are meet before returning the deposit


  • Closed Accounts Posts: 312 ✭✭Boater123


    Utilities shouldn't really be an issue if proper meter readings are taken. The LL is not liable for the tenants bills.
    .

    I agree that if the tenant has done what they are supposed to do, such as give sufficient notice and closed accounts properly etc, then the LL should do what they are supposed to do and return the deposit promptly as prescribed by law. Such a tenant should not have to wait more than a few days for it.

    But here is a little story, cut short as I can:

    Old tenant had put the electricity into Bord Gáis during their tenancy as is their right but was done without my knowledge. When tenancy was up BG wouldn't let old tenant sign off the account until LL signed on.

    I didn't want to have dealings with BG but rationalized that new tenant was signing on soon so what did it matter.

    New tenant moved in a few weeks later, tried to sign them up with BG when he moved in but BG needed details he had not to hand on the moving in day. It was over a week later when BG would confirm that a/c was no longer in my name, but would give no other details as a/c was now in somebody else's name.

    I won't go in to any detail so as not to derail, but tenant was a <snip> , and was there a total of about 5 weeks, left of his own accord.

    About two weeks before he left he closed his a/c with BG, and instead of BG getting me to sign back on, BG accepted this and the false reading he gave them. They also had accepted the false reading, and date he gave them from when he moved in. Sticking me with the majority of his electricity usage, along with many other things.

    So now as is my right, I will ensure all accounts for services to the property are in order before returning a deposit, so as not to be stuck again (or to have the headache of dealing with the likes of a nightmare company like BG).


  • Registered Users, Registered Users 2 Posts: 3,627 ✭✭✭Fol20


    Graces7 wrote: »
    So what of eg rent allowance tenants? I have always planned ahead myself but on socialwelfare, ie a pension it is not easy by any means. I only manage it as I retained my credit card and seldom use it. Not an issue of foresight or blame?

    What i would say is like doing an interview you want to put your best foot forward and if there are several candidates for the same place, i will always try and pick the best and most suitable candidate.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    Hi everyone I got in contact with threshold and they advised me to ring once more about my deposit, Ive done that this morning and I was told they were waiting for electritians to come back about stuff he had done, now when I moved in they had to send one out to me because there was major faults and esb networks had repaired lines outside the propery.

    Can the estate agents charge me for eleectrical work?


  • Registered Users, Registered Users 2 Posts: 4,634 ✭✭✭FishOnABike


    You can only be charged for making good damage you cause. You cannot be charged for the LL upgrading the electrical supply or fixing faults which were there when you moved in.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    You can only be charged for making good damage you cause. You cannot be charged for the LL upgrading the electrical supply or fixing faults which were there when you moved in.

    Ok thanks.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    Got my deposit back today the landlord went through the photos of the way it was when I got it and the way I left it he was satisfied I left it perfect and looked after the house, all that was taken was money for a microwave that had stopped working so happy days, thanks to everyone for your advice and help really appretiated it.


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Fair enough you're happy but if it was me and I hadn't mistreated the microwave I'd dispute that.


  • Registered Users, Registered Users 2 Posts: 90 ✭✭whattodo1


    TheChizler wrote: »
    Fair enough you're happy but if it was me and I hadn't mistreated the microwave I'd dispute that.

    Ive been trying to get my deposit back for 2 weeks and to be honest I was so exhausted trying to explain stuff that had gone wrong with the property, glad to take it and just cut ties and move on.


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