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Obligation to return deposit if tenant moving out without notice



  • Registered Users Posts: 454 ✭✭ The DayDream

    FYI a LL tried this with me when I was in college, tried to withold the entire deposit for 'cleaning fees'. When we had scrubbed the place through and through including the oven which was minging when we got there. When we put down an area rug to cover a pre existing stain on the ancient carpeting, the landlord tried to say that stain was never there when we moved in... He never saw it because we covered it with our own rug!

    Went to court got it all back plus 1200 quid for my troubles. And he was put on a list in the student union of 'dodgy landlords to avoid'.

    And that was the 3rd landlord in a row tried to keep either all or a portion of a deposit for some BS reason. After that I never paid the last months rent anywhere or bothered trying to clean the place when I left.

    I've met more sound guards than I have sound landlords and that's saying something.

  • Registered Users Posts: 32,636 ✭✭✭✭ Graces7

    Makes me so sad. I had all this with some landlords. "left the place dirty"... when I had taken uo the rug in ine room to find a thick layer of filth... and when there had been flooding due to his negligence and thrree inches of water in the main room.. and I had scrubbed the cupboards out. that I had left the place dirty...

    VERY glad to be with the council now

  • Registered Users Posts: 22,020 ✭✭✭✭ ted1

    When you say you keep a room there, that

    means nothing with regard rent a room relief. Unless you are living there and it’s your PPR then you are liable for tax

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  • Registered Users Posts: 1 MrsTeaDrinker09

    Do you have a written and signed contract? If not, they're a licensee and you are required to give them their money back. If the student has been in consultation with threshold, they are already ahead of you and are aware of their rights. Return the money.

    Furthermore, I hope you have them signed up on the RTB so they can claim their tax back. Don't try steal money from students when you're in a privileged position to be able to rent rooms.

  • Registered Users Posts: 22 _H80_GHT

    I'd like to offer the OP some advice. I advise you not to steal money from students. It may sound crazy but give them back their own money. Some people might view you as a thief. Crazy, I know.

  • Registered Users Posts: 316 ✭✭ Exiled1

    Yours is appalling behaviour. Give them back THEIR money.

  • Registered Users Posts: 9,400 ✭✭✭ Caranica

    This isn't a straight forward let, the OP has posted about issues before.

  • Registered Users Posts: 1,070 ✭✭✭ walterking

    So you are renting under rent a room rules and getting tax free rent and despite these people not bothering you about your tax evasion and your substantial profitable rent, you want to keep their deposit too after it was your suggestion that they could leave early.

    If this gets investigated someone will cop on about your tax evasion and the deposit will be the least you will be worried about.

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  • Registered Users Posts: 5 CrazyEric

    I have to be missing something in this...…

    The tenant and Landlord agreed to rent until June, As the tenant is a student, it would probably suit him/her to leave in April, but probably had to take the room till June because it was the only way to get accommodation for the school year.

    Landlord proposes to allow tenant to finish rental in April with no loss of deposit as Landlords circumstances have changed but June still works for Landlord.

    Tenant proposes leaving now with no loss of deposit and Landlord feels aggrieved because they will lose February, March and April rent so proposes keeping half deposit

    I am not a Landlord but cannot understand why there is so much hate for this Landlord..... it seems reasonable to me..... it is a business negotiation, nothing more or less.

    Can a tenant just up and leave whenever they feel like it regardless of contract???

  • Registered Users Posts: 11,983 ✭✭✭✭ Dav010

    Op posted that no tax relief is being claimed.

    ”There is no rent a room relief is noy my partner. I rent out 2 rooms.”

    Op, it is highly questionable whether a licensee relationship exists as you do not seem to live there, the person/people renting could claim to be tenants and your problems would get exponentially worse if they refuse to leave. So best to pay back the deposit in full, put your house on the market now and move on. Tenants/licensees leaving early is far preferable to them leaving late.

  • Registered Users Posts: 518 ✭✭✭ squidgainz

    And this is the reason why a lot of renters do not pay their last month's rent. The safest way to go.

  • Registered Users Posts: 11,983 ✭✭✭✭ Dav010

    Also the reason why it is so important to get a reference from/speak to previous landlords.

  • Registered Users Posts: 518 ✭✭✭ squidgainz

    Why would renters pay their last month's rent if they know they haven't damaged the property , just way too risky. Although if they've had a landlord that has been a good communicator, quickly fixing things etc then it's probably safe enough to pay it and wait for your deposit.

  • Registered Users Posts: 11,983 ✭✭✭✭ Dav010

    • Legally required to.

    • No hope of getting a reference, which can hinder getting a new rental in a market where demand outstrips supply.

    • Tenants may not want to recognise or admit they have in fact caused damage to the property so the LL may be justified in retaining part or all of the deposit. The tenant has the option of raising a dispute with the RTB to recover the deposit, the licensee can go to the SCC, so there is a better than average chance that the deposit will be recovered. If you haven’t paid your last months rent, the advantage shifts to the LL who can raise a dispute in the RTB If a prospective LL sees that, a suspected murderer has a better chance of getting a new rental.

  • Registered Users Posts: 518 ✭✭✭ squidgainz

    References are frequently made up . My advice to all you renter's out there would be to leave your deposit as last month's rent. By far the safest option as we can see from this thread.

  • Registered Users Posts: 11,983 ✭✭✭✭ Dav010

    Your advice is to act contrary to tenancy legislation, that is never good nor smart advice.

    Only idiot LL’s don’t check references by contacting the previous LL, only an idiot would think that someone couldn’t spot a bluffer when they ask about renting.

  • Registered Users Posts: 36 just_a_gurl

    exclusive occupation is a vital component of any tenancy, unless the students can demonstrate that they either collectively or independently had dominion over who could & could not enter the house, including the right to exclude the op, then they do not have a tenancy.

    This is a well known & well debated issue with regard to house share arrangements.

  • Registered Users Posts: 24,484 ✭✭✭✭ Mrs OBumble

    Well I am a landlord ( and also a tenant) - and I firmly believe the LL should give the full deposit back subject to no damage and rent paid for the time the tenants were there).

    Because there is a big power imbalance between tenant and landlord. Because getting properties back is difficult at the moment. And because not giving it back gives landlords a bad name.

    I've never like people having overlapping rentals. IMHO it's very unfair to have to pay for two places at once.

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  • Registered Users Posts: 518 ✭✭✭ squidgainz

    My advice won't have you out of pocket. Landlords keeping deposits will. Some renter's would need that deposit money. Safe and easy option, to guarantee getting it back.

  • Registered Users Posts: 9,400 ✭✭✭ Caranica

  • Registered Users Posts: 518 ✭✭✭ squidgainz

    And withholding deposits for no reason? I don't think it's illegal anyway , you have paid your month's rent by forgoing your deposit. It's very effective.

  • Registered Users Posts: 11,983 ✭✭✭✭ Dav010

    When you elect to not pay your last months rent, you are pre-empting any decision to withhold a deposit, even if there is a legitimate reason for it being withheld. Payment of rent during a tenancy is a legal requirement under the RTA.

    If the LL withholds the deposit, a tenant has the option of taking a case to the RTB for its return, or if they are licensees, to the Small Claims Court.

    The above relates to the legality of what you are advocating, from the perspective of securing future accommodation, a LL would be a complete idiot to rent to someone who hasn’t paid rent, hence why it is always wise to talk to previous LL and check the RTB site for the tenants name in any dispute.

  • Registered Users Posts: 518 ✭✭✭ squidgainz

  • Registered Users Posts: 11,983 ✭✭✭✭ Dav010

    You are missing the legislation related to rent payment and deposits. That makes two of us.

  • Registered Users Posts: 680 ✭✭✭ Hannaho

    Thanks everyone for comments. Actually I a am not a rich landlord, but a single parent who bought the house in 1993 for 37.5k. I don't live in the house, but my children do. I fund their education through letting rooms out for 8/9 months of the year, so when a tenant gives only a weeks' notice, this makes balancing the books difficult for me, as I then have to do overtime at work to replace the lost money. All tax on the property is declared. Last year I paid a total of 750 tax on 7k income from the house as I was able to claim for payment of electricity, gas, insurance and repairs as I pay these on behalf of my children and the tenant. There is one room free which I don't rent. Both my children will be finished college in two years, and then I will never need to rent rooms again, and will never do so. The property can then lie vacant until I retire and need it for pension purposes.

  • Registered Users Posts: 9,400 ✭✭✭ Caranica

    I thought your children had moved into another house, the one with the mice issue?

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  • Moderators, Category Moderators, Arts Moderators, Entertainment Moderators Posts: 20,475 CMod ✭✭✭✭ amdublin

    Omg. Just give them back their deposit. Ffs.

    You sound like Padraig Flynn on the Late Late Show