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Is the letting agent up to no good?

[Deleted User]

I moved into my current place in March 2021.

Fast forward to March 2022, and I contact the letting agent about renewing for another year.

He asked whether I would be happy with a 4% increase in rent. I emailed back saying that "isn't the legal maximum for my zone 2%"? He said, "I'll get back to you". He did, and agreed to the 2% - and I'm okay with that. The fact he wanted to scam a 4% hike, when he clearly must know the new laws on this matter, started to make me suspicious about what else he might try to get away with.

He asked me to set up a standing order, and that too I've done.

Two days later, I ask for a contract or memorandum of understanding about the new terms etc., so I have some legal security about things.

Almost one week later, and no response.

My fear is that he, for some reason, wants just to bob along without a contract - and somehow argue that he can take the deposit (which is worth 2,200 euros). Alternatively, he could legally argue that I could just be kicked out whenever he chooses, as I've no certainty or backup.

So is the letting agent up to no good, and should I be concerned about not having a contract, and whether my deposit can just be unilaterally taken by him.

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[Deleted User]

https://www.boards.ie/discussion/comment/118860405#Comment_118860405

So you are suggesting just saying to the letting agent, "Take the deposit for last month's rent", and that's it?

What if, contractually, you have other obligations? For instance, in my contract, there is a 175 euro demand to pay for rubbish removal. But if the last month's rent is paid for the deposit, is this essentially included?

I don't know the answer to this, but after what the letting agent has done thus far, I'm really unsure about the best course of action.

It's quite clear that he cannot be trusted.

meijin

eh, what? 🙄 rubbish removal? what rubbish?

this doesn't seem like a legal fee that they can ask

do you have more fees listed there?

[Deleted User]

https://www.boards.ie/discussion/comment/118863555#Comment_118863555

That's the only direct one stated (see below).

Other charges tend to be related to any damages done to the property etc.

L1011

I would ask for receipts for those bin charges.

As I'd be quite confident they don't exist (they would be part of their overall management fees to the OMC).

Anyway, the "use the deposit as the last months rent" thing is not something I can advise in any situation as it would go against you if there was a further dispute - it is seen as non payment of rent. Also, the deposit won't cover the last months rent if there have been increases in rent since anyway!

[Deleted User]

https://www.boards.ie/discussion/comment/118863598#Comment_118863598

That's what I don't get. Can't the letting agent just say whatever they want (and charge whatever they want) in the contract?

If I agreed to it, it's on me.

Or perhaps again, I'm missing something.

L1011

https://www.boards.ie/discussion/comment/118863604#Comment_118863604

Made up charges would probably be seen as the RTB as a method of trying to work around rent increase rules; its not something that's been done a lot yet so there won't be many RTB decisions to go on to see how it's working out in reality. So nothing can really be said in confidence here; but asking for receipts for the waste disposal might stop them pushing it - they won't have any. Deposit deductions for everything else requires proof of expenditure.

Unfair contract elements basically don't exist; you can't sign away rights.

[Deleted User]

https://www.boards.ie/discussion/comment/118863617#Comment_118863617

The problem (and stress) I'm having these days about this issue is the end game.

The letting agent has, in email form, issued a statement about a 4% rent increase (which is actually more like 4.5%) - then backtracked to 2% when I raised an issue. Even this 2% increase is not viable because of the 90-day notice rule I only learned about thanks to contributors to this thread. Clearly, the letting agent has attempted and succeeded at scamming me.

Now, I don't know what to do. Presumably, we are seeing all sorts of attempts to take more money. I still don't understand why, if I agree to paying 175 euros for rubbish removal, that this is somehow improper? Why is it improper? Perhaps it is, and perhaps I'm a naïve fool (which is highly likely), but what right do I have to say a letting agent cannot charge me 175 euros for rubbish removal if it's stated in the contract?

And moreover, what steps should I take now? Should I confront the letting agent - in which case, he may issue a formal rent review and I may end up paying more than I'm paying now, or should I just accept this 45 euro increase and prevent any escalation of the case?

In terms of the deposit, should I make moves now by complaining - or would this increase the risk of the letting agent making dodgy moves to keep said deposit?

I'm just unsure what the best path to follow is. Any clarification offered here is very, very, very, much appreciated.

L1011

What I'd do:

If you want to challenge the 90 days and save ~135 at the expense of the rent calculation being slightly higher - well, work out if that makes any sense money wise, I don't feel like getting a calculator out!

Don't bother complaining about the other stuff right now - it will only cause trouble.

When you do leave, give the proper notice (unless the contract offers you less, in which case you can give that), and expect a proper fight to get your deposit back. Demand receipts for every deduction they think of, and prepare to go to the RTB. Definitely don't rely on having that deposit as a deposit for somewhere new.

Someone that puts clauses like the ones you've shown in a contract sounds like they wouldn't even defend a RTB case, or would bluster and lose.

[Deleted User]

https://www.boards.ie/discussion/comment/118863657#Comment_118863657

Do you mind if I ask why you believe the deposit is something that could be genuinely contested?

We're talking 2,195 euros, so this isn't a small amount (to me at least).

L1011

https://www.boards.ie/discussion/comment/118863665#Comment_118863665

Because the agent (or, possibly, the landlord) sounds dodgy as hell and has already come up with one very spurious "deduction" along with other definitely illegal contract clauses.

Diemos

https://www.boards.ie/discussion/comment/118863481#Comment_118863481

Why are you trying to be on the high road with someone who is obviously a crook? They've shown you zero respect and are taking the pi$$ in their treatment of you. If I was in your shoes, I'd be seriously pi$$ed and remove myself from these guys asap. Contrary to the narrative being spun on facebook, there are plenty of decent landlords and estate agents. I've ended a tenancy in the past, even though the apartment was lovely and cheaper than average because the estate agent was a fool, the cost saving just wasn't worth the headache.

You refer to yourself as naive on a later post, you've been given a lot of great advice on here. I don't understand why you are insisting on making things more difficult for yourself.

As a side note, I've never heard of bin charges with an apartment, they've always been part of the landlord's management fees. But I could be wrong.

Best of luck with whatever you decide.

[Deleted User]

https://www.boards.ie/discussion/comment/118881711#Comment_118881711

Clearly, he's a crook.

If the 175 euro bin charges are in fact illegal, I'm looking into the matter - and who to contact, to report this to, for maximum possible damage. There are 33 apartments in this block alone, so that means he's amassing at least 5,775 euros - and there are 6 blocks in total. So we are talking around 30,000 euros worth of scam from this alone. And that's just for one year. Who knows how long this has been going on for.

Also, I have email evidence of the 4% increase scam - and I'll wield this to my advantage if he even attempts to keep my deposit for some spurious reason.

So there's no much point in me raising hell at the moment. I'm definitely taking the matter on, but will do so in a measured way that ensures he is punished for his actions.

[Deleted User]

By the way, does anyone know why it's acceptable for a letting agent to commit these egregious acts, and not face punishment for it?

Why are they allowed to be given free reign to even attempt to get away with this kind of thing?

Caranica

https://www.boards.ie/discussion/comment/118891469#Comment_118891469

Because nobody knows until you report them. Reporting them now will remove the upper hand.

[Deleted User]

https://www.boards.ie/discussion/comment/118891551#Comment_118891551

But will the letting agent actually face real and meaningful consequences?

Or is it just a slap on the wrist?

Caranica

Could affect their registration going forward if it's found to be widespread so that could really hurt

[Deleted User]

https://www.boards.ie/discussion/comment/118891718#Comment_118891718

Okay, well I hope so.

I'm formulating a plan of action as we speak.

My concern is that if his actions aren't considered "illegal" in the criminal sense of the word, then he can mouth his way out of the problem - even if he has scammed thousands of euros out of other tenants (regarding the bin fees alone, for example).

If he is scamming people to the tune of 30,000 euros in my entire block alone, and goodness knows how much he is hoovering up over everything he is 'managing', then why is this allowed?

Even you say that his registration may be affected.

This man could be accountable for scamming hundreds of thousands of euros over many years, and that's all he could face?