My previous unregistered landlord won't return my deposit.

job seeker · 20-08-2022 12:34PM #1

Hi all, so I stopped renting from my landlord last July and give 2 weeks' notice. On my last day when I was moving out. The landlord asked me to leave the keys behind me. Which I shouldn't have done, I trusted him though which was a big mistake. I got busy with my new job so I forgot about my deposit for a couple of weeks. In the last two weeks I have been texting him ad last week he said he was going away, so he wasn't free to meet me. Then last weekend he said he got held up with work and he agreed to meet me this weekend. I have text him last night asking when suits to meet him and I have gotten no reply. He isn't registered and is avoiding tax. Not sure if this is relevant or not. I also have a tread of text messages as proof of this.

It's only 280, although I would prefer that to be in my own pocket as opposed to his. Any advice is appreciated. Not looking for legal advice, just looking for who I should get in contact with next. Should I send him a formal letter of sorts? I am kinda lost now.

job seeker · 20-08-2022 12:40PM

Just seen the following, so I might try this:

"If your landlord is refusing to return your deposit and you believe you are entitled to it, you should request the return of the deposit in writing. If your landlord claims there are outstanding rent or bills in your name or there has been damage to the property, you should request documentary evidence from your landlord to back up these claims.

You may make a complaint to the Residential Tenancies Board if you are still not successful in securing the return of your deposit."

https://spunout.ie/life/accommodation/problems-during-your-tenancy

Dial Hard · 20-08-2022 12:41PM

I take it from the tiny size of the deposit that this was a licensee agreement rather than an actual tenancy?

kyote00 · 20-08-2022 12:50PM

280€ is very small. So if there was anything damaged or worn beyond normal usage that he/she repaired then it would easily consume the 280€

even getting a house deep clean done is about 250€

ask him/her why the deposit is not returned yet

job seeker · 20-08-2022 12:57PM

https://www.boards.ie/discussion/comment/119497509#Comment_119497509

It was a tendency as far as I was concerned. I paid my weekly rent of 70 euros each month. He had no rental book or contract, I was desperate at the time to rent somewhere which was cheap. The fact that it was of such value was that he was unregistered and still is as far as I know. Maybe in the eyes of the law, it was more of a licencee agreement. I don't know much about that.

dennyk · 20-08-2022 12:59PM

Doesn't matter if he's registered or paying taxes, you can still file a dispute with the RTB about his failure to return your deposit. It may take some time, but you'll likely get it back eventually.

As a completely separate matter, you can report your suspicions about your landlord's tax evasion to Revenue.

Don't try to use your knowledge of his tax evasion or failure to register your tenancy as leverage to try to get him to return your deposit; that could be considered extortion.

Dial Hard · 20-08-2022 01:00PM

Were you renting a room in a house? Did the landlord live there? 280 quid a month is absolute buttons so I'm just trying to figure out the dynamic here. I pay more than twice that to live at home with my parents, like.

Whether it was a tenancy or licensee agreement will affect what (if any) recourse you have.

job seeker · 20-08-2022 01:01PM

https://www.boards.ie/discussion/comment/119497528#Comment_119497528

To me, it's something that I could use for shopping or desiel

The reason it was small is that that was the cost of my rent for the month and he asked for that upfront.

I have a letter typed out that I can post on Monday. I know he still collects the post from where I rented and resides elsewhere. I haven't actually asked him why he won't return it through text yet as he doesn't appear to be returning my texts..

dennyk · 20-08-2022 01:03PM

https://www.boards.ie/discussion/comment/119497563#Comment_119497563

Were you sharing a house with your landlord? If so, that would be a license agreement, not a tenancy, and unfortunately the RTB won't be able to help in that case. You could file a small claims case against your landlord for the deposit, however.

License arrangements don't need to be registered with the RTB, and if he takes in less than €14k a year in rent from lodgers in his own house, he may not have to actually pay any tax if he avails of the Rent-a-Room relief, though he would still have to report that income.

The Mighty Quinn · 20-08-2022 01:05PM

I think people are asking what you were renting for that money. It's like a room in a shared house rate from a decade ago.

Were you sharing with many others etc.

job seeker · 20-08-2022 01:09PM

https://www.boards.ie/discussion/comment/119497576#Comment_119497576

I understand. I was just pointing out that with no rent book or contract perhaps I may not get my money back as legally it may not be seen as renting. Although I don't know much about this.

It was a room. The tenant didn't live there. I lived with two others. I didn't receive any receipts or sign a contract etc. I was there for a period of 2 years. I started renting in about 2019 and I left this year. He did text me one day a number of months ago to inform me that he was raising the rent. Fair enough I was on a min wage job at that point though and I replied I was going to move out as I couldn't afford this increase. He then called me and said that he wasn't going to raise the rent and that it was fine. So I stayed. I believe the reason that he wasn't looking for much was that it was a box room and it was terrible living conditions with mould etc. Also that he was unregistered and did not pay tax.

job seeker · 20-08-2022 01:12PM

https://www.boards.ie/discussion/comment/119497589#Comment_119497589

I shared with 2 other males. The landlord did not live there, although he was receiving his post there.

20-08-2022 01:12PM

How could you possibly know he didn't pay tax?

Seems like you weren't concerned when agreeing to lease.

job seeker · 20-08-2022 01:14PM

https://www.boards.ie/discussion/comment/119497599#Comment_119497599

Yes, correct. It was good value although, the rent reflected the conditions. There was mould in the room and it was a box room. This was 2019 and the house was based in Sligo.

I shared with 2 other males and rented the room so it was a house share situation.

job seeker · 20-08-2022 01:18PM

https://www.boards.ie/discussion/comment/119497636#Comment_119497636

He only accepted cash. I asked if he wanted me to lodge the money in his account and he wouldn't accept it to be paid that way. I also came to this conclusion as the rent of 280 per month plus tax deductions would leave him with very little at the end of the day.

edit: That is irrelevant now.

My previous unregistered landlord won't return my deposit.

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