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On a lease but never signed anything

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  • 06-09-2006 9:26pm
    #1
    Shamo
    Registered Users Posts: 802 ✭✭✭


    Been living in a flat in harolds cross for the last 6 months while on work experience and now i'm heading back to college so told the landlord i'll be moving out soon. Well he isn't actually the landlord, he deals with the money side of things and contacting the tenants but doesn't own the house (5 flats in it).

    When I moved in, I just got this guy's number from one of the people living in the house, rang him, put the deposit and rent into his account and it's been fine. Didn't sign anything since I moved.

    He called around today, and I mentioned about the deposit when I move out, says tenants have to be staying in the house 12 months at least before they get the deposit because it's a lease, but I never (or any of the current tenants) signed anything that resembles a lease.

    By the way it's been like that a while, where one person leaves, it's up to the rest of the flat to get another person in, put the money in the account and that's it... no explaining about a lease or anything.

    Am I able to do anything about this?


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    #2
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    It sounds to me like you are entitled to your money.

    Give notice properly, in writing, and make sure you have given the proper period of notice in accordance with the legislation. You can find out about it at http://www.prtb.ie/.

    Remind him that you want your deposit back.

    If he rings you again with this nonsense, or if he doesn't pay back when you leave, tell him you are going to write to the PRTB and get your deposit back that way.

    I have no experience with the PRTB myself, so I don't know how long this will take.


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    #3
    Sleipnir
    Registered Users Posts: 5,514 ✭✭✭Sleipnir


    Ask him for a copy of the lease.


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    #4
    po0k
    Registered Users Posts: 15,815 ✭✭✭✭po0k


    Did you check if he/whoever he represents was a registered landlord?


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    #5
    Shamo
    Registered Users Posts: 802 ✭✭✭Shamo


    Haven't checked anything yet since he just decided to tell me about the "lease" today. Said he's going to check with the landlord about the 12 month period tomorrow so I'll know then and follow it up with asking for the lease and landlord's details.


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    #6
    piraka
    Closed Accounts Posts: 353 ✭✭piraka


    Its worth talking to the PRTB an/or Threshold.

    http://www.daft.ie/content/residential_tenancies_act_2004.daft

    http://www.oireachtas.ie/documents/bills28/acts/2004/a2704.pdf


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    #7
    bullrunner
    Closed Accounts Posts: 383 ✭✭bullrunner


    Was this 12 month period ever mentioned to you when you moved in? If not then (and assuming there is no lease with your signature on it) he has absolutely no grounds for withholding your deposit. Make sure you take pictures of the flat prior to leaving so that he cannot say he is withholding it for damages/repairs to the flat


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    #8
    Shamo
    Registered Users Posts: 802 ✭✭✭Shamo


    Was never mentioned to me, just put the money in and that's it. I rang the employee of the landlord again today and he said the landlord will have to check up on it and he'll know tomorrow.
    Told him over the phone that he has no grounds for this etc so hopefully the landlord will cop on. I'll know tomorrow anyway (hopefully).


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