Entitled to Deposit Back?

boardsie08

Ok, kinda a tricky situation here...

A friend of mine verbally agreed to rent a room from the landlord and that night he paid him E400 Deposit. Nothing was signed. He handed over the money, got a receipt and was supposed to call back the next day to collect the key, sign contracts etc..

Now the next day he got offered a job in another part of the country and he wants to take the job, so straight after the call he rang the landlord to tell him he wouldn't be taking the room afterall. He handed back they key that day, didn't get deposit back.

Now apparently the Deposit was supposed to be for wear and tear, damages, overdue bills, in lieu of rent etc.. Well this is according to my friend anyhow.

He rang the landlord to get his Deposit back seeing as he hadn't moved anything in, hadn't been in the room at all etc.. Landlord then ignored calls, switched off phone etc...

My friend rings later on from my phone, and with the different unknown number, surprise surprise the landlord answers after having avoided my friends calls all day.

He flat out refuses to refund any of the deposit. My friend rang Threshold - where he was advised he was entitled to ALL of his deposit back, the only thing the landlord could keep would be around E10 in advertising fees.

We found out where the landlord lived, called to his house that night armed with the news from Threshold, he didn't budge though even after my friend offered him a weeks rent of E100 even though Threshold told him all the landlord was due was advertising fees.

Now who is right or wrong?

Tbh, I'm leaning on the side of the landlord.. Once you give someone a deposit and if you change your mind or something crops up, then that's it, you can kiss your money goodbye.

I've tried explaining this to my friend, he won't listen however. I was VERY surprised to hear even Threshold say that the landlord wasn't entitled to anything except advertising costs. I thought a weeks rent would be a good compromise for both, but the landlord is sticking to his guns now and keeping the E400.

My friend reckons that Threshold will get it back for him - I'm doubtful however, I mean they can try ringing him, but what's to stop him ignoring their calls, and they can send a few solicitors letters, but for just E400 and given the type of person he's coming across as, there's no doubt in my mind those will be discarded to the bin.

My friend reckons they'll bring him to the Small Claims court on his behalf - would they for such a small sum? Do Threshold get involved that much when problems arise between landlords and tenants or are they much good at all?

Now, I'm on the fence about this.. I do think the landlords entitled to *some* of the deposit - he took the room off the market for him, albeit one night, but on the otherhand I can see where my friend is coming from too.

I've been both the landlord and the tenant so I don't think I'm being particularly biased in anyway.

Just curious for some outsiders thoughts, opinions and feedback on this scenario, and what do you reckon threshold will do (if anything at all) ?

If you were the landlord would you:

* Return the Deposit in full minus advertising fees.

* Keep the entire E400.

*Keep a weeks rent, return the rest.

karen3212

My opinion, I too have let out part of my house for a time and also have been a tenant.

If the landlord found out quite quickly after your friend took the house/room then all the phonecalls from advertising should still be coming in. Actually I can't see the landlord losing out at all in the situation you described. I think the landlord is an ass, and thinks your friend will simply give up and yay he gets 400 euro for nothing.

If it was me or my friend, I would go all the way legally etc and get all the money back. (minus the pittance the landlord is losing)

Some landlords are extrememly greedy. I think some agencies like Threshold, just want to stop that kind of thing happening but find very few people willing to stand up to landlords. I have no personal experience of Threshold myself though.

boardsie08

Yeah the landlord isn't budging so I think it's going to go the legal route now.. As you said, it's handy money for the Landlord, E400 for essentially nothing..

Also, whilst I didn't see the room apparently it was filthy, carpets filthy, toilet seat broken, bed sagging in the middle etc.. however it's my friends first time renting, so like a fool he took the first place he saw in a rush.. I don't think he should have given back the keys to the landlord without sorting out the deposit first either, but what can ya do eh!

On saying that however, the landlord didn't put a gun to his head to take the room, he took it of his own free will, and knew exactly what sort of condition it was in when he paid up, so backtracking on the point isn't gonna help.

It'll be interesting to see what outcome will come of this situation either way..

Victor

It would probably go to the PRTB, not the Small Claims Court.

www.prtb.ie

Ginger

I had a tenant move out after 2 weeks because she got a new job, so what I did is she paid for her 2 weeks rent and i gave her back the rest of the month. Then once bills for the 2 weeks were sorted out she got the difference back (she left a bond so i repaid the deposit back the next morning)

Another one gave me 2 days notice after been there for 6 months. That was a bit annoying, but he has since paid the bills so i repaid the deposit less rent due and damages (small few things broken)

That landlord is being a richard! No need to do that, he can rent it out as quickly. Hate to see that..

punchestown

Landlord is being a greedy prick!

BostonB

I'd go the legal route too. I'd also keep the pressure on the landlord. See when hes go viewing going on and keep turning up.