Major Problem with Rental Agency and Deposit

Roddy23

Ok, this might be a long post, so apologies in advance. We moved out last Monday from a rented apartment in Rathfarnham. We had a 6 month lease, and had decided that we would not renew, so this was ok. The initial deposit was 1900€, between three of us.

A week on, and we have still not received the deposit, this is after numerous phone calls, and texts to the lady who was "looking after us" in the rental agency. Now there was a bit of confusion regarding the final day moving out, as it had been agreed to meet her there, that morning, to make sure everything was satisfactory, but two of the lads had cancelled, and this was relayed onto herself. She replied to tell us to leave all the keys on the table, and forwarding addresses, as she would do the inspection on her own. I however was there that morning, and was hoping to meet her there. But she never turned up.

Now I will admit that on leaving the apartment that morning, that the floor in the kitchen and the downstairs bathroom, could've done with a good mopping, but I didn't have the time, as I was due in work. So that was that. Fast forward to this week, and us waiting around thinking, that our deposits would be in the door anyday by post.

I had tried to ring her last Friday and at the weekend, but her phone was off. Then one of the lads received a text on Monday, saying that we would be getting the money once the painter had been sorted to paint the walls, as they were damaged, and that the cleaner also had to be paid. Now as I said the cleaner might've been needed, but there's no chance a painter would've been needed.

Now the auld lad is a landlord too, and I informed him of what was happening, he hit the roof. As he had been up to the apartment recent enough, and had said it was in grand nick. We also received references from the agency stating that we were good tenants. The lady who we were supposed to be dealing with, had also been up about 8or9 times in the 2weeks previous, as part of the contract stated that we had to allow them in. The only complaint that was ever made by the agency was that a table needed cleaning (had all my books on it). So we obviously thought the place was grand.

The auld lad had managed to speak to someone about the place within the agency, and had said that they were not to proceed with the work until we gave the word (now he said that we have no rights to do so, but that they might rethink their approach). He also asked them about their PRTB links, and how it was strange that the director of the letting agency was also the owner of the property (this isn't illegal, but would raise eyebrows).

Just wondering if anyone has been in this position before, and what would be the best form of approach to take?
We were informed to keep hassling the agency, but wanted to see if there were any other avenues we could follow?

bugler

The deposit can't be dipped into for anything that could be described as normal wear and tear, so scuffs on the walls and a dirty floor don't qualify. It isn't there to provide for a good contract cleaning after the lease is up.

Unfortunately, some agencies have a policy of taking money routinely from deposits for cleaning and anything else that takes their fancy. They are not allowed to do this, but I guess alot of people let it slide.

You are also entitled to prompt return of your deposit. Prompt isn't given a definition, but I'm guessing that a week is stretching it, if there is no good reason.

So if you get no joy, I'd write to the agent via registered post and tell them you wish for the immediate return of your full deposit, that there is no basis for them retaining any of it for cleaning or painting, or anything for what could be considered normal wear and tear. Tell them if they do not comply with your wishes you will immediately lodge a complaint against them through the PRTB.

Ity wouldn't hurt to contact Threshold either, they may in fact do some of the above for you.

Roddy23

Thanks for the reply bugler. Are you sure that they cannot touch the deposit money, as they seem to think that you can?

Quick update to this problem. My father received a phone call from the agency this morning, after the landlord had been to see the apartment. They are now saying that they dont think there will be much change from our deposit, as there is some work that will need to be done before they get the painters in. This is 2000€ we're talking about.

My father naturally enough is livid, and so is myself and the two other tenants. He wants us to document everything, as he doesn't think theres much chance of this been resolved in the near future. The PRTB can take up to 6 months to hear a case, and Threshold will only go to the PRTB about this. Would there be much hope in getting legal advice, and trying to pursue them through the Small Claims Court.

Also, am I allowed to name the letting agency here, just to see if anyone else has run into these problems with the agency before.

bugler

Thanks for the reply bugler. Are you sure that they cannot touch the deposit money, as they seem to think that you can?

They think wrong! The deposit is only for damage or rent arrears. Though I'm suprised unpaid bills aren't also covered...it would seem reasonable that they would be.

In any case, normal wear and tear is not sufficient grounds for witholding any of the deposit.

Off the Threshold site:

"8. When you leave, your landlord must promptly return your deposit. The landlord may only keep some or all of the deposit to cover rent arrears or the costs of repairing any damage above normal wear and tear.

9. Remember your rent deposit belongs to you, not to the landlord.

10. If your landlord fails to return your money or makes unfair deductions, please contact your nearest Threshold advice centre:


21 Stoneybatter, Dublin 7
T: 01 678 60 96
email: info@threshold.ie
"

The Small Claims Court no longer has sway in these type of case since the Residential Tenancies Act 2004 came into effect.

It is worth contacting Threshold if only to have another voice on board, the LL/agent will be in no doubt that what they're doing is not allowed. If/when this case goes to the PRTB you will win. Now hopefully you won't have to go that long route, so persuading the LL/agent of the hopelessness of what they're trying is perhaps your best bet.

Climate Expert

Just read tell them they have no right to take the deposit and not to bother wasting your time retrieving it though the PTRB. If they know you are serious then you should get it back quicker.

Roddy23

Update to the problem.


Still no word back from Embassy Estates as to why we are been charged our full deposit. They told the auld lad that they would be sending on a list of work and prices that would need to be done. No sign of that.

They're not answering our phone calls, and we've send in emails, asking whats happening. We're making sure to document everything. I spoke to the PRTB, after Threshold directed us towards them. PRTB have said the best course of action, would be to send in a form asking for assistance, but it can take up to 5months before this is heard.

I cannot believe in this day and age, that its possible for a supposedly reputable company to "steal" our desposits, and us unable to force their hand for at least 5 months. I appreciate all the advice handed out so far, but is there anything else that we can do. Its been nearly a week, since we were told our deposits were basically been kept, and my blood is still boiling. :mad:

bugler

You could call into their office and refuse to leave until they refund you.

Or stand outside and hand out flyers about them, warning tenants off using them. See if that changes their mind.

Still no word back from Embassy Estates as to why we are been charged our full deposit. They told the auld lad that they would be sending on a list of work and prices that would need to be done. No sign of that.

They're not answering our phone calls, and we've send in emails, asking whats happening. We're making sure to document everything.

Do up a letter. Quote from the RTA 2004 and the Threshold site, and any other sources you can find. Point out the pieces that make it clear the deposit is not to be used for cleaning etc, and can only be used in the case of rent arrears or damage. Send it by registered post.

I don't know if there is any alternative avenue to the PRTB. Maybe a solicitors letter would help, provided you don't have to pay too much for it. I know it's frustrating.

confuzed

Go to PRTB. I complained to PRTB and sent a copy to letting agency. It will cost you 25 € but its worth at the end of day. I got 80% of my deposit excluding professional cleaning of carpets with in 15 days.