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Letting agent went bust- who is liable to repay the deposit?

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  • 16-01-2009 10:06am
    #1
    daheff
    Registered Users Posts: 5,864 ✭✭✭


    Hi

    Recently a letting agent has gone bust. When the tenant signed the lease they paid 1 months rent and the deposit to the letting agent. The letting agent kept the first months rent as their fee and held onto the deposit.All other rental payments were paid to the landlord directly.

    Recently the letting agent went bust. My question is who is responsible for repaying the deposit ? Agent or Landlord?

    And should the letting agent have the deposit in a Client account? If so, how would somebody go about getting access to these funds?


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    #2
    ROROCORK
    Closed Accounts Posts: 3 ✭ROROCORK


    Hi
    Did you get a copy of your lease as it should state it on that also check out www.prtb.ie its the private residential tenancies board. Good Luck


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    #3
    ZYX
    Registered Users Posts: 882 ✭✭✭ZYX


    Well I assume it is the landlord who repays deposit. The contract is between landlord and tenant. Agent is just that an agent that the landlord pays to do some work for him.


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    #4
    Victor
    Registered Users Posts: 78,392 ✭✭✭✭Victor


    The agent is responsible to the landlord and the landlord is responsible to the tenant.

    I presume the agent has gone into receivership. If you are a creditor, you need to contact the receiver.


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    #5
    kanoute696
    Registered Users Posts: 50 ✭✭kanoute696


    Hi, just jumping on - Im having huge problems with my letting agent - they rented out a house for me and let the tenants use their deposit as their last months rent without even telling me, I only notice when the rent didnt appear in my account - also, they are paid up for the year but arent making a effort to rent it for the second time?.. can I do anything about this?. I feel helpless. any advice? who can I complain to?. - can I say their name on here?. I dont want anybody else using these guys....


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    #6
    Victor
    Registered Users Posts: 78,392 ✭✭✭✭Victor


    kanoute696 wrote: »
    they are paid up for the year but arent making a effort to rent it for the second time?.. can I do anything about this?
    Agree a fee and tell them to rent it out again.
    who can I complain to?
    Are they a member of a professional organisation, e.g. IAVI?
    can I say their name on here?
    Please don't. You seem to be venting about them, but don't seem to have told them what to do either.
    I dont want anybody else using these guys....
    None of our business. Take your vendetta elsewhere.


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    #7
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    Victor wrote: »
    None of our business. Take your vendetta elsewhere.

    Victor there's no need to be so nasty and I don't see any 'vendetta' in that guys post??

    His letting agent who he is paying to look after his property have totally screwed him over. If he hadn't noticed about the last months rent not being paid, he might have missed a mortgage payment. And now they're not even advertising for new tenants?

    kanoute696 - i'd advise you to let it privately. In my experience as a tenant, letting agents are either scum or totally incompetent. I wouldn't leave my property in their hands.


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    #8
    dandelion
    Registered Users Posts: 34 ✭dandelion


    The original poster appears to be neither Landlord or tenant judging by the wording used. The Landlord is responsible for the deposit once he accepts the tenant, it doesn't matter what the agent did. If I were the landlord my first step would be to report the agent to the Garda, if he's a member of IPAV or IAVI then report him to them too. The tenant needs to write to the landlord confirming that he gave the deposit to the Agent, and copy the letter to the PRTB asking them to let the Landlord know that he is still liable even though he never got the money. Why not name the agent, if it's true?


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    #9
    dandelion
    Registered Users Posts: 34 ✭dandelion


    kanoute696 wrote: »
    Hi, just jumping on - Im having huge problems with my letting agent - they rented out a house for me and let the tenants use their deposit as their last months rent without even telling me, I only notice when the rent didnt appear in my account - also, they are paid up for the year but arent making a effort to rent it for the second time?.. can I do anything about this?. I feel helpless. any advice? who can I complain to?. - can I say their name on here?. I dont want anybody else using these guys....

    If you're not happy with their service look for another agent, ask family friends acquiantances for the name of someone they've used and are happy with. There are plenty of good letting agents out there but you need to get a referral from someone rather than wander around in the dark. Was the agent managing the propery for you?


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    #10
    daheff
    Registered Users Posts: 5,864 ✭✭✭daheff


    dandelion wrote: »
    The original poster appears to be neither Landlord or tenant judging by the wording used. The Landlord is responsible for the deposit once he accepts the tenant, it doesn't matter what the agent did. If I were the landlord my first step would be to report the agent to the Garda, if he's a member of IPAV or IAVI then report him to them too. The tenant needs to write to the landlord confirming that he gave the deposit to the Agent, and copy the letter to the PRTB asking them to let the Landlord know that he is still liable even though he never got the money. Why not name the agent, if it's true?


    Hi Dandelion...you are correct I am neither tenant nor landlord but am aware of this happening to somebody.

    Its a fairly sh*tty thing for the Agent to do to people (tenant or landlord).


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    #11
    Emerald Lass
    Closed Accounts Posts: 439 ✭✭Emerald Lass


    As far as i know the LL is responsible to their tenant at the end of the tenancy to deal with the issue apropriately - i.e hand over deposit etc if the tenant is entitled to it back (assuming no dmage etc etc etc). The agent may have handed the deposit to the LL in the beggining or not - if the agent held onto the deposit for the LL then poor LL has been left in it by the agent going bust, but that is for the LL to pursue against the agent.


    As long as the tenant did what they were supposed to do and there are no issues with the tenancy or ending it/damage etc then there is no reason for the tenant to loose their deposit. The LL is almost certainly not happy if they are now out of pocket, but if they are any way decent they know its not the tenants fault, but the agents.

    Agents are going bust and screwing people over left right and centre at the moment, and this is a too familiar story I am afraid. AS others have said either rent yourself or get a family member to do it - 99% of the time you will do a better job than the agent anyway, as most of them don't have a clue and are in it for quick cash, not to protect you or your tenants interests.


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    #12
    sorella
    Closed Accounts Posts: 923 ✭✭✭sorella


    When we paid the deposit on the last place we had, we were asked to make the cheque payable to the landlord, not the letting agent. The agent told us that the landlord had the deposit and that we must retrieve it from them. That took three months; the agent finally handled it or us. Who did you make the cheque out to ?


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