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I'm a tenant moving out - Advise needed (long)

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  • 03-06-2009 10:57am
    #1
    Closed Accounts Posts: 51 ✭✭


    Hi guys,

    I'm moving out of a the house at the end of the month and i'm concerned that the landlord is not going to give the Depoisit back no matter what.

    The situation is a bit complicated. I had been renting a house with the same landlord until last September, with another person, landlord mentioned he had a place with two rooms empty and two people in the house. We were invited to see if we'd like to take the rooms. which we did.

    When moving out the estate agent started to give a lot of hassle with the deposit claiming the place was filthy (dust on the scurting boards and this type of stuff) initially landlord said it was an issue between estate agent and us but later got involved and gave the deposit back minus the new deposit on our new rooms. None of this was in writing :(



    Now I am moving out of the second place , i have given 37 days notice in writing and there is no writen lease on the house.

    Two of the other people in the house are moving out and one might be staying. The house is an alright state considering it hasnt been properly cleaned/fixed up in a number of years but is tidy and we do a weekly clean.

    My concern is that i dont have anything in writing that the landlord has my deposit. the estate agent wont get back to me by e-mail (which he had be doing when trying to get the rent lowered)

    The landlord has indicated that our deposits will be used to cover the rent after the notice period and we have moved out, too the girl who is considering staying (so she wont have to cover the rent for the rooms). I think this is completely wrong as there is no lease and have given 37 days notice.


    I asked a question about the deposit and got no reply. I didnt pay the rent yesterday, and dont want to unless i get something in writing that he has the deposit and that he will give it back except for damages to the house that are not wear and tear (which there are one or two small things he could claim)


    Any advise on what to do?


Comments

  • Closed Accounts Posts: 51 ✭✭Brian Griffin


    I've found out from the PTRB that he hasnt registered us as tenants,even though we have been there more then 6months.

    There is a fine apparently for not registering of 3000.

    We have found people to move in on the 14th so i'm going to move out then.

    I still havn't paid the rent and he still hasnt replyed to the e-mails.

    He was saying he will report us to the PTRB and clamp all the cars in the closed car park.

    Anyone got any advise on what he can do or what i can do to get my money back. depoisit is more then the rent and if i'm moving out next week . it would be a few hundered.


  • Closed Accounts Posts: 190 ✭✭SueWho


    I think it is the landlord's responsibility to register himself as landlord and also to register the tennants with PRTB. THIS IS ALL HIS RESPONSIBILITY- he cannot threaten to report you for anything.

    I guess your bargaining tool is that the deposit you're getting back is smaller than the€3000 fine he would owe the PRTB if you report him- is this the case? He might agree to give you back your deposit if you don't report him.

    BUT, he sounds like a bit of a pig. He should not be threatening to clamp your cars etc, that sounds outrageous!


  • Registered Users Posts: 6,584 ✭✭✭PCPhoto


    goto PRTB and/or Threshhold and they will be able to help.

    Ps. threatening to clamp your cars .... I say let him - then you have a stronger case which could end out in the Civil Courts


  • Registered Users Posts: 2,172 ✭✭✭cosmic


    Oh, sounds to me like you're holding all the cards!

    Your landlord's in a bit of a pickle for not registering with the PRTB. Find out if he's registered for tax. He'll be screwed if he's not and you'll be laughing all the way to the bank with your full deposit :D


  • Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    You are obviously entitled to your deposit back and the LL is wrong for not registering BUT you are also in the wrong for not paying your last months rent. you've just lost a lot of power for your side.


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