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Deposit from Landlord question

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  • 28-06-2009 12:36am
    #1
    Rafa1977
    Closed Accounts Posts: 400 ✭✭


    Hello all, I have a question about getting deposit back from rented accodomation. I have asked for friends opinions and what they know, and seem to have different answer. The probleam is I moved out of my last place nearly 2 months ago, and am still waiting on deposit, he says he dosent have it yet, but will get it soon, I was prepared at first to give him time, as had good relationship with him when was renting. I had converstion with him yesterday and he said it will be another while but this isnt good enough as I think I have been more than fair, can I take him to the small claims court, or should I be going a different avenue, I am owed 1k back. I told him if he didnt have money by this monday I would go to Threshold as he isnt registered as landlord, but he threw it back at me saying how fair he was as landlord and I would get my money and just be patient. Anybody any advice. Ideally i dont want to go down threshold route as I dont know if I would get my money back, I dont care if he is registered or not, just want my money back.


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    #2
    GalwayKiefer
    Registered Users Posts: 1,005 ✭✭✭GalwayKiefer


    He owes you 1k, he's not registered, and you've let it slide for nearly 2 months? You've been more then fair to him in my opinion, contact Threshold on Tuesday if there's no sign of your money. For one thing the tax man will nail him to the wall (though that won't help you obviously). Threshold or the Citizen's Advice people will advise you best on how to continue with this.


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    #3
    RentDayBlues
    Registered Users Posts: 2,131 ✭✭✭RentDayBlues


    Don't wait until tomorrow - do it now! A deposit is still technically your money and so this is theft! If you left the property in good condition and no outstanding bills you are entitled to your money immediately.

    Threshold will advice you that the next step is to go to the PRTB and initiate dispute proceedings against this LL - it doenst matter that he is not registered. If I was you I would speak to him one last time and inform him that if you dont get your deposit back in your bank account within the next 24 hours you will be going to the PRTB - I'm sure you'll get it back! It would be no harm to speak to the PRTB if you can about it - Threshold are very good but the PRTB are the way to go


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    #4
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    his cash flow problems are not yours. Tell him to have it for you this week or your going to proceed to take legal actino to recover and also contacting threshold re the unregistered tennancy.


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    #5
    bugler
    Registered Users Posts: 3,436 ✭✭✭bugler


    The deposit should never have been spent, moved or used in any way for the duration of the tenancy. It wasn't a little interest free loan you gave him. "I don't have it yet" isn't good enough. What was he doing spending your deposit? He's taking advantage of you.

    Follow through on your deadline. As mentioned above, it is through the PRTB you need to initiate proceedings ( http://www.prtb.ie/forms.htm), you can't use the Small Claims Court. Also, be sure to claim your rent relief: www.revenue.ie/en/tax/it/forms/rent1.pdf

    The case for an independent body holding rental deposits grows..


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    #6
    Rafa1977
    Closed Accounts Posts: 400 ✭✭Rafa1977


    Cheers folks for advice, in particular last post. I guess just worried I wont get money back if revenue get involved as my deposit is small change compared to what is owed to revenue by the landlord, cheers.


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    #7
    Rafa1977
    Closed Accounts Posts: 400 ✭✭Rafa1977


    I spoke to PRTB and they told me it could take between 2 to 3 months for my case to be resolved!!, and I didnt know I have to pay them 25 euro for the application form!! 2 to 3 months really is no good when I need the money now.


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    #8
    irlirishkev
    Registered Users Posts: 2,505 ✭✭✭irlirishkev


    bugler wrote: »
    The deposit should never have been spent, moved or used in any way for the duration of the tenancy. It wasn't a little interest free loan you gave him. "I don't have it yet" isn't good enough. What was he doing spending your deposit? He's taking advantage of you.

    ^^^^
    What he said

    Speaking as a Landlord, the deposit shouldn't be touched. My tenants deposit is currently sitting in a bank account safe and sound, and ready for when it's needed back.
    Very bad form on the LL's part. It's your call really, but 2 months is pushing it. Does he have new tenants? Have they paid a deposit, and if so, what has he done with their money??
    What does he mean he'll 'get it soon'?? Does he have to transfer funds from and offshore account?


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    #9
    Rafa1977
    Closed Accounts Posts: 400 ✭✭Rafa1977


    Well he told me nobody has moved in, as he is doing bit extra work, such as painting and doing something with bathroom. I dont think that there is anything I can do, and just wait the 2 months that the PRTB advised me of. Personally I think he must have some money, but maybe he has other and bigger debts, I really dont know.


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