Apartment Deposit

outsourced_ire

Hi guys,

Quick query...

Four of us decided to rent an apartment together and we chose a 3 double bed apartment. My buddy couldn't view it at the time and said if it was okay with us, it would be okay with him.

We loved it anyway, and paid a reservation deposit of €250.

My buddy decided anyway he wanted to view it, and on viewing, he said his room was far too small. On second look, the room was tiny, with room for a double bed but literally nothing else. It would've been more suited to a single bed.

So to cut a long story short, my friend decided to stay where he was which meant we could not affort to take the apartment. Unfortunately the letting agency say that our €250 is non-refundable (which was not specified before we handed it over).

I was wondering if anyone knew where I stand with this. I do accept to a certain degree that it is our own fault however I wonder is there any way we would be able to get this back considering the room was only a single (when it was advertised as a double), and also considering we were never told this deposit was non refundable.

Any help or advice would be greatly appreciated

Sponge Bob

The misdescription is important, your mate who got the boxeen instead of a room will have to provide evidence in the small claims court and you will get your money back plus your costs...eg bus fares to view it and time off work + €250

Very important you have evidence of the misdescription, had the agent said the room was a box you would not have placed the deposit.

Nody

Sponge Bob wrote: »

The misdescription is important, your mate who got the boxeen instead of a room will have to provide evidence in the small claims court and you will get your money back plus your costs...eg bus fares to view it and time off work + €250

Very important you have evidence of the misdescription, had the agent said the room was a box you would not have placed the deposit.

Doubt this one because they actually went and saw the apartment so the description of the agency would not matter since they were there in person before paying for it. Hence they know exactly how the apartment looked like inc. size of rooms etc.

dudara

Moved to Accomodation & Property

dudara

Osgoodisgood

outsourced_ire wrote: »

Hi guys,

My buddy couldn't view it at the time and said if it was okay with us, it would be okay with him.

We loved it anyway, and paid a reservation deposit of €250.

Your buddy owes you 250 squiddlies.

Jo King

If you hadn't signed the lease the deposit is refundable. It has the same status as the booking deposit on a house. Tell the EA you will be complaining to their professional body and or objecting to the renewal of their licence.

wyndham

Jo King wrote: »

If you hadn't signed the lease the deposit is refundable. It has the same status as the booking deposit on a house. Tell the EA you will be complaining to their professional body and or objecting to the renewal of their licence.

Why have a deposit at all then if it is instantly refundable?

IMO, the holding deposit is not refundable, and I would think this quite fair. You had ample opportunity to view the apartment so it's not as if you were buying a pig in a poke.

Could you or the other person who viewed with you not have switched rooms with your friend who was not there and taken the smaller one? ie, why did he get allocated the smaller room?

silja

Deposit is non-refundable; it covers the cost to the landlord to re-advertise, and be without rental income until he finds another tenant, because you guys cost them money by not moving in.

If you would still like the place, you could play "musical rooms", and one of you stay in the box room for 4 months each? If not, personally I think the friend whpo pulled out should pay the lost deposit.

lisasimps

OP did you pay the deposit to the estate agent or the landlord? I wonder if it was an estate agent would they transfer the deposit to another suitable property on their books?

OS119

silja wrote: »

If you would still like the place, you could play "musical rooms", and one of you stay in the box room for 4 months each? If not, personally I think the friend whpo pulled out should pay the lost deposit.

i would have said it was the other way around - the OP had a look around the place having agreed to act on his/her friends behalf, and decided, apparently while paying no attention whatsoever to the actual size of the room, that it would be ok. when the friend said 'hang on, you've got to be fcuking joking, i can't live in a room that size', the OP said, 'oh yeah, we didn't think of that....

its the OP's problem - you accepted a 'job':that of finding a nice place for 3 people to live and were trusted to spend your friends money wisely, but you screwed it up by finding a nice place for 2 people to live and frittered away your friends money on a place that, had you paid any attention during the first visit, you'd have known he could never live in.

you owe him...

Giblet

Why don't you let your friend live in one of the bigger rooms? How did his room end up being the smallest? You guys took the lions share then didn't care about the other room?

caroiline

Legally you can build a case go into the ciizen information centre and get them to ring the agencey over all letting, i did this before!

Jo King

wyndham wrote: »

Why have a deposit at all then if it is instantly refundable?

IMO, the holding deposit is not refundable, and I would think this quite fair. You had ample opportunity to view the apartment so it's not as if you were buying a pig in a poke.

Could you or the other person who viewed with you not have switched rooms with your friend who was not there and taken the smaller one? ie, why did he get allocated the smaller room?

The booking deposit establishes bona fides. The law on this issue was decided in the case of Howlin v Power 1978. In the case of a sale or lease which is subject to contract or lease not proceeding, the deposit must be given back.
Opinion counts for nothing. That is the law on the point.