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Holding Deposit - Where do I stand

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  • 07-09-2010 3:01pm
    #1
    Himselfe
    Registered Users Posts: 126 ✭✭


    My girlfriend and I viewed an apartment (rental) Monday last week and agreed to take it at the end of this month. We put a holding deposit down and gave notice to our current landlord. This morning I received a phone call from the letting agent saying that the landlord had changed his mind and wants to give the apartment to someone else who can move in sooner.

    Can he do this? Surely putting down the holding deposit means that we have made some sort of legal agreement with the landlord and he cannot just decide he wants to give it to someone else?

    Is there anything I can do? My current landlord has already agreed for someone else to move in when I leave which leaves me stuck in the middle with 2 weeks to find a new place to live.

    Any info appreciated.


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    #2
    Goesague
    Closed Accounts Posts: 65 ✭✭Goesague


    Look at the thread below. Take your deposit back and start hunting again.

    http://www.boards.ie/vbulletin/showthread.php?t=2056022753


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    #3
    Himselfe
    Registered Users Posts: 126 ✭✭Himselfe


    Thanks Geosague, but I think that thread refers more to the tenant reneging on an agreement, and not the landlord as is the case with me.

    I do think (now that I've calmed down!!) that there's probably nothing I can do about it. Or does anyone know if there is? The landlord has agreed to give me back the deposit, but thats not the point. We had an agreement and he went and fooked everything up for me.

    Its just SO difficult to find a decent quality rental property in Dublin at the moment. It took us a long time to find this one and to have it snatched away because the landlord decided to let some mates move in instead (I've discovered from the letting agent that this is the case) is very frustrating.


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    #4
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    That sounds very annoying but I'd take your deposit and leave it at that, starting off on a bad foot with a landlord isn't good and is likely to just go downhill.

    Maybe it just wasn't meant to be, I'd get back on the househunt an hopefully you'll find something even better.


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    #5
    omega666
    Registered Users Posts: 595 ✭✭✭omega666


    Cathooo wrote: »
    That sounds very annoying but I'd take your deposit and leave it at that, starting off on a bad foot with a landlord isn't good and is likely to just go downhill.

    Maybe it just wasn't meant to be, I'd get back on the househunt an hopefully you'll find something even better.




    seems a bit unfair,
    there was a big thread on here recently where people argued how a LL should be able to keep some or all of the holding deposit as compensation if a tenant changes their mind about moving in. which is fair enough,

    Yet if the LL change their mind the tenants just gets their deposit back is expected to go away.

    Why should it not work both ways, if a LL is entitled to compensation for time
    lost, cost to re-advertise, then why shouldn’t it work the other way around.
    The tenant compensated for time wasted, costs for further house hunting.

    not sure how logically you could get compensation from the
    LL though.


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    #6
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    omega666 wrote: »

    Why should it not work both ways, if a LL is entitled to compensation for time
    lost, cost to re-advertise, then why shouldn’t it work the other way around.
    The tenant compensated for time wasted, costs for further house hunting.

    not sure how logically you could get compensation from the
    LL though.

    It does work both ways. Neither ere entitled to compensation if the other changes their mind. The deposit is accepted "subject to contract". Until the lease is signed there is no contract. It is preferable that it be this way. The Law Reform Commission studied this are and recommended no change. There would be greater hardship if it was changed.


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    #7
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    omega666 wrote: »
    seems a bit unfair,
    there was a big thread on here recently where people argued how a LL should be able to keep some or all of the holding deposit as compensation if a tenant changes their mind about moving in. which is fair enough,

    Yet if the LL change their mind the tenants just gets their deposit back is expected to go away.

    Why should it not work both ways, if a LL is entitled to compensation for time
    lost, cost to re-advertise, then why shouldn’t it work the other way around.
    The tenant compensated for time wasted, costs for further house hunting.

    not sure how logically you could get compensation from the
    LL though.

    So you think the OP should go to the small claims court and waste even more time and resources to get some compensation but risk not getting anything? The prtb wont humour it as no tenancy was ever in place so they've nothing to do with it.

    Sometimes a line needs to be drawn before you go wasting your own time even further.


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