No deposit back because landlord went into receivership

hobbit stomper

Hi there,

anything I can do about the following situation?

Rented an apartment through a letting agency. Moved out after lease was up. Did not receive deposit back (€1100) straight away. Had to go abroad before new appointment could be scheduled to pick up deposit, was told to get deposit back when returning to Ireland.
Returned to Ireland a few months later. Contacted letting agency. Was told landlord has gone into receivership, will not get deposit back.
Agency told me I could fill out some papers to become a creditor of the landlord, but apparently the chances are almost 0% to ever see that money again.

Is that even legal? Do I really have no other rights for my deposit back other than becoming a creditor?

The main issue I have is that I moved out before the landlord even went into receivership and the agency was suppose to hold on to that money until I claimed it.
So why would I need to deal with the whole receivership, when I moved out several months before they went into receivership?

Another thing is, there are still loads of people living in those apartments. Moving in and out all the time. Does that mean that non of them moving out will get their deposit back?

djimi

This is not legal advise and I could be wrong about this, but I dont think your deposit makes you a creditor; ie the money owed is not in liu of goods or services provided, it is a security deposit that is supposed to be held in case of damage caused to the property.

It might be worth contacting Threshold or the PRTB about this for advise.

Paulw

The landlord can only go in to receivership if the landlord is a company.

Sounds like you're being messed about.

You should report the matter to the PRTB.

hobbit stomper

djimi wrote: »

This is not legal advise and I could be wrong about this, but I dont think your deposit makes you a creditor; ie the money owed is not in liu of goods or services provided, it is a security deposit that is supposed to be held in case of damage caused to the property.

I was told by the letting agency about becoming a creditor, they said they will forward me the papers. But honestly not something I would look forward to. Yeah I think it's strange as well, since it's a deposit that should be put aside no matter what.

Paulw wrote: »

The landlord can only go in to receivership if the landlord is a company.
Sounds like you're being messed about.
You should report the matter to the PRTB.

I have never really met the landlord, just people from the agency, but I think there is a company behind it.

I assume PRTB's website is www.prtb.ie. I'll have a look at that. I actually do remember that my landlord (or agency) has signed me up for that. I even have the confirmation letter from PRTB from when I moved into that apartment.

matrim

hobbit stomper wrote: »

Hi there,

anything I can do about the following situation?

Rented an apartment through a letting agency. Moved out after lease was up. Did not receive deposit back (€1100) straight away. Had to go abroad before new appointment could be scheduled to pick up deposit, was told to get deposit back when returning to Ireland.
Returned to Ireland a few months later. Contacted letting agency. Was told landlord has gone into receivership, will not get deposit back.
Agency told me I could fill out some papers to become a creditor of the landlord, but apparently the chances are almost 0% to ever see that money again.

Is that even legal? Do I really have no other rights for my deposit back other than becoming a creditor?

The main issue I have is that I moved out before the landlord even went into receivership and the agency was suppose to hold on to that money until I claimed it.
So why would I need to deal with the whole receivership, when I moved out several months before they went into receivership?

Another thing is, there are still loads of people living in those apartments. Moving in and out all the time. Does that mean that non of them moving out will get their deposit back?

Who is your receipt for the deposit from? I.e. if you paid the deposit to the letting agent and have a receipt from them, then, AFAIK, they are the one's that should give you the money back, not the landlord

hobbit stomper

matrim wrote: »

Who is your receipt for the deposit from? I.e. if you paid the deposit to the letting agent and have a receipt from them, then, AFAIK, they are the one's that should give you the money back, not the landlord

I paid the money to the letting agency. The receipt is also from them.
That is what I told the letting agency, that I paid THEM the money, but they just told me that they have given that money to the landlord, so they no longer have it.

I still have the contract as well the the deposit receipt, both in perfect condition.

Morlar

hobbit stomper wrote: »

I paid the money to the letting agency. The receipt is also from them.

Not legal advice but in that case I would have thought that the letting agency is out of pocket not you - you gave the money to them - they owe it back to you. I'd say talk to the Ptrb as soon as possible and don't sign anything from the agency in the meantime.

hobbit stomper

I just find it weird that even though the landlord is in receivership, they still carry on like nothing happened.
Apartments are still being rented out. People move in. People move out and I assume they all get their deposit back. So why should I not get mine back? Just because I had to go abroad and did not claim it back straight away? I even did ask for it when moving out but the date given was the following week which was not suitable for me and all the later dates that I was offered were dates where I would have been abroad already. So they simply told me to collect it when I'm back.

I'm having a nose on the PRTB website, but not sure what exactly I should do.
Does anyone know where and how to contact them? Is there a procedure I have to go through before contacting them?

matrim

Try calling threshold

http://threshold.ie/menu.asp?menu=102

djimi

Morlar wrote: »

Not legal advice but in that case I would have thought that the letting agency is out of pocket not you - you gave the money to them - they owe it back to you. I'd say talk to the Ptrb as soon as possible and don't sign anything from the agency in the meantime.

I would be inclined to agree with this. You paid the money to the letting agency, the receipt is in their name, therefore it should be them who pays you the money back. Where they get the money from is of no concern of yours.

Your best bet really is to contact PTRB or Threshold tho and seek advice from them. They will be able to tell you where you stand in this matter.

hobbit stomper

djimi wrote: »

I would be inclined to agree with this. You paid the money to the letting agency, the receipt is in their name, therefore it should be them who pays you the money back. Where they get the money from is of no concern of yours.

Your best bet really is to contact PTRB or Threshold tho and seek advice from them. They will be able to tell you where you stand in this matter.

Thanks for the info.
I took a look at PTRB and Threshold. Threshold refers to PTRB for issues related with the deposit. And on the PTRB website it says it will take up to 40 days until they will start processing the dispute.
My problem is that I will be leaving Ireland again in January, and this time for 12 months!

The most legal advice I have gotten so far is from a friend who wanted to become a barrister, but dropped out, so it's not a real legal advice.
He says:
The deposit was paid to the letting agency and the receipt is signed by the letting agency, therefore they have to pay it back to me. Should there be any creditor at all here, it will be the letting agency, since the landlord owes them the deposit. But that is non of my concern since I have a written and signed deposit receipt from the letting agency.

If someone could confirm this, I would simply send them an email saying that, so they get a little bit under pressure and hope they kop on and hand over the deposit.

Is there any free legal advice I can get from somewhere? Any kind of Forum or free hotline?

x in the city

you are getting butt raped, simple as

get onto the tenenat board, small claims, anyone

u are due your full depost back, and no horse s|it about it.

x in the city

hobbit stomper wrote: »

Thanks for the info.
I took a look at PTRB and Threshold. Threshold refers to PTRB for issues related with the deposit. And on the PTRB website it says it will take up to 40 days until they will start processing the dispute.
My problem is that I will be leaving Ireland again in January, and this time for 12 months!

The most legal advice I have gotten so far is from a friend who wanted to become a barrister, but dropped out, so it's not a real legal advice.
He says:
The deposit was paid to the letting agency and the receipt is signed by the letting agency, therefore they have to pay it back to me. Should there be any creditor at all here, it will be the letting agency, since the landlord owes them the deposit. But that is non of my concern since I have a written and signed deposit receipt from the letting agency.

If someone could confirm this, I would simply send them an email saying that, so they get a little bit under pressure and hope they kop on and hand over the deposit.

Is there any free legal advice I can get from somewhere? Any kind of Forum or free hotline?

thats all you need to know, get the money off them, and name and shame them also

drunkmonkey

I'd agree with X, take the letting agent to the small claims court, your recipt from them should be enough proof. Maybe even the threat would be enough, I'd stop dealing with ordinary staff and take to the owner of the letteing agency.

x in the city

and do this tomorrow morning and let us know.

and also name and shame the ba|tards, no time for this crap!

hobbit stomper

I will call Threshold and PTRB tomorrow and see what they have to say. I see Threshold offers free legal advice.
I would just like to avoid any kind of long court procedures or solicitor fees.

By the way, it's xxxxxxxxxxxxxxx. They seem nice and I never had a problem, also friendly on the phone. Just now this issue with the deposit and landlord receivership.

I'll see what happens tomorrow.

x in the city

hobbit stomper wrote: »

I will call Threshold and PTRB tomorrow and see what they have to say. I see Threshold offers free legal advice.
I would just like to avoid any kind of long court procedures or solicitor fees.

By the way, it's xxxxxxxxxxxxxxxxxxxxxx. They seem nice and I never had a problem, also friendly on the phone. Just now this issue with the deposit and landlord receivership.

I'll see what happens tomorrow.

they are just f*****g with you..

call the tenant crowd, you will get your money back. inbred agencies....

hobbit stomper

Contacted PRTB and they told me they are unable to give me advice, but can open a dispute. They told me to contact Threshold first to get some advice on where I stand.
Tried calling Threshold all morning, lines are busy non stop.

All I need is a reliable source that can confirm that if my receipt is written and signed by the letting agency whom I gave the money to, that they have to hand me the money back, even if the landlord has gone into receivership.
The whole receivership shouldn't really matter in the first place because the landlord went into receivership 3 months after I moved out and the letting agency was suppose to hold on to my deposit no matter what.

I just need to get this confirmed.

hobbit stomper

Update: finally got through to Threshold. I have an appointment on monday with them.

Fiii

Threshold are really helpful.
They helped me get a 1600 deposit back after a 9month battle with the Landlord.

Best of luck with it.
Far too much of this lark going on. That money should never have gone anywhere other than a secure 'holding' account.

Victor

One thing. A deposit is your money, held by the agent/landlord. It was never their money. this may put you at the top of the queue for money.

x in the city

have u got a receipt..?

most basic of all things ....

djimi

Victor wrote: »

One thing. A deposit is your money, held by the agent/landlord. It was never their money. this may put you at the top of the queue for money.

They wont be anywhere near the queue of creditors as they are not a creditor. The matter of the deposit is completely seperate from the receivership and therefore the OP is entitled to get their money back regardless of the landlords personal situation.

Gamrab1974

Surely the letting agents were acting as 'agent' for the landlord and therefore have no liability to the OP. Once the deposit became re-payable at the end of the term by the landlord, the OP was a ordinary creditor of the landlord. Whether the letting agents physically had the money or not doesn't matter as they are only agent for the principal, ie landlord.

If a receiver is appointed, as opposed to a liquidator, OP may be able to get deposit back as receiver is bound by landlords legal obligations to re-pay. It would only be on a winding up of the landlord company that there would be any issue of creditors not being paid.

Newaglish

djimi wrote: »

They wont be anywhere near the queue of creditors as they are not a creditor. The matter of the deposit is completely seperate from the receivership and therefore the OP is entitled to get their money back regardless of the landlords personal situation.

This is not true unfortunately. Company owes OP money, company is in receivership, OP is an unsecured creditor.

poconnor16

Sorry to drag this up again but I am now in a similar situation.

''This is not true unfortunately. Company owes OP money, company is in receivership, OP is an unsecured creditor''

This is not correct. The tenant/OP is not an unsecured creditor as they were not owed money in lieu of goods or services.

What actually happened here in the end OP - can you update as I would find it very helpful....

beanhead

easy, make alternative arrangements to live somewhere else & don;t pay your last months rent

it takes considerable time to legally evict a tenant regardless of who owns the property - private individual, bank or pension fund