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Letting agent keeping part of deposit

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  • 13-12-2010 3:05pm
    #1
    number10a
    Registered Users Posts: 1,062 ✭✭✭


    So, after ten weeks of phoning, hassling, emailing and pestering, I finally got a cheque in the post from the letting agent with part of my deposit. There was no explanation or anything given as to why the whole amount was not returned - either over the phone or in the post with the cheque. Me and my old housemate keep ringing the agency, the secretary keeps saying she'll get someone to ring back with an explanation, but no one does. Frankly she's as useless as a chocolate saucepan - but that's a whole other rant.

    Anyway, I have a couple of questions about this one, because I intend to formalise this if I don't get a proper explanation from the agency over the next few days. I know no one can give legal advice, so opinions is all I'm looking for really.

    1. If I cash the cheque for part of the deposit, will that effectively look like I'm accepting what I've gotten? The thing I'm afraid of is that if they realise I'm going to formalise the matter, they might cancel the cheque and try and claim a larger chunk of the deposit when the PRTB (or whoever) come knocking. But if cashing it effectively closes the matter, I don't want to do that.

    2. On handing back the keys, the agent said he would ring Bord Gáis to make sure the electricity and gas are sorted, even though I had insisted I wanted to do it if he gave me the details they would need from his side. About eight weeks after moving out, I rang BG and nothing had been done. Now, the gas is fine. Nothing to worry about there. But, it turns out that I am now liable for €66 for the electricity that has been used since then because it was my name on the account at the time. Anyone know who can sort this out for me if the landlord is not co-operating??

    Right, that was way longer than I expected!! But thanks in advance for your help.......


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    #2
    PCPhoto
    Registered Users Posts: 6,584 ✭✭✭PCPhoto


    I would avoid the Letting agent and try to deal with the owner - we had a similar problem last time we moved - letting agents were messing us around - so I contacted the owner and he said he couldnt get them to do anything either.

    our rent was €2400 - we asked for it to be dropped - letting agent said after talking with the owner he's willing to drop it to €2100...however a quick call to the owner shows he knew nothing and offered us to drop it to €1800 for us to stay - we declined and got a different place (3 of us living together)...the Letting agent also claimed the place was not in top condition when we left - fortunately for us I photographed every inch of the building before we moved in and on the day that we moved out - and I gave the letting agent a copy of both on CD...so they could compare EVERY room...every corner and crack etc etc.

    However you say that your Letting Agent and Landlord are both difficult to deal with ..... have you asked Letting agent for a breakdown of what part of the deposit they are keeping and reasons why - did they ever tell you that the place was not the same as when you moved in.....might be worth contacting threshhold/PRTB and asking them to discuss the matter.

    I would not cash the cheque they issued...just incase they would consider it as acceptance of finalisation (infact I would go as far as to return it...but then again - thats just me)


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    #3
    padma
    Closed Accounts Posts: 1,874 ✭✭✭padma


    If you have the time I would get a big placard, saying how you are waiting ten weeks for your deposit, and how you didn't get the full amount back. Stand outside the letting agents and wait for the Guards to arrive, if they do, tell them you are pressing charges against the letting agents for theft. Make a fuss, do not hold back. Get on to your local papers and name and shame them.

    Be the character inside your town who won't be bullied and robbed by a thieving letting agent.


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    #4
    number10a
    Registered Users Posts: 1,062 ✭✭✭number10a


    padma wrote: »
    have you asked Letting agent for a breakdown of what part of the deposit they are keeping and reasons why - did they ever tell you that the place was not the same as when you moved in.....might be worth contacting threshhold/PRTB and asking them to discuss the matter.

    Are they required to provide receipts if they claim it was for cleaning or repairs or something like that?? I left the place like a showhouse, so there's no reason they would have needed any professional to sort something out. I'm thinking of writing to them to ask for an explanation so that I'll have something in writing. I reckon they'll go with something along the lines of cleaning/repairs, so if they're required to produce a receipt, I'm hoping I'd have them cornered.


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    #5
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    number10a wrote: »
    Are they required to provide receipts if they claim it was for cleaning or repairs or something like that??
    If they took the money from your deposit, then yes, yes they do have to.


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    #6
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    number10a wrote: »
    1. If I cash the cheque for part of the deposit, will that effectively look like I'm accepting what I've gotten? The thing I'm afraid of is that if they realise I'm going to formalise the matter, they might cancel the cheque and try and claim a larger chunk of the deposit when the PRTB (or whoever) come knocking. But if cashing it effectively closes the matter, I don't want to do that.

    No it doesn't. Cash cheque. Write back ackowledging receipt, and demanding payment of the balance (registered post).
    number10a wrote: »
    2. On handing back the keys, the agent said he would ring Bord Gáis to make sure the electricity and gas are sorted, even though I had insisted I wanted to do it if he gave me the details they would need from his side. About eight weeks after moving out, I rang BG and nothing had been done. Now, the gas is fine. Nothing to worry about there. But, it turns out that I am now liable for €66 for the electricity that has been used since then because it was my name on the account at the time. Anyone know who can sort this out for me if the landlord is not co-operating??

    Did you get a reading when you moved out? Call BordGais with this reading. Tell themthe date you vacated. Tell them where to send the final bill. Tell them to send the new bill to the Landlord care of the Letting Agent. Totally standard procedure.


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    #7
    number10a
    Registered Users Posts: 1,062 ✭✭✭number10a


    Thanks for your help guys! I've been onto Threshold as well this afternoon, so I've just sent a registered letter and I think I will cash the cheque as well - too afraid of it being cancelled. I acknowledged receipt of it in the letter and asked for an explanation or a refund of the remainder, so I do think that it doesn't look like I'm accepting the cheque as the final amount.


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