Landlord Witholding Deposit, How Do I Fight It?

mebird

stripysocks85 wrote: »

Am just [almost] finished a dispute case myself. Landlord help part of my deposit so I took a case. Determination order hasn't been issued just yet, as they are given their 21 days to appeal, which I doubt they will do. Thrilled. Money robbing baxtards THANKS PRTB

Don't thank the PRTB.

If the PRTB did not exist it would be of no social consequence whatsoever. Without it, you would just use the small claims court.

Now it is more complicated ... if the landlord ignores the 'Determination Order'.... you will end up in small claims / district court anyway ( the PRTB will not take the case for you ).

A stenographer, three person tribunal and offices on O'Connell Street ... all for a dispute over a set of curtains.

Arse.

BostonB

mebird wrote: »

D...... all for a dispute over a set of curtains.

Pull yourself together...:o

mebird

BostonB wrote: »

Pull yourself together...:o

lol.

On a serious note though, most disputes dealt with by the PRTB concern curtains, the couch, and as a result the security deposit, ....I know this is off topic but I wonder how much it costs the tax payer to keep this show on the road ? Stab in the dark says at least €10 million ( formula used is similar sized organisation in the private sector X 10 ... sorry, don't want to open that pub / priv can ... on a rant here )

Do we really need a tribunal / dispute resolution service for every sector in the economy ?

BostonB

I think the idea was to take it out of the courts, small courts?

mebird

BostonB wrote: »

I think the idea was to take it out of the courts, small courts?

If it was the idea... it doesn't really work.

Just pulled the report for 2009 ... they made 922 determination orders and there is no telling how many of those had to be referred to the Circuit Court anyway !

BostonB

Well theres no way of knowing. They seem to be very understaffed, or not automated.

Doesn't really work for tenants or LLs.

StillWaters

As well as providing an avenue for Tenants against rogue Landlords, the PRTB also get Landlords registered so that their income is declared to Revenue, and properties liable for Capital Gains Tax.

As Quangos go, I'd say it provides value for money to the State.

mebird

StillWaters wrote: »

As well as providing an avenue for Tenants against rogue Landlords, the PRTB also get Landlords registered so that their income is declared to Revenue, and properties liable for Capital Gains Tax.

As Quangos go, I'd say it provides value for money to the State.

I totally disagree.. and here is why :

- PRTB have prosecuted four landlords since 2004 for not registering a tenancy. Four. That is not even one a year.

- There is no tenancy register. Yep, none. Every registration since 2004 went into a box or at best a basic database that cannot be cross referenced with Revenue's. I would be fairly certain of this because
a) Four prosecutions in 7 years
b) They only published a tender for registration system and database in the past two years
c) If there was a meaningful tenancy register, the PRTB would be able to publish statistics on rentals levels... or any statistics at all
d) they only had an online registration system since 2010.

- They made 922 determinations in one year... probably about security deposits ... In the absence of their service, these could have been made by the 24 small claims courts around the country ( 38 each ).

So, four landlords prosecuted in 7 years and a handful of disputes removed from the courts each year, no tenancy register and no statistics or public information service.... and how much do they spend per annum ....

9 million euro.

That is every single registration fee plus some more money from the State. I would suggest state funding has been removed which is why they increased their fees Jan 11.

I would love to see that Quango go go go.

quietsailor

An Ri rua wrote: »

I don't know why you all don't take the 'use deposit s last month's rent' maxim to heart?

Because the landlords (and I include myself in that group even though in the last year I've been [Deep breath Landlord, Tenant, Owner Occupier] are now starting to use 2 months rent as deposit. Simple as that. All your going to do by refusing to pay the last months rent is to push the Irish market towards the continental model;

The following are all nearly the first link in a simple google search using "xxxCountry Name deposit on a house". The angloinfo ones seem to be advice for tenants from tenants.
Germany Scroll down until you see the word deposit but the rest makes interesting reading too.
France Click on 13.1 Rental/Damage Deposit - it mentions not paying a deposit for unfurnished rentals or a months deposit for furnished rentals *** It also talks about 2 months rent in advance***
ItalyRead the first paragraph; "Provided rent isn't paid in advance at any more than two monthly intervals, the landlord can ask for a deposit equal to one to three months rent"

An Ri rua wrote: »

Essentially folks, we all must learn to 'limit the downside' in everything we do. A 3rd party deposit holding body is ideal and I look forward to that progressive, egalitarian move. But, until then, obre les ojos and look after you and yours. If you are morally upstanding and a good tenant, then do not ALLOW yourself to be robbed. Because THAT is what happens. YOU allow it. Have less fear, have more confidence in your inalienable rights. The law is merely a safety net.

Couldn't agree more with the part highlighted in bold. I've never refused to return a deposit except;

1. where bills were unpaid and we agreed to use the deposit for paying it.
2. Rubbish was left in the house and I rented a skip to clear it.