Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Getting deposit back

Options
  • 19-06-2011 4:08pm
    #1
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭


    I have 12 days left in the place im in now. I gave my notice. I placed an add on daft for the room last week and i didn't get one call or email. It really isn't a good time, is it?

    The reason why i placed the add last week was instead of earlier, was because i hadn't a place sorted yet. I have decided to move home.

    The landlord was saying that she keeps the deposit if no one takes the room.

    I have never signed a lease.

    What are my rights? Im going to call into threshold advice place tomorrow?


Comments

  • Options
    #2
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    How much notice did you give, how long were you living there, and is this a house-sharing situation with the landlord living there as well?


  • Options
    #3
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    not even wrong wrote: »
    How much notice did you give, how long were you living there, and is this a house-sharing situation with the landlord living there as well?

    Been here for 10 months. Gave about 5 weeks notice. Its a house share without the landlord.


  • Options
    #4
    goat2
    Registered Users Posts: 4,939 ✭✭✭goat2


    HardLuckWoman wrote: »
    Been here for 10 months. Gave about 5 weeks notice. Its a house share without the landlord.
    land lord wrong, all wrong, you only needed a month notice, and anyway when owner is occupying same house, he has no rights to keep your money


  • Options
    #5
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    goat2 wrote: »
    land lord wrong, all wrong, you only needed a month notice, and anyway when owner is occupying same house, he has no rights to keep your money

    But he isn't occupying the same house. I said it was a houseshare without the landlord.


  • Options
    #6
    montane
    Banned (with Prison Access) Posts: 245 ✭✭montane


    What kind of horse$hit precondition is it that you have to find the next tenant. You're not the landlord.

    Jesus no wonder Ireland has such negative mentality to renting when this bs goes on.


  • Advertisement
  • Options
    #7
    The Waltzing Consumer
    Registered Users Posts: 1,949 ✭✭✭The Waltzing Consumer


    Landlord 100% in the wrong. No contract or lease was signed. You were pretty generous in giving 5 weeks notice. There is zero obligation for you to find a new tenant. The landlord is doing what most landlords do, hope you forget about it. Go to citizens information service to see what you can do if the landlord refuses to give deposit back and what your legal options are.


  • Options
    #8
    Avatargh
    Registered Users Posts: 191 ✭✭Avatargh


    HardLuckWoman wrote: »
    I have 12 days left in the place im in now. I gave my notice. I placed an add on daft for the room last week and i didn't get one call or email. It really isn't a good time, is it?

    The reason why i placed the add last week was instead of earlier, was because i hadn't a place sorted yet. I have decided to move home.

    The landlord was saying that she keeps the deposit if no one takes the room.

    I have never signed a lease.

    What are my rights? Im going to call into threshold advice place tomorrow?

    Entirely wrong. People who carry on like this may not be registered with the PRTB. Tell her (in writing) she has no entitlement to hold onto the deposit nor any expectation that you should find a tenant. Tell her that holding onto the deposit beyond the date you want it back (i.e. specify a proper date) will simply involve you bringing a complaint to the PRTB.

    PRTB has decent information on its site. You'll learn all you need to know with some sensible web searches, rather than going into Threshold etc (not that they won't help - its just easy to do yourself).


  • Options
    #9
    goat2
    Registered Users Posts: 4,939 ✭✭✭goat2


    HardLuckWoman wrote: »
    But he isn't occupying the same house. I said it was a houseshare without the landlord.
    he/she is all wrong, finding new tenant is none of your business nor responsibility, sorry for thinking you were in same house as landlord, but the fact is, this landlord is breaking the law,


  • Options
    #10
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    Is the landlord wrong because i never signed a lease?

    Where's all this information to be got that says the landlord is wrong and that i am entitled to the deposit back, and its not my responsibilty to find a new tenant?


  • Options
    #11
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    HardLuckWoman wrote: »
    Is the landlord wrong because i never signed a lease?

    Where's all this information to be got that says the landlord is wrong and that i am entitled to the deposit back, and its not my responsibilty to find a new tenant?
    If you had signed a fixed-term lease and if you wanted to leave before the fixed term period was up, then it would be your responsibility to either find a new tenant or lose your deposit. You did not sign a fixed term lease so you can leave at any time (provided you give the appropriate notice).

    You are required to give 35 days notice if you've been there for 10 months, so it looks like you are OK on that front.

    http://public.prtb.ie/DownloadDocs/Residential%20Tenancies%20Act%202004%20-%20A%20Quick%20Guide.pdf


  • Advertisement
  • Options
    #12
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    So basically, i dont have to stay on here for another 12 days either?


  • Options
    #13
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    HardLuckWoman wrote: »
    So basically, i dont have to stay on here for another 12 days either?
    You have to stay on until 35 days after the day you gave your notice.


  • Options
    #14
    up4it
    Closed Accounts Posts: 70 ✭✭up4it


    HardLuck: Make sure you tell all the other tenants what the Landlord is doing.

    They will support you 100% if they have any sense at all!


  • Options
    #15
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    So people are 100% sure that i am entitled to the deposit back, and its not my responsibility to find new tenants. The landlord was saying that if no one takes it, i lose the deposit and thats the way how its done.

    I have even viewed places last week as a house share and it was the landlord who was getting the tenants.

    Is it because i have never signed a lease with the rules and what is expected of me?

    The reason why i ask is that my housemate has already been at me to place an add in the paper. Which costs money. I have already placed it on daft.ie and myhome.ie . Maybe she's worried she will have make up the rent. But she's going to have a go at me again, i know she will, just put it in the paper. If i dont have to, im not wasting money on it.

    And regarding staying the 35 days, i have payed for the 35 days. Surely i can leave close enough?

    Sorry i really am clueless?


  • Options
    #16
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    HardLuckWoman wrote: »
    So people are 100% sure that i am entitled to the deposit back, and its not my responsibility to find new tenants. The landlord was saying that if no one takes it, i lose the deposit and thats the way how its done.
    The law says very clearly that the landlord can only retain your deposit in the case of damage done to the property (beyond normal wear and tear) and/or unpaid rent (including rent contracted to be paid as part of a fixed term lease or due under your notice period). (it's Section 12.1(d) and 12.4 of the Residential Tenancies Act 2004 if you're interested)

    You did not sign any lease, you gave your full 35 days notice and there's no mention of you wrecking the place so you are legally entitled to the full return of your deposit.
    And regarding staying the 35 days, i have payed for the 35 days. Surely i can leave close enough?
    Yeah you can move out early if you want, as long as you've paid rent for the 35 days.


  • Options
    #17
    super_furry
    Registered Users Posts: 27,322 ✭✭✭✭super_furry


    There's a massive problem with Irish landlords and deposits. With so many of them, once you pay them the deposit, they consider it their money, spend it and you can go whistle if you think you've any chance of getting it back.


  • Options
    #18
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    Is it normal for a person to take a room in a house, and sign a lease?


  • Options
    #19
    n900guy
    Registered Users Posts: 288 ✭✭n900guy


    HardLuckWoman wrote: »
    So people are 100% sure that i am entitled to the deposit back, and its not my responsibility to find new tenants. The landlord was saying that if no one takes it, i lose the deposit and thats the way how its done.

    No it isn't. They are being full of crap and bluffing you. You are under no obligation to find a replacement tenant unless it's a tenancy with an agreement in place for that from the outset. The deposit is for damages and so on. It's nothing to do with regular rent AFAIK. If you give proper notice, then without any damages, you are entitled to have it all back. (IMO)

    I And regarding staying the 35 days, i have payed for the 35 days. Surely i can leave close enough?

    Sorry i really am clueless?

    If you have paid up the 35 days, you can leave anytime you like. You don't have to stay in the house but are liable for the rent up to the final end day that you gave notice for.

    The information saying you are not liable to find a new tenant for the landlord is in the same place as the Pig Flying Instructions. You are not the landlord, you are the tenant. If you meet all your obligations as a tenant, then you leave. If the place is never let out again, it's not your fault as you are not the landlord.


  • Options
    #20
    up4it
    Closed Accounts Posts: 70 ✭✭up4it


    HardLuck - You could always find a very bad tenant for your Landlord! ;)

    Any Landlord that does not find and check out their own tenants is just a bleedin' idiot! I've heard it all now! :D


  • Options
    #21
    Gandalph
    Registered Users Posts: 1,792 ✭✭✭Gandalph


    Tell the L/L to shag off and get your money back, thats just dishonesty at its worst


  • Advertisement
  • Options
    #22
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Did anybody sign a lease or was it just you who didn't sign it?


  • Options
    #23
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    Ray Palmer wrote: »
    Did anybody sign a lease or was it just you who didn't sign it?

    No body signed a lease. Got advive from threshold. They said the same thing.


  • Options
    #24
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    up4it wrote: »
    HardLuck - You could always find a very bad tenant for your Landlord! ;)

    Any Landlord that does not find and check out their own tenants is just a bleedin' idiot! I've heard it all now! :D

    A very bad tenant? A homeless guy?


  • Options
    #25
    Mrs Garth Brooks
    Closed Accounts Posts: 2,865 ✭✭✭Mrs Garth Brooks


    Called into threshold. They said the same thing. They were very helpful. They are going to contact me again next week to see what happens. If nothing happens, they'll ring the landlord and tell her exactly what the law is.

    I asked the landlord for an inspection on the day im moving out. She wont.

    I took the adds of daft and other websites cause im not going to do the landlord a favour. I dont care if she has to travel half way across the country just to show people the room.


Advertisement