Am I Being Treated Unfairly?

*Dudette*

Hello there, I put a deposit down one month ago on a rental apartment and could not move in until Nov as the current tenant could not move out until then however today I received a phone call from the letting agency to say that the current tenants situation has changed and she can no longer move out so therefore the apartment is now no longer available and I have to seek another apartment. Can you advise me if I am being treated unfairly. Surely due to the fact that I already paid a deposit that should secure the rental and the current tenant should move out instead? Thanks for the advice!

sarahbro

Is the deposit being refunded to you?

Ray Palmer

It seems unfair but the current resident has more rights than you. Sometimes things are just unfair. THe letting company should be trying to make things up to you by trying to find you another place but that would be them being nice niot a requirement.

handlemaster

*Dudette* wrote: »

Hello there, I put a deposit down one month ago on a rental apartment and could not move in until Nov as the current tenant could not move out until then however today I received a phone call from the letting agency to say that the current tenants situation has changed and she can no longer move out so therefore the apartment is now no longer available and I have to seek another apartment. Can you advise me if I am being treated unfairly. Surely due to the fact that I already paid a deposit that should secure the rental and the current tenant should move out instead? Thanks for the advice!

Don't see the big problem here. There are loads of places to rent.

focus_mad

handlemaster wrote: »

Don't see the big problem here. There are loads of places to rent.

I believe the problem is that the OP had an agreement to move in a few months after paying a deposit. Then recieves a call from the letting agency to say that no your not going into the apartment caus ethe current tenant changed their mind!

Zamboni

First order of business is get that deposit back.

Zulu

You get your deposit back - no issue.
You loose your deposit? - different kettel of spanners.

antoinolachtnai

1. You are being treated unfairly. But the landlord may be entitled to treat you unfairly. You have no legal right to fair treatment by a landlord.

2. Whether you are being treated illegally is a different matter. It really depends on whether the landlord has signed a lease or not. If not, then probably not. A deposit in itself is nothing in law when it comes to property. It is just a good faith arrangement. It is not binding on either the landlord or the tenant.

3. If you have been treated illegally, it does not follow that you are entitled to move into the apartment. Your dispute is with the landlord, not the present tenant.

4. If you have been treated illegally by the landlord, then you might be entitled to restitution. But this is a legal quagmire and not really worth exploring.

Pkiernan

antoinolachtnai wrote: »

1. You are being treated unfairly. But the landlord may be entitled to treat you unfairly. You have no legal right to fair treatment by a landlord.

2. Whether you are being treated illegally is a different matter. It really depends on whether the landlord has signed a lease or not. If not, then probably not. A deposit in itself is nothing in law when it comes to property. It is just a good faith arrangement. It is not binding on either the landlord or the tenant.

3. If you have been treated illegally, it does not follow that you are entitled to move into the apartment. Your dispute is with the landlord, not the present tenant.

4. If you have been treated illegally by the landlord, then you might be entitled to restitution. But this is a legal quagmire and not really worth exploring.

:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

Where did you get your Law degree???


OP: You certainly could make an argument for damages, as even if you get your deposit back, you have been inconvenienced.

Additionally, the taking of a deposit by the letting agent DOES constitute a contract. Contracts do not have to be written to be valid.

Unfortunately, there would be no point in pursuing a legal action against the letting agent, as costs involved would be prohibitive.

My advice - get your deposit back and move on with it. Crap happens.

Milk & Honey

Pkiernan wrote: »

:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

Where did you get your Law degree???


OP: You certainly could make an argument for damages, as even if you get your deposit back, you have been inconvenienced.

Additionally, the taking of a deposit by the letting agent DOES constitute a contract. Contracts do not have to be written to be valid.

Unfortunately, there would be no point in pursuing a legal action against the letting agent, as costs involved would be prohibitive.

My advice - get your deposit back and move on with it. Crap happens.

Where did you get your law degree?
The taking of a deposit DOES NOT of itself create a contract.
Ever heard of Howlin v Power?

http://www.boards.ie/vbulletin/showthread.php?p=73169008

Skerries

I invoke the Chewbacca defense!