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Security Deposit rights. Please help.

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  • 15-12-2011 6:08pm
    #1
    Cfoxxy
    Closed Accounts Posts: 7 ✭


    I would appreciate if you could help me. In August, three of my friends moved into a house in Dublin. They got a lease of the landlord for a year. They needed another tenant to move into the house, so in September I moved in. I moved in for college and did not plan on staying a full year which they knew. Upon moving in, one of the tenants asked me for a security deposit of 300 euro, which I was told I would receive back. I never signed the lease and my name didn't even appear on it. I paid rent monthly to the tenant who's name was on the lease. I never even met the landlord. In October I decided I wanted to move out. I gave the other tenants 30 days notice and paid rent for November. Since I've left they have found a new tenant who will move in in two weeks and will pay 300 security deposit as I did. Am I entitled to my deposit back since I never signed anything and my name wasn't on the lease? If I don not receive it back the money this new tenant pays will go into the pocket of the old tenants? Please get back to me. I would appreciate it a lot.


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    #2
    horgan_p
    Moderators, Education Moderators Posts: 2,606 Mod ✭✭✭✭horgan_p


    A security deposit is just that , a deposit in case you cause damage to the property above nd beyond what is deemed to be "normal wear and tear".

    What "normal wear and tear" is varies from landlord to landlord.

    Basically if your share of the bills are paid up and the room you had isn't in smithereens then you should ask for (and expect) your security deposit back.
    So many people see the deposit as a "bonus" to spend how they wish.
    Ideally the deposit should be held in escrow until both parties agree how much (if any) is to be returned to the tenant.
    Over the years I've been caught by unscrupulous landlords too many times so now we tend to tell the landlord to use the deposit as the last months rent.
    Not entirely fair I know , but neither is the alternative (having to chase for months on end to get the money back)


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    #3
    exaisle
    Registered Users Posts: 2,675 ✭✭✭exaisle


    It sounds like you actually sublet and that your landlord was the person(s) whose name was on the lease. If that's the case he(technically) should have registered the tenancy with the PRTB....so you might mention that. You can check the PRTB register to see if you're listed as a tenant.

    You're quite entitled to your deposit back immediately. If he refuses to give it, suggest that you'll contact the PRTB.

    If that doesnt work, contact the PRTB. That's what they're there for. If they havent registered the tenancy it'll cost them €180 to do so which might soften their cough a bit....


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    #4
    Cfoxxy
    Closed Accounts Posts: 7 ✭Cfoxxy


    Thank you for your advice. I'm still a bit unsure. I paid rent to one person every month, cash in hand. The same person I paid my deposit to. I asked for my deposit back, but they are clamming i'm not entitled to it because they had to pay my rent for December because their new tenant can't move in yet. This has to be wrong because I gave them my 30 days notice and paid Novembers rent? Am i entitled to it because I gave 30 days notice and never signed anything?


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    #5
    sophia25
    Closed Accounts Posts: 265 ✭✭sophia25


    Technically you're a licensee rather than a tenant as your "landlord" lives with you. Therefore the tenancy is not under the PRTB remit so there was no need for you to be registered nor can you bring a case to them.You are entitled to your deposit back but you would have to bring it to small claims court though. the court clerk usually denies jurisdiction and refer you to PRTB so important to say that PRTB not responsible as you aren't covered by RTA 2004 in your initial application.


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    #6
    sophia25
    Closed Accounts Posts: 265 ✭✭sophia25


    Cfoxxy wrote: »
    Thank you for your advice. I'm still a bit unsure. I paid rent to one person every month, cash in hand. The same person I paid my deposit to. I asked for my deposit back, but they are clamming i'm not entitled to it because they had to pay my rent for December because their new tenant can't move in yet. This has to be wrong because I gave them my 30 days notice and paid Novembers rent? Am i entitled to it because I gave 30 days notice and never signed anything?

    As you didn't sign anything and were there for less than 6 months your statutory notice was 28 days which you provided. He is wrong.


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    #7
    Cfoxxy
    Closed Accounts Posts: 7 ✭Cfoxxy


    My landlord doesn't live with me. I gave the rent every month to the tenant who's name was on the lease because it came out of his account every month. He was just a tenant we had a seperate landlord but I never dealed with him, or even spoke to him. The only information I recieved about the house was from this tenant. I spoke with the tenant about getting my deposit back and he is refusing...


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    #8
    sophia25
    Closed Accounts Posts: 265 ✭✭sophia25


    The person you gave the money to is your landlord. You had no relationship with the owner of the property as it was a sublet situation. This means your landlord was living with you and you were a licensee.


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    #9
    Cfoxxy
    Closed Accounts Posts: 7 ✭Cfoxxy


    Would it maybe come back on me that I never signed anything and gave a deposit?


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    #10
    sophia25
    Closed Accounts Posts: 265 ✭✭sophia25


    No there is no need to sign a contract. The only thing is I hope you have proof of deposit be it a receipt, lodgement docket or even a text from him acknowledging payment. If so, it is an open and shut case, he owes you the money, all you need to do is prove you gave it to him.


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