Rental Deposit - Won't Return

thewools

I have moved out of my previous house almost 4 weeks ago and I have requested for my deposit back around 10 times at this stage.

We left after the 1 year lease lasped and decided to not stay. Landlord and Letting agency were happy with this and I left the house in the immaculate condgition so there is no reason to not recieve my full deposit back.

Anyways my previous landlord and both the letting agent are having serious money problems (its a well known fact in my area) and I am having difficulties in getting my deposit back. It's beginning to really annoy me. I was an ideal tennant who paid on time every month and looked after the property with no help from the landlord.

After numerous phonecalls to the letting agency they keep giving me excuse after excuse and after yesterdays phonecall; I have almost given up all hope.

What can I do next?

I have said yesterday that if I don't receive my deposit back in the next few days that I will be contacting the PRTB.

From searcging their website it seems that the landlord hasnt registered the property as the address is not on the public register.

Has anyone ever had to contact the PRTB and how long can a dispute go on for?

toexpress

The PRTB web site is not updated. This does not indicate that the property has not been registered.

Even if it has not been registered you may still report the issue to the body.

Have they given you any reason for not returning the deposit?

Did you take pictures of the property before surrendering it?

Aye Bosun

You're in for a long ride here I'm afraid. I had a case with them in 2010 and it took 9 months to get my deposit back. Register your dispute with the PRTB immediately to get the ball rolling. At the same time send a letter your landlord and letting agent to inform them you have opened a dispute in relation to the retention of your deposit. This costs €25. All the documents you need can be found at www.prtb.ie

Keep copies of all communications, either written, text messages, emails, and a diary of any conversation with dates and times etc. A paper trail is very important.

Once the dispute is opened, you just sit back and wait and the powers to be in the PRTB will move the case forward. You will recieve a date in the post for a hearing in their offices where both parties can put their case forward to an independent adjudicator. Remember to put a claim in for damages to included your costs ie. travel, wages for the day of the hearing, interest on the monies withheld etc. A few months later you will recieve a determination order telling both parties the outcome of the case.

Hopefully the threat of a case with the PRTB will be enough for them to pay up. Don't worry about the tenancy not being registered, you can still use them, this will actually act in your favour, as the PRTB will not look kindly on your landlord. I'd also take a leap and say if he's not registered he's most likely not declaring this income, so you bring this to the attention of the PRTB will open a 'can of worms' for him.

Good luck, don't give up on this you will get your money back, may just take some time, but it's worth the fight. It's great feeling when the little man wins!

thewools

toexpress wrote: »

The PRTB web site is not updated. This does not indicate that the property has not been registered.

Even if it has not been registered you may still report the issue to the body.

Have they given you any reason for not returning the deposit?

Did you take pictures of the property before surrendering it?

No pictures taken. But everything is in order and in perfect condition.

The reasons for not returning the deposit changes from day to day. Very vague reasonings and then they say they will return my call and never do.

Aye Bosun wrote: »

You're in for a long ride here I'm afraid. I had a case with them in 2010 and it took 9 months to get my deposit back. Register your dispute with the PRTB immediately to get the ball rolling. At the same time send a letter your landlord and letting agent to inform them you have opened a dispute in relation to the retention of your deposit. This costs €25. All the documents you need can be found at www.prtb.ie

Keep copies of all communications, either written, text messages, emails, and a diary of any conversation with dates and times etc. A paper trail is very important.

Once the dispute is opened, you just sit back and wait and the powers to be in the PRTB will move the case forward. You will recieve a date in the post for a hearing in their offices where both parties can put their case forward to an independent adjudicator. Remember to put a claim in for damages to included your costs ie. travel, wages for the day of the hearing, interest on the monies withheld etc. A few months later you will recieve a determination order telling both parties the outcome of the case.

Hopefully the threat of a case with the PRTB will be enough for them to pay up. Don't worry about the tenancy not being registered, you can still use them, this will actually act in your favour, as the PRTB will not look kindly on your landlord. I'd also take a leap and say if he's not registered he's most likely not declaring this income, so you bring this to the attention of the PRTB will open a 'can of worms' for him.

Good luck, don't give up on this you will get your money back, may just take some time, but it's worth the fight. It's great feeling when the little man wins!

Thanks for the detailed post. I dont fancy waiting around for 9 months but if thats what I have to do - I'll do it.

I told the letting agency yesterday that if I dont get it sorted by today then I'll be going to the PRTB.

I'm hoping that threat is enough to get it sorted but if I dont hear back from them I will initiate proceedings with the PRTB and start communicating via email to log my communications as currently I am only ringing their office daily.

djimi

Write a letter (not email) to the letting agent/landlord outlining your intention to persue this matter with the PRTB; use registered letter if possible. This not only gives them formal notice of your intentions, but might shake them into action a bit quicker. Its too easy for them to say they didnt recieve an email but they cant deny recieving a registered letter.

MBC1

Another thing you could do is contact Threshold. They are an agency that deal with these kind of cases all the time. Check their website they have offices in Dublin and Galway as far as I know they could have other regional offices. They will assist you in your dealings with the PRTB and any other advice that you may need with the paperwork etc. When you go to them bring your original tenancy agreement or any other paper work that you may have. Good luck with it I hope you get your money back.

johnson1

i had a similar issue and put the case to the prtb in 2010, they ruled in my favour and sent the determination order to the landlord but he still hasn't paid up.
They next step is a court hearing but even if the landlord is punished it's still no guarantee i'll get the money back. I have been on to the prtb numerous times for updates but they are swamped and the last I heard it will be several months still before anything more happens. They are a great help but if the landlord doesn't play ball its a very long drawn out process. The guy in the PRTB told me their workload has skyrocketed in recent years and thats why its taking so long.
I would reccomend getting legal advice indapendantly and if you can afford it go after them that way.

Aye Bosun

johnson1 wrote: »

I would reccomend getting legal advice indapendantly and if you can afford it go after them that way.

Unfortunatly, there is no other avenue then the PRTB. The courts will not deal with landlord/tenant issues as they take up too much time, hence the introduction of the PRTB.

thewools

Aye Bosun wrote: »

Unfortunatly, there is no other avenue then the PRTB. The courts will not deal with landlord/tenant issues as they take up too much time, hence the introduction of the PRTB.

Still no joy...:mad:

I have been promised a cheque to be posted at the start of the week... (they stressed that it will be posted and that not for collection)..

Cannot get get in direct contact with my previous landlord or letting agent owner. Both phones eiother ring out or go straight to mailbox. And every time I speak to the letting agent worker; she just talks sh1te, apologises for the delay and confuses matters even more so.

Gettign really pi$$ed off at this stage. Don't want to go down the PRTB road just yet but it looks like I have no alternative. I'm going to try ring both of the two tw@ts phones today and see if they will ever answer; if not then I'll write letters to both parties involved.

The landlord has new tenants in the house now which adds to my annoyance.... grrrrrrrrrr

ABajaninCork

I've seen so many of these non return of deposit threads, so wanted to ask a question...

If you take a case against the landlord for the repayment of the deposit, does it preclude you from taking out a small claims case as well?

Aye Bosun

http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html


The following types of consumer claims can be dealt with under the Small Claims procedure:
•Claims for the non-return of a rent deposit for certain kinds of rented properties, such as, a holiday home or a flat in a premises where the landlord also lives. The Private Residential Tenancies Board handles such claims for the mainstream private rented housing sector.

Aye Bosun

@ thewools - If I was you, I'd start the dispute with the PRTB right now, it takes sooooooo long to anything moving in there, you can always cancel the dispute in the unlikely event the landlord coughs up!

odds_on

Aye Bosun wrote: »

@ thewools - If I was you, I'd start the dispute with the PRTB right now, it takes sooooooo long to anything moving in there, you can always cancel the dispute in the unlikely event the landlord coughs up!

Write to the landlord and agent but specify a time limit (say five days in this case, as it has been dragging on so long) for the refund in full of your deposit.

If the deposit is not returned within the five days, proceed with a claim via the PRTB and also claim for damages - stress, inconvenience (not having the money available, having to repeatable contact the landlord and/or agent )etc. Damages awarded for the unjustifiable retention of a tenant's deposit are often in the several hundreds of euros, especially if the claim takes a long time. Very importantly (which most people fail to do), keep everything in writing as proof (which will be necessary for a winning claim)