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Letting Agent vs. Landlord Deposit?

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  • 13-04-2012 9:18am
    #1
    IrishZeus
    Registered Users Posts: 1,887 ✭✭✭


    Hi,

    Have had a look but could not find a thread around this.

    I moved out of my apartment 3 weeks ago today. We were checked in a year ago by a letting agent and checked out three weeks ago by the same agent. Agent recommenced to the landlord that the full €950 deposit minus 15 being returned so total of €935 which we agreed to. (Clearner required for half hour for one or two small bits, otherwise place was left cleaner that when we moved in!)

    We are seriously stuck for the deposit having now moved into new place.

    My questions are:
    Who is responsible for returning deposit? (Paid to agent originally)
    What is a reasonable timeframe? (Everywhere seems to say it should be returned promptly but no actual timeframe)
    What can PRTB do in this case? Are their penalties to the landlord if I went down this route? (Don't want to do this but might come to it)

    Thanks all,

    P.


Comments

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    #2
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    Personally, I would sit in the agents office and would not leave until they handed me the deposit back.
    Agents rely on peoples inability to stand up for themselves.


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    #3
    IrishZeus
    Registered Users Posts: 1,887 ✭✭✭IrishZeus


    But is it their responsibility to give it back to me or is it up to the landlord?

    I have no issue standing up for myself and have already considered calling in to them but I want to arm myself with a bit of knowledge before going in. No point sitting there if it is up to the landlord to give it back to me.


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    #4
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    Who did you pay your rent to?


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    #5
    IrishZeus
    Registered Users Posts: 1,887 ✭✭✭IrishZeus


    Original deposit was paid to the agents bank account.

    Rent itself was paid to the landlords account.

    So in my eyes the agent is responsible for returning it but they have told me otherwise. Any ideas?


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    #6
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Reasonable time frame is the day you hand back the keys and no later. There is absolutely no reason for them to delay beyond that; especially if they have already checked the place over and agreed an amount to be returned.

    If you paid the money to the agent then you get the money back from the agent. Personally I would never hand back the keys until I have my money back in my hand, but as this is not an option for you I would camp in the agents office until you get your money back.


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    #7
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    Have you contacted the agent or landlord ? Reading your post it sounds like you haven't attempted to get your deposit in the last 3 weeks.


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    #8
    IrishZeus
    Registered Users Posts: 1,887 ✭✭✭IrishZeus


    I've been chasing the agent constantly for the past 3 weeks and they are saying that its the landlord delaying it.

    Just tried the direct number I was given (on the contract) for the landlord and it went through to the agents office! Ridiculous!

    Have checked with Threshold and they have given us letters to issue to both agent and landlord. PRTB will then be contacted next Friday as they suggested 4 week period has expired.

    Extremely annoyed with this happening considering the apartment was left in excellent condition and there were never any issues.


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    #9
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    The landlord is responsible for the deposit as it is with the landlord that you have your agreement. The agents are just that - agents for the landlord.
    You may have paid your"deposit" to the agents, who may have had an agreement with the landlord that they keep that amount as their fee. It is still the landlord's responsibility to repay the deposit either directly or via the agent.

    Were the utilities in your name?
    Have you given the landlord your new address?


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    #10
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    When you gave the deposit to the agent, did you get a receipt?

    Pop down to the agents office with a billboard and a bell, and keep ringing it until they give you your deposit. Three weeks is a f**king joke!


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    #11
    Gandhi
    Registered Users Posts: 976 ✭✭✭Gandhi


    Have you checked if your lease mentions it? My lease specifically says that I (the landlord) hold the deposit and I am responsible for returning it to the tenants. I am in the US where things seem to be a bit more formalized, but it you went through an agency, it is possible that the lease does cover all the little details like that.


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    #12
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    Sooner the better there is a bonded deposit scheme where deposits are held in a separate secure account, perhaps with PRTB.

    It's the LL that you should be chasing, normally the agent takes their fees from the deposit, and the LL is responsible for repaying the deposit. The agent doesn't really care at this stage, they have been paid. It's the LL you should be threatening with PRTB and threshold.


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    #13
    katisha
    Closed Accounts Posts: 8 ✭katisha


    the_syco wrote: »
    When you gave the deposit to the agent, did you get a receipt?

    Pop down to the agents office with a billboard and a bell, and keep ringing it until they give you your deposit. Three weeks is a f**king joke!

    I'm a letting agent. We don't hold the deposits, so there's no point in doing this.

    Go straight to the PRTB OP. Do threaten the landlord with this first as if he's not registered with them he'll get a 3k fine and you'll probably sort it out just by threatening. If you need any advice give me a shout.


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    #14
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    It depends on the situation with the landlord. In my case our landlord lives in the US; we have had no contact with her whatsoever and all of our contact has been through the agent, who also took our deposit and collects our rent. As far as Im concerned when I move out I will be collecting my deposit back from the agent; where they get the money from is not my problem. My reciept for the deposit is signed by the agent, not the landlord. There is no way I would entertain the idea of trying to deal with my landlord in the US in order to get my deposit back.


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    #15
    katisha
    Closed Accounts Posts: 8 ✭katisha


    Well obviously your letting agent is also managing the property, in which case when the landlord sends you them the deposit then they'll pass it on to you. They are still not liable if the landlord decides not to pay up.

    If oyu go onto the PRTB site you will see that the PRTB takes many cases against landlords for withholding deposits and if the case against the landlord is successful you may also be awarded damages too. Its well worthwhile going to them and all you as a tenant pay is 25 euro to open the case, that will be refunded to you with a successful outcome.


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    #16
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    katisha wrote: »
    Well obviously your letting agent is also managing the property, in which case when the landlord sends you them the deposit then they'll pass it on to you. They are still not liable if the landlord decides not to pay up.

    If oyu go onto the PRTB site you will see that the PRTB takes many cases against landlords for withholding deposits and if the case against the landlord is successful you may also be awarded damages too. Its well worthwhile going to them and all you as a tenant pay is 25 euro to open the case, that will be refunded to you with a successful outcome.

    In order to secure damages in any claim with the PRTB, it is best to include that in the claim - damages for inconvenience, upset, distress, and anxiety etc.

    You will find that in many claims no damages are mentioned - make sure you claim for them - no need to ask for an amount, the adjudicator will do that.


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