Possible problems getting deposit back

skeptik

Hoping someone can help me. Am I entitled to be present while an estate agent inspects the property I've moved out of for damage? Am I entitled to with hold the keys of the apartment unless the estate agent has the money for my deposit return providing there's no damage? I left my apartment last Wednesday and the agent never bothered making time to come out and collect the keys, so after a lot of messing about and emails being sent there is supposed to be someone coming out this evening. But I got the impression she was just coming out to get the keys. I want the inspection done this evening and I want to know when I will be getting my deposit back. This is the first time I've ever dealt with an estate agent while renting and now I feel like I'm getting the run around and like they're trying to do me out of my money!

djimi

I certainly wouldnt be handing back the keys until an inspection is done and the agreed amount of the deposit has been returned. There is no reason at all why an inspection and deposit return cannot be done on the day you move out; landlords/agents who drag their heels with it are just taking the piss to be honest.

As for being there; I certainly would want to be there, but my best advice would be to go in and take as many pictues of you can of every inch of every room in the place before the inspection takes place. If they try to do you out of any of the deposit they need to have a good reason for it and be able to provide invoices/receipts for any amount they wish to deduct, and if you wish to dispute anything it helps to have as much evidence as possible as to the condition of the place when you left to back up your claims.

skeptik

djimi wrote: »

I certainly wouldnt be handing back the keys until an inspection is done and the agreed amount of the deposit has been returned. There is no reason at all why an inspection and deposit return cannot be done on the day you move out; landlords/agents who drag their heels with it are just taking the piss to be honest.

As for being there; I certainly would want to be there, but my best advice would be to go in and take as many pictues of you can of every inch of every room in the place before the inspection takes place. If they try to do you out of any of the deposit they need to have a good reason for it and be able to provide invoices/receipts for any amount they wish to deduct, and if you wish to dispute anything it helps to have as much evidence as possible as to the condition of the place when you left to back up your claims.

thank you very much. I will be asking the lady when she rings again later to have my deposit with her as I won't be handing the keys back until I get it. I always found them so helpful when I lived there, always got things fixed/replaced right away and now they are taking the piss. Maybe I should contact the landlord directly if she doesn't play ball this evening?

07734

I'm on my phone so can't find the link, but im pretty sure the ptrb says that the deposit has to be returned in "a reasonable time" or words to that effect.

Previous posters here have suggested that up to a month is reasonable, and I'd agree, as the LL might need to check that all bills are paid, and that mightn't be possible on the night. (I once lived I a place where the oil bill was a bi-monthly bill from the management agent, so it couldn't be checked on the spot.

If you don't hand back the keys the landlord might take the view that you haven't moved out, so rent would be due until you return them. It's not a risk I would take.

That said, I would insist on being there for the inspection, and for any problems to be pointed out then and there, and for you to be given a chance to put right any issues they have.

And take pictures of EVERYTHING!

djimi

Considering most people require their deposit so they can give it to their next landlord, and they cannot move into their next place without the deposit, I would say "reasonable" time in this case is 1-2 days at the absolute most. A month is outrageous; what is the tenant supposed to do in the meantime?

fasttalkerchat

07734 wrote: »

If you don't hand back the keys the landlord might take the view that you haven't moved out, so rent would be due until you return them. It's not a risk I would take.

I asked a similar question about keys a while back and got this response:

No. If you retain a key you are not returning full vacant possession to the landlord, and so you could continue to incur rent until you return it. This is potentially a matter for the PRTB. under section 78(1)(k) of the RTA.

http://www.boards.ie/vbulletin/showthread.php?t=2056335900&page=2

dearg lady

Surely if the bills are in the tenants name, then they're nothing to do with the landlord anyway?

fasttalkerchat

dearg lady wrote: »

Surely if the bills are in the tenants name, then they're nothing to do with the landlord anyway?

They have the landlord's address on them so when the next tenant goes to sign up the supplier will refuse to open an account at that address. This happened me with Airtricity. The previous tenant owed for 6 months electricity in different aliases and had disappeared.

dearg lady

fasttalkerchat wrote: »

They have the landlord's address on them so when the next tenant goes to sign up the supplier will refuse to open an account at that address. This happened me with Airtricity. The previous tenant owed for 6 months electricity in different aliases and had disappeared.

That's crazy! I've had to send a lease to prove I'm a new tenant, but otherwise had no problems opening accounts, even if there were arrears for previous tenants. Then again, I've never had to deal with Airtricity

ProudDUB

It is not a given that the estate agent will give the deposit back there and then. They don't normally carry checks and cash about with them. That would not be safe.

Last year, I did a move out inspection with an estate agent. She said every thing looked fine to her, but that the companies housekeepers/cleaners would be going out later on that day too. Getting my deposit back was conditional on what they said too. I gave her back the keys, and she said I'd receive my deposit within 48 hours.

As I paid my rent via direct deposit, that is how I got my deposit back. Even though I left the apt spotless, my deposit was minus 35 quid. The professional cleaners that went out said they had to do extra work the clean the oven. Luckily for me, the oven was a mess when I moved in and I had pictures to prove it, so I got the 35 quid back via check. I imagine that is how estate agents operate. You get the deposit back via check or bank deposit.

Take lots of pictures of the place before you hand the keys back and definitely try and be there when the inspection is being done.

djmcr

07734 wrote: »

I'm on my phone so can't find the link, but im pretty sure the ptrb says that the deposit has to be returned in "a reasonable time" or words to that effect.

Previous posters here have suggested that up to a month is reasonable, and I'd agree, as the LL might need to check that all bills are paid, and that mightn't be possible on the night. (I once lived I a place where the oil bill was a bi-monthly bill from the management agent, so it couldn't be checked on the spot.

If you don't hand back the keys the landlord might take the view that you haven't moved out, so rent would be due until you return them. It's not a risk I would take.

That said, I would insist on being there for the inspection, and for any problems to be pointed out then and there, and for you to be given a chance to put right any issues they have.

And take pictures of EVERYTHING!

Dont think one month is reasonable. A quick call to the utility companies can ascertain what bills are outstanding. You pay your deposit before you move in and it is not unreasonable to expect it when you move out. A landlord should allow the tenant to rectify any issues before deducting their money and remember that it is your money and not the landlords.

skeptik

Thanks for all the advice. It's been nearly a week now and they still haven't come out to collect the keys or do the inspection. I will be ringing Bord Gais today to sort out a letter being sent giving the agent 10 days to change the bill into whoever's name or be cut off. I would never leave anywhere owing on bills but I will not continue to pay for a place I no longer live in because the agents are too lazy to come out to look at the place. I gave nearly 7 weeks notice, someone should have made the time to come out.

djimi

Cancel your accounts with the utility companies; take a final reading from the day you moved out and give it in to them.

skeptik

djimi wrote: »

Cancel your accounts with the utility companies; take a final reading from the day you moved out and give it in to them.

I'd love to but I can't take a reading because it's an apartment complex and I don't know where the meter is. Also, I'm afraid to be too forceful about this stuff incase the agents won't give me my deposit back. I need it asap and if it gets messy and I have to start something with the PTRB it could take forever. I'm trying to be as accommodating as possible but it's starting to get me down now.

petethebrick

This is why I always use my deposit for the last months rent. I tell the agent/ landlord to bill me for any repairs with receipts. I know its not the way it is supposed to be done officially but the fact that 50% of agents/landlords are complete con artists leaves tenants with little choice...

skeptik

petethebrick wrote: »

This is why I always use my deposit for the last months rent. I tell the agent/ landlord to bill me for any repairs with receipts. I know its not the way it is supposed to be done officially but the fact that 50% of agents/landlords are complete con artists leaves tenants with little choice...

I've done that with landlords before but stupidly I thought because I was dealing with a supposed professional company this time I wouldn't have any hassle. Maybe I'm blowing this out of proportion and it'll be all done and dusted by the end of the week but and I said before I gave more than 6 weeks notice so one of them should have made time to come out on the day and collect the keys and do the inspection. I gave notice in an email, not writing, which I still have. It clearly states from one of the agents that there is no need to give it to her in writing. Surely this should be ok?!