Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Withheld Deposit

Options
  • 14-07-2012 3:41pm
    #1
    Uberbeamerman
    Registered Users Posts: 290 ✭✭


    Hi all,
    I'm a third level student having trouble getting my deposit back from my landlord.
    I rented an apartment for the college year starting last september and ending last june.
    I gave my landlord the months notice that we intended to move out (as the academic year had ended).
    I sent a text to him the day I moved out with the following

    Hey (Landlord),
    I'll be moving out of (the apartment) today, the 31st of may.
    Could you leave me know how much I have left in my deposit and when I will be able to get it back.
    Thanks

    I sent a text the following tuesday the 5th of june (because I didn't hear back from him)

    Hey (Landlord)
    I moved out of (the apartment) last friday the 31st of may.
    I'd appreciate it if you could get back to me regarding the deposit when it suits.
    Thanks.

    Again no response so I sent another one on June the 13th

    Hi (landlord)
    Could you get back to me at some stage regarding my deposit at (the apartment) please.
    Thanks.

    I got a response of "will do this week" but by the 28th of June I had yet to get anything in the post or through my bank so I sent him another text to which he didn't reply.

    Hey (landlord),
    Did you get a chance to sort out my deposit yet?

    In the end I rang him on the 5th of July and he told me that he no longer worked there and to get lost.
    I asked him for details of the management company and he hung up.

    I emailed the apartment complex 6 days ago and have yet to receive a response.
    Dear Sir/Madam.

    My name is ... and I was a resident in .... during the college year '11-'12
    I have yet to receive the refundable portion of my deposit which was paid as part of the contract of accommodation.
    I have spoken to Mr .... the landlord I dealt with during my time as resident, and gather that the property no longer falls under his tenure.
    Could you please get back to me at a time that is convenient regarding my deposit.

    Yours Sincerely, 


    Where to from here?


Comments

  • Options
    #2
    whippet
    Registered Users Posts: 7,686 ✭✭✭whippet


    Here is a radical idea ... How about using your phone's primary function and make an actual phone call to someone who might be able to help.

    A two minute phone call could contain as much information as a 100 text messages.


  • Options
    #3
    Uberbeamerman
    Registered Users Posts: 290 ✭✭Uberbeamerman


    Tried and tried again. He never picked up so i had to resort to text message.
    He was never on the property either so I couldn't meet him face to face.
    I tried ringing the landline and there was no answer.
    I tried emailing them and got no answer.
    When I eventually got through he told me it wasn't his problem and hung up on me.
    The reason I am on here whippet, is to find out WHERE DO I GO FROM HERE?WHO DO I RING TO HELP? If i wanted a smart answer I'd have gone to after hours.


  • Options
    #4
    miller50841
    Closed Accounts Posts: 1,525 ✭✭✭miller50841


    Hi OP ring PRTB or Threshold look up their sites on net they will help you out just have all your details and hope you took pics and that when you were leaving so it can't be said you damaged the place some our good at trying to get more money.

    I have had trouble myself rented a house not a student but same rules apply.
    Hope this helps.

    Goodluck


  • Options
    #5
    miller50841
    Closed Accounts Posts: 1,525 ✭✭✭miller50841


    Let us know how you get on:)


  • Options
    #6
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    Get a phone number for the complex. Ideally you could call in for the money but if you have to travel it might be too much hassle.


  • Advertisement
  • Options
    #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    What type of lease did you have - fixed term?
    What was the start date of the term and what was the finish date of the term of the lease?


  • Options
    #8
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    So who is the landlord? Who owned the apartment? Is the person you were contacting just the letting agent?

    In your lease it should give details of the landlord, not just the letting agent.
    If it is a standard apartment the management company is not the landlord, and will not get involved with disputes such as this. It may be different in student accommodation. The student welfare section of your college may be more appropriate to contact if it was student accommodation.


  • Options
    #9
    Uberbeamerman
    Registered Users Posts: 290 ✭✭Uberbeamerman


    Ok so folks sorry for the long absence...the landlord has left along with the deposits....nobody that stayed there last year is getting anything back and the place is no longer taking in students. The majority of rented apartments have been put up for sale and the phone line and email is going unanswered.


  • Options
    #10
    miller50841
    Closed Accounts Posts: 1,525 ✭✭✭miller50841


    Fair play for getting back so does this mean your dropping it or are you going chase it up with a Solicitor or Threshold or PRTB


  • Options
    #11
    jd
    Registered Users Posts: 5,700 ✭✭✭jd


    Uberbeamerman wrote: »
    Ok so folks sorry for the long absence...the landlord has left along with the deposits....nobody that stayed there last year is getting anything back and the place is no longer taking in students. The majority of rented apartments have been put up for sale and the phone line and email is going unanswered.

    What do you mean he has left? Was the block owned by him, or just some of the apartments there ? Or was your apartment owned by a company?


  • Advertisement
  • Options
    #12
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    miller50841 wrote: »
    Fair play for getting back so does this mean your dropping it or are you going chase it up with a Solicitor.....


    Why do people think that a solicitor is a viable option in this case?
    Please sfow me one solicitor in the country who will take this case.

    Do you know that solicitors do not work for free? Given the situation described by the OP, you would be looking at a €4000 retainer to recover a €500-1000 deposit.


  • Options
    #13
    jd
    Registered Users Posts: 5,700 ✭✭✭jd


    PRTB would be a better option...


  • Options
    #14
    Dannyg90
    Registered Users Posts: 102 ✭✭Dannyg90


    I might be wrong but it sounds like the op signed a longer lease but just gave notice before it ended because the academic year ended which would mean the landlord is allowed to keep the deposit?


  • Options
    #15
    miller50841
    Closed Accounts Posts: 1,525 ✭✭✭miller50841


    Pkiernan wrote: »
    Why do people think that a solicitor is a viable option in this case?
    Please sfow me one solicitor in the country who will take this case.

    Do you know that solicitors do not work for free? Given the situation described by the OP, you would be looking at a €4000 retainer to recover a €500-1000 deposit.

    Im owed nearly €5000 and solicitor is costing €400 but the costs are been put to the other side as they are in the wrong I only gave the op a few options.
    I did say try Threshold and then PRTB.


  • Options
    #16
    AnonoBoy
    Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    Dannyg90 wrote: »
    I might be wrong but it sounds like the op signed a longer lease but just gave notice before it ended because the academic year ended which would mean the landlord is allowed to keep the deposit?

    Where did he say he signed a longer lease?

    Threshold is the first port of call. Then PRTB - although that will take nearly a year to get through.

    Small claims court is also an option. No need for a solicitor.

    Just make sure you're after the right person. Did the landlord operate the flats personally or was he acting on behalf of a company?


  • Options
    #17
    Uberbeamerman
    Registered Users Posts: 290 ✭✭Uberbeamerman


    My landlord was the manager of the complex (but as far as I know there was a management company) He dealt with all tenants of the complex. The complex was advertised to students as student accommodation and my contract was for the academic year. I gave the landlord 28 days notice of my intention to leave, as well as a week before, as well as the day I was leaving. From what I've heard NOBODY that stayed there is getting ANY of their deposit back. My flatmate is the same boat as me (he is getting nothing refunded to him), and the apartment was left in perfect order.

    I have emailed Threshold and I have sent a letter by registered post to the complex saying that I haven't gotten my deposit back and I intend referring the matter to the PRTB if I haven't heard back from them within 5 working days. I'm staying away from solicitors for the simple reason they cost money and its something I don't have a lot of. Suppose Small Claims Court is an option but I'll wait and see what Threshold have to say and if the letter gets a response.


  • Options
    #18
    jd
    Registered Users Posts: 5,700 ✭✭✭jd


    Uberbeamerman wrote: »
    my contract was for the academic year.
    Have you a copy of the contract?

    I presume this is in Athlone (going by your previous posts) and it is section 50 accommodation ?


  • Options
    #19
    Uberbeamerman
    Registered Users Posts: 290 ✭✭Uberbeamerman


    have a copy of the contract and I'm not sure if the apartment was section 50


  • Options
    #20
    jd
    Registered Users Posts: 5,700 ✭✭✭jd


    Uberbeamerman wrote: »
    have a copy of the contract and I'm not sure if the apartment was section 50

    And who exactly is the contract with?


  • Options
    #21
    Uberbeamerman
    Registered Users Posts: 290 ✭✭Uberbeamerman


    The management company


  • Advertisement
  • Options
    #22
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    it sounded like you gave him zero notice?

    Hey landlord, wheres my deposit, i moved out

    whats in your lease contract?


  • Options
    #23
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    Merch wrote: »
    it sounded like you gave him zero notice?

    Hey landlord, wheres my deposit, i moved out

    whats in your lease contract?
    This:
    Uberbeamerman wrote: »
    I gave the landlord 28 days notice of my intention to leave, as well as a week before, as well as the day I was leaving


  • Options
    #24
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    fasttalkerchat wrote: »
    This:

    my bad,
    so I still wonder what the contract was though, if it was fixed term for longer the OP may still be wrong, is it definitely for the academic year, if so then PRTB?

    If this is done in conjunction with the college, students union any help, do they have permanent support staff?


  • Options
    #25
    Uberbeamerman
    Registered Users Posts: 290 ✭✭Uberbeamerman


    Merch wrote: »
    my bad,
    so I still wonder what the contract was though, if it was fixed term for longer the OP may still be wrong, is it definitely for the academic year, if so then PRTB?

    If this is done in conjunction with the college, students union any help, do they have permanent support staff?

    SU couldn't do anything for me apart from advise me to contact the likes of threshold. They refuse to register the place on their accommodation list as there is so many people giving out about the place...something I didn't know when I was moving in...


  • Options
    #26
    miller50841
    Closed Accounts Posts: 1,525 ✭✭✭miller50841


    Uberbeamerman wrote: »
    SU couldn't do anything for me apart from advise me to contact the likes of threshold. They refuse to register the place on their accommodation list as there is so many people giving out about the place...something I didn't know when I was moving in...

    As I said before you must check with Threshold then they will probably advise you to contact PRTB.

    I sent the letter that threshold advised to send didnt get a reply for over 2 weeks got a letter and a check in post today now its only half my deposit but was very surprised but I am still chasing for the rest.

    OP keep at them dont stop till you get whats yours.


  • Options
    #27
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Merch wrote: »
    my bad,
    so I still wonder what the contract was though, if it was fixed term for longer the OP may still be wrong, is it definitely for the academic year, if so then PRTB?

    If this is done in conjunction with the college, students union any help, do they have permanent support staff?

    In post #7, I asked the same, but OP did not reply. Unless we have all the information, we cannot give correct advice.
    What type of lease did you have - fixed term?
    What was the start date of the term and what was the finish date of the term of the lease?


  • Options
    #28
    Uberbeamerman
    Registered Users Posts: 290 ✭✭Uberbeamerman


    Hi all,

    My apologies for the radio silence, just to leave people know how things panned out....
    To put an end to the story, the landlord took all the deposits and ran/left the business entirely...nobody got anything back in the end.
    The 'contract' that I was given I gave to the students union to look at and it turns out its useless..a sham of a document..
    It was an annoying experience but what can I do only learn from it. Thankfully the landlord I'm currently renting from is a lot more professional and does everything by the book (registered with the PRTB etc)

    Thanks everyone for the responses
    Uberbeamerman


  • Options
    #29
    Chris_5339762
    Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    Thanks for the update. Make sure this guy is reported to the PRTB/threshold. I'm not sure the guards would help at all but a massive deposit grab over multiple people may interest them. They won't get involved with one deposit retention but maybe they will take an interest if a load of people reported the same man.


Advertisement