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Deposit paid to owner but now in Receivership

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    #32
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Deleted User wrote: »
    In a similar situation and when discussing the deposit with the new agency appointed by the receiver I was told "it's between you and the original agency". The original agency I rented off transferred over 90 euro of the original deposit which the new agency took to pay an outstanding ESB bill belonging to one of the other tenants. When I questioned them about using the 90 euro I got a "what are you going to do about it" reply and a thinly veiled threat that I'd be evicted if I made too much hassle over it.


    What you were told is nonsense. The Act designates the landlord as the person entitled to the rent. The receiver has become the landlord by asking for the rent. He is thus obliged to return the deposit. Make sure that he has registered himself with the PRTB.


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    #33
    elephant85
    Registered Users Posts: 128 ✭✭elephant85


    A quick update..

    We contacted the agency and asked them the situation on the deposit. They rang me back and said that they would honour the deposit. I asked them to confirm this in writing.

    After a couple of days of not receiving this written confirmation I sent her an email reminding her. At this point we had not mentioned moving out. She again rang me and asked me to scan in a copy of the receipt and that they would provide written confirmation once they'd received it.. so I scanned it in and sent it off.. and nothing! So having rang a number of times on Good Friday (I was working.. my guess is that she wasn't!) I decided to let her know that we were moving out.

    So I emailed her and informed her that we'd be moving out at the end of the month. I also said that until we had written confirmation that they would refund the deposit in full on our moving out (dependent of course on the house being left in perfect condition) that we were reluctant to pay last months rent.

    We didn't hear anything back until late last week when she rang me again and said yeah.. no bother they'd pay the deposit. Again I asked for written confirmation.. as of yet.. nothing..

    In fairness all communication has been very polite and friendly even.. I'm not sure they're too bothered as an offer was finally accepted on Friday on the building. she just asked that we be co-operative with new owner if he wanted to view our house and also to allow perspective tenents to view it also....

    So as it stands, we've not paid the final months rent. though if we get written confirmation we will!

    Thanks everyone for your advice.


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    #34
    Joe Hart
    Closed Accounts Posts: 358 ✭✭Joe Hart


    elephant85 wrote: »
    A quick update..

    We contacted the agency and asked them the situation on the deposit. They rang me back and said that they would honour the deposit. I asked them to confirm this in writing.

    After a couple of days of not receiving this written confirmation I sent her an email reminding her. At this point we had not mentioned moving out. She again rang me and asked me to scan in a copy of the receipt and that they would provide written confirmation once they'd received it.. so I scanned it in and sent it off.. and nothing! So having rang a number of times on Good Friday (I was working.. my guess is that she wasn't!) I decided to let her know that we were moving out.

    So I emailed her and informed her that we'd be moving out at the end of the month. I also said that until we had written confirmation that they would refund the deposit in full on our moving out (dependent of course on the house being left in perfect condition) that we were reluctant to pay last months rent.

    We didn't hear anything back until late last week when she rang me again and said yeah.. no bother they'd pay the deposit. Again I asked for written confirmation.. as of yet.. nothing..

    In fairness all communication has been very polite and friendly even.. I'm not sure they're too bothered as an offer was finally accepted on Friday on the building. she just asked that we be co-operative with new owner if he wanted to view our house and also to allow perspective tenents to view it also....

    So as it stands, we've not paid the final months rent. though if we get written confirmation we will!

    Thanks everyone for your advice.

    Entirely up to you but why would you want gangs of strangers poking around your home?


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    #35
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    elephant85 wrote: »
    So as it stands, we've not paid the final months rent. though if we get written confirmation we will!

    Thanks everyone for your advice.

    After the lack of responsiveness when you're trying to do the right thing, do you really want to be chasing them for the deposit ? It sounds like they really don't care if you just offset the rent.


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    #36
    RasTa
    Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    smccarrick wrote: »
    Its the law.
    If you don't pay it- you become a debtor to the company in receivership.
    The receiver is in a very strong position to lob a claim against you- and he would succeed.

    I don't care whether you like it or not- it is the law, period.

    What is most likely- the receiver would sell the debt to a debt collection company- who would pursue the claim independently of the deposit. Its what BOI and some other lenders are doing with their rent receivers at the moment.

    0 chance that would happen and I mean 0 if there is no issues with the house and they have the deposit. You have left out common sense in the post, maybe you're not a landlord I dunno. Do you have any idea how much court proceedings cost?


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