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Deposit back from the agency

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  • 12-06-2013 9:52am
    #1
    annanj
    Registered Users Posts: 17 ✭


    Hi everyone,

    I am not from Ireland and I have a problem with getting my deposit back from the agency. Basically we rented a house for a year and moved out (the landlord live abroad and agency was ignoring all our needs, a lot of broken things that we didn't see on the viewing. Health & Safety issues that were ignored for a half year untilI said we will move out before the end of the lease etc etc etc). Anyway, we moved out and left a key, the gas/electricity was paid by the agency (I guess from our deposit), this is ok. But now it is 6 weeks and we have not received anything (And it was stated that it will take 7 days). I emailed to the agency again and been told that they no longer manage this property and I can place the dispute thing on PRTB... Basically this mean they (again) not interested in helping us and we can deal with this by ourselves. I am extremely upset now and have no idea how to go about this. I rang treshholds who advised it is the agency who responsible for it. I surely will get no money back as landlord is hell knows where. I feel this is not my responsibility to chase the landlord as I gave the money to the agent,not the landlord... Can you please advise? We live here 12 years and never had a trouble like that. Thanks in advance.


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Have you got a receipt for the deposit? If so, who is it from?

    It is a legal requirement of the landlord to provide you with their contact details, or the contact details of the agent who will look after the property. If the agent that you were dealing with no longer looks after the property then you need to chase down the landlord. The agent should surely have their contact details?

    It sounds like it might be worth opening a case with the PRTB now regardless; this could end up being a length process.


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    #3
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Actually, just one thing to clarify; did you actually see out the full term of the lease, and when you moved out did you notify anyone or did you just leave the keys and move out? This is not clear from your post.


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    #4
    annanj
    Registered Users Posts: 17 ✭annanj


    DJIMI,

    Thanks for your reply. I must check if I have the recepts, we gave a month notice to them. The thing is that I don't know if landlord would pay a deposit back, she was ignoring us all year long, I doubt it will change....


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    #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    annanj wrote: »
    DJIMI,

    Thanks for your reply. I must check if I have the recepts, we gave a month notice to them. The thing is that I don't know if landlord would pay a deposit back, she was ignoring us all year long, I doubt it will change....

    You gave a month's notice, but was it the end of the agreement or was there still a few months left in the contract?

    Did you arrange for an inspection of the property before you vacated?


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    #6
    annanj
    Registered Users Posts: 17 ✭annanj


    We stayed full year (13 months actually).


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    #7
    annanj
    Registered Users Posts: 17 ✭annanj


    odds_on wrote: »
    You gave a month's notice, but was it the end of the agreement or was there still a few months left in the contract?

    Did you arrange for an inspection of the property before you vacated?


    Inspection was done, nothing said about extra payments/repairs etc. Just gas/electrisity was paid in full (i guess from the deposit), then silence for weeks, my email to them, then agent said she will contact the landlord, then silence for weeks, and now she say they don't deal with the property....


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    #8
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    It sounds like you are going to have to go through the PRTB then.

    I would be getting onto the agent that you were dealing with and looking for your landlords details. They must have some way of contacting them.


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    #9
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    annanj wrote: »
    Inspection was done, nothing said about extra payments/repairs etc. Just gas/electrisity was paid in full (i guess from the deposit), then silence for weeks, my email to them, then agent said she will contact the landlord, then silence for weeks, and now she say they don't deal with the property....

    If they dealt with the property at the time that you moved out then they must give you back your deposit; it doesnt matter that in the meantime they have stopped dealing with the property. I took you initially to mean that they had stopped dealing with the property before you moved out.

    I would contact Threshold again and the PRTB and seek advice from them. It might be that the agent just needs a bit of a kick up the arse, but Threshold are usually quite good with assisting with these situations.


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    #10
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    annanj wrote: »
    We stayed full year (13 months actually).
    If you were there more than one year but less than two years you are required to give 42 days notice.

    Therefore, you may be liable for two weeks rent, plus utilities


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    #11
    annanj
    Registered Users Posts: 17 ✭annanj


    odds_on wrote: »
    If you were there more than one year but less than two years you are required to give 42 days notice.

    Therefore, you may be liable for two weeks rent, plus utilities

    We have agreed on one extra month, they had no problem with this. And they were showing the house to other people while we still were living there. So I guess something happened between themand landlord after we left.


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    #12
    annanj
    Registered Users Posts: 17 ✭annanj


    djimi wrote: »
    If they dealt with the property at the time that you moved out then they must give you back your deposit; it doesnt matter that in the meantime they have stopped dealing with the property. I took you initially to mean that they had stopped dealing with the property before you moved out.

    I would contact Threshold again and the PRTB and seek advice from them. It might be that the agent just needs a bit of a kick up the arse, but Threshold are usually quite good with assisting with these situations.


    I hope so, thank you very much!


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    #13
    annanj
    Registered Users Posts: 17 ✭annanj


    guys, this is what I got:


    The letter we sent to you was a letter our software generates itself when a tenant is moving out (About deposit back in7 days). I have pointed out the error in this to the IT department and asked them to change this if possible. We did not know at the time of the inspection that the property was being taken back by the landlord but we would have no reason to notify you of this anyway.



    Unfortunately because of data protection I would not be able give you the landlords details.



    The PRTB would be your best chance of getting your deposit back if the landlord does not return it to you.

    ----It was also said she sent our deposit to the Landlord 2,5 weeks before we moved out, is this a common practice? if so, why? If deposit should be returned to us, why would they send it to landlord?


    Is this all mean, I might never get my 1250 euro back if landlord will not reply or give me the money back?


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


    If the agent was the only point of contact that you ever had, and you were never given the landlords details, then it is my understanding that all of your legal dealings are with the assigned agent. Im not at all convinced that the agent is free to walk away from this, but I would strongly urge you to seek some kind of legal advice about this matter.


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    #15
    annanj
    Registered Users Posts: 17 ✭annanj


    djimi wrote: »
    If the agent was the only point of contact that you ever had, and you were never given the landlords details, then it is my understanding that all of your legal dealings are with the assigned agent. Im not at all convinced that the agent is free to walk away from this, but I would strongly urge you to seek some kind of legal advice about this matter.


    Thank you again, I will contact treshold one more time, they already have all my details. I can't believe this is hapenning. :-(


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    #16
    Chris_5339762
    Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    Unfortunately because of data protection I would not be able give you the landlords details.

    Thats a load of rot. The tenant has to be furnished with the landlords details, its the law!


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    #17
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Chris_5339762 wrote: »
    Thats a load of rot. The tenant has to be furnished with the landlords details, its the law!

    Landlord's Obligations RTA 2004 Section 12 para 1:
    (e) notify the tenant of the name of the person, if any, (the
    ‘‘authorised agent’’) who is authorised by the landlord to
    act on his or her behalf in relation to the tenancy for the
    time being,
    (f) provide to the tenant particulars of the means by which the
    tenant may, at all reasonable times, contact him or her or
    his or her authorised agent,

    The landlord's name would normally be on a lease agreement and an address to where any (legal) notices may be served. However, if the landlord is resident outside the state, he may employ an agent whose details must be provided.

    In England and Wales, rent does not have to be paid if there is no address within England or Wales.


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    #18
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    odds_on wrote: »
    In England and Wales, rent does not have to be paid if there is no address within England or Wales.

    Who told you that??? If there's a Sterling bank account and the deposit is in a Government registered scheme, then it does NOT let the tenant off the rent. Like Ireland, all the tenant needs are either the LL's or agent's details! Doesn't have to be in the UK either.


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    #19
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    ABajaninCork wrote: »
    Who told you that??? If there's a Sterling bank account and the deposit is in a Government registered scheme, then it does NOT let the tenant off the rent. Like Ireland, all the tenant needs are either the LL's or agent's details! Doesn't have to be in the UK either.
    This applies to England and Wales only:
    Tenants are entitled to know the address of their landlord...
    An important aspect of Residential letting in England & Wales is the necessity to supply the tenant with an address for service of notices and for the reporting of defects and repairs etc.
    Under the requirements of section 48 of the Landlord & Tenant Act 1987 rent is not lawfully due unless the tenant has been given, in writing, an address in England and Wales at which notices can be served.
    It is usual that the tenancy agreement clearly states the landlord's address for service of notices.......
    ....
    Where the landlord resides abroad, then the landlord must supply an address for an agent in England & Wales.



    http://www.landlordzone.co.uk/landlord%27s_address.htm


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    #20
    Kneeam
    Registered Users Posts: 4 ✭Kneeam


    Click on the link below and select the searchable excel register. Your letting agency should be listed on the register as all property service providers in Ireland are now required to be licenced.

    http://www.psr.ie/website/npsra/npsraweb.nsf/page/publications-licensees-en

    You can then try to make a complaint to the Property Services Regulatory Authority (PSRA) about the agent quoting their licence number (you'll find it on that register).

    It is licence renewal season so threatening the letting agent with this complaint may prompt a different reaction from them.

    If they are not licenced then contact the PSRA and report them for operating without a licence.


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    #21
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    Kneeam wrote: »
    If they are not licenced then contact the PSRA and report them for operating without a licence.
    Don't forget to remind them that it's a serious criminal offence with a five year jail term to operate as a letting agent without being licensed by the PSRA:
    PART 3
    Licences to Provide Property Services
    28.
    — (1) A person shall not
    —
    (a) provide a property service,
    (b) hold himself or herself out as available to provide a property service, or
    (c) represent himself or herself by
    —
    (i) advertisement, or
    (ii) displaying any card or other object purporting to indi-cate that he or she is a licensee, as available to provide a property service, unless the person is the holder of a licence which is in force in respect of that property service.
    (2) A person, other than a licensee, who contravenes subsection (1) is guilty of an offence and liable
    —
    (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
    (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.


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