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rental dispute, need deposit back

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  • 31-08-2013 12:51pm
    #1
    Ls87
    Closed Accounts Posts: 39 ✭


    hi
    really need any advice at all on this matter, very urgent.

    This week me and my boyfriend start renting a new flat, the old tenants were movin out before their lease was up so it was up to them to find tenants, view the flat to them and take the deposit, as their deposit back (landlord told us to do this) we knew the flat was gonna need a bit of cleanin, coz the old tenants were, puttin it nicely, ABSOLUTE SCUM OF THE EARTH KNACKERS, after a few hours here, cleanin and unpackin we start findin things, important&essential things, are broken. The washing machine, the hobbs on the cooker, the shower drain is blocked, the door is broke so the floor gets drenched...theyre just the main things but theres a million others....
    Been tryin to contact landlord all week, who runs a shop across the road, he's busy, he's away...Quickly saw he didnt give a ****. Told him there on the phone that we want to be reimbursed for all the cleaning products we had to buy and for the launderette, he said no, he said we should never have given the old tenants our money and he's within his rights to put us out. He said with the place bein as bad as it is it should be vacant till its fixed up...But we were told to just give it to them...
    Havent signed a lease yet but those dirty lyin little scruffs have 860euro (deposit plus one weeks rent upfront) of our money and he says whats the point in goin after them, its our own fault!!!!
    Contacting threshold and citizens info on monday.
    Any advise please, im freakin out here!!!


Comments

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    #2
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    It sounds like it is your own fault. Why didn't you check the place out properly?


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    #3
    RossieMan
    Registered Users Posts: 6,766 ✭✭✭RossieMan


    Giving money to the previous tenants? sounds like you were taking for a ride, OP.


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    #4
    Ls87
    Closed Accounts Posts: 39 ✭Ls87


    we were told to give it to them and we couldnt see all the problems till we actually start using things, washing machne, cokker, shower etc...


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    #5
    jlm29
    Registered Users Posts: 3,818 ✭✭✭jlm29


    Op, the landlord isn't obliged to give you back your deposit. You're either going to have to put up with it, foresake the deposit, or reassign the lease. Though I suspect you won't find anyone else silly enough to make the mistake you did. At least you only paid a weeks rent, and not a months


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    #6
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    The landlord is obliged to carry out repairs within a reasonable period of time. If he doesn't you can open a case against him with the PRTB, or to your local authority's housing officer.
    Told him there on the phone that we want to be reimbursed for all the cleaning products we had to buy and for the launderette
    In general the landlord is not liable for these costs, only for the costs of the repair itself.
    and he's within his rights to put us out.
    No he's not.


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    #7
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Ls87 wrote: »
    Havent signed a lease yet but those dirty lyin little scruffs have 860euro (deposit plus one weeks rent upfront) of our money and he says whats the point in goin after them, its our own fault!!!!
    Unfortunately, you gave the landlord no deposit, and even if he was to give any back, it'd be after he used it to fix any and all things wrong with the house first (which, as you never saw it beforehand, could be everything and anything). I'd advise you hunt down the previous tenants, and get our money back, as it seems you taken for a fool!


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


    You have been taken for a ride here unfortunately. The landlord has the deposit to cover the tenancy which is now in your name, and you have basically inherited the damage caused by the previous tenants. Never, under any circumstances, should you hand over a deposit to the previous tenants when taking over a tenancy; you deal with the landlord and only the landlord, and you let the previous tenants square off their deposit with the landlord before leaving, including an inspection and deductions for any damage caused.

    You need to contact Threshold for advice and see what they say. Im not sure that you are going to have much joy to be honest, but I wish you the best of luck and hope it works out well for you.


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    #9
    Ls87
    Closed Accounts Posts: 39 ✭Ls87


    what if the landlord isnt registered with the prtb? can he get in trouble for that?...we were told to give the money to the old tenants, i found that weird too but landlord just said give it straight to them as their deposit back!


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    #10
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    The landlord could get fined for not being PRTB registered, but it would be a seperate issue from yours and would have no bearing on the outcome.

    What is the landlords intetion? Does he expect you to get the deposit back from the next tenants, or is he just being a lazy prick and trying to lump you with the damage that the previous tenants caused?


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    #11
    Ls87
    Closed Accounts Posts: 39 ✭Ls87


    well if he got fined that would make me very very happy! if im going donw hes coming with me.

    i have no idea, im not finding new tenants...he's refusing to fix anything basically, says we shouldnt of moved in if it was like this, like i was meant to ask to use their cooker, washing machine and shower before handing over money....


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    #12
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Ls87 wrote: »
    well if he got fined that would make me very very happy! if im going donw hes coming with me.

    i have no idea, im not finding new tenants...he's refusing to fix anything basically, says we shouldnt of moved in if it was like this, like i was meant to ask to use their cooker, washing machine and shower before handing over money....

    Hes very very unlikely to get fined not having a tenancy registered. Unless hes been a massive repeat offender he will just be told to register the tenancy so its gonna cost him 90 euro.

    You were very very foolish and stupid OP. Giving a deposit to anybody but the LL is asking for trouble. As has been said you have inherited the problem of the damage and as such you have no recourse for getting your deposit back.


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    #13
    djmcr
    Closed Accounts Posts: 237 ✭✭djmcr


    Have ye a receipt for the deposit


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    #14
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    Ls87 wrote: »
    i have no idea, im not finding new tenants...he's refusing to fix anything basically
    He is obliged to fix it. Contact the PRTB and your local authority housing standards officer.


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    #15
    Ls87
    Closed Accounts Posts: 39 ✭Ls87


    we opened a case with the prtb today. They say we have a very good chance of getting our deposit back. Also asked the landlord, again, to fix everything, in writing (text message) this time for proof.


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    #16
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Ls87 wrote: »
    They say we have a very good chance of getting our deposit back
    From who? If it does swing your way, it'll be interesting, as this sort of carry-on (give deposit to the person leaving) happens in Ireland.


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