Leaving rental, Use last month as deposit?

The_Morrigan

Thomas D wrote: »

What is stopping me?

Your obligations as a tenant under the RTA and more than likely your contract with the landlord. It's also a really pissy thing to do as the deposit is to ensure the landlord is not left short if you have broken something or left unpaid bills.
I'm sure if the landlord was breaching his obligations you'd be calling for blood!

Grandpa Hassan

Thomas D wrote: »

My job reference is the only thing needed abroad and I'll be buying in 6 months. I also have 3-4 rental references here already.

Geez...:I'm out. A good illustration of the dysfunctional LL v tenant relationship in Ireland. And a good illustration that it is not always the LL acting up....there are bad tenants out there too

Thomas D

Grandpa Hassan wrote: »

Geez...:I'm out. A good illustration of the dysfunctional LL v tenant relationship in Ireland. And a good illustration that it is not always the LL acting up....there are bad tenants out there too

I resent that. He's had two years of hassle free landlording. Rent on time, every month. Rang twice about some minor issues. Quiet tenants that get on with out neighbours. House will be left in better condition than we got it. All I want is my legal entitlement to privacy and my deposit. This will secure both.

The_Morrigan

Thomas D wrote: »

I resent that. He's had two years of hassle free landlording. Rent on time, every month. Rang twice about some minor issues. Quiet tenants that get on with out neighbours. House will be left in better condition than we got it. All I want is my legal entitlement to privacy and my deposit. This will secure both.

Thomas D the landlord is also allowed his legal entitlement.

drumswan

Despite the OPs belligerent attitude, I don't facilitate viewings when in a property either. If you are paying twelve to fifteen grand annually to someone it's hardly too much to ask for exclusive use.

djimi

cerastes wrote: »

Its very likely in the conditions of the lease, to allow the landlord or an agent appointed for the purpose access to facilitate viewings, so you might not be abiding by the conditions of the lease, also its not unreasonable to cooperate with letting the landlord access for that purpose.

One of the fundamental rights of a tenant is the right to peaceful enjoyment of the property for the duration of the tenancy. This includes the last month, and I don't think many people would consider a landlord bringing strangers into their home as peaceful enjoyment. As such, I would question the validity of any clause in a lease requires that the tenant facilitate viewings of this nature. A lease, let's not forget, cannot legally contain any clauses which seek to reduce the minimum rights afforded to the tenant.

awec

djimi wrote: »

One of the fundamental rights of a tenant is the right to peaceful enjoyment of the property for the duration of the tenancy. This includes the last month, and I don't think many people would consider a landlord bringing strangers into their home as peaceful enjoyment. As such, I would question the validity of any clause in a lease requires that the tenant facilitate viewings of this nature. A lease, let's not forget, cannot legally contain any clauses which seek to reduce the minimum rights afforded to the tenant.

I don't think a few viewings during a month really affects peace and enjoyment at all.

What would they do if they were selling a property? Wait until they had moved out before having viewings?

ballyharpat

Having read the above, I cannot believe the attitude of people, I have two rentals, I am very fair with my tenants and do what is required of me, they do the same. I am hoping that when one of them moves, that they would realise that this is a business for me, the property losing a months rent because I can't 'show' it, is not very good etiquette, and is actually being a real pain in the arse, I would actually go out of my way and report these tenants to prtb and any other forum or otherwise, I would state their names and it would not be slander, as it would be true. The viewing s would be suited to the current tenants, once a week for the last month of the rental. Bless these people above, karma is a b***h

womandriver

ballyharpat wrote: »

Having read the above, I cannot believe the attitude of people, I have two rentals, I am very fair with my tenants and do what is required of me, they do the same. I am hoping that when one of them moves, that they would realise that this is a business for me, the property losing a months rent because I can't 'show' it, is not very good etiquette, and is actually being a real pain in the arse, I would actually go out of my way and report these tenants to prtb and any other forum or otherwise, I would state their names and it would not be slander, as it would be true. The viewing s would be suited to the current tenants, once a week for the last month of the rental. Bless these people above, karma is a b***h

Report tenants for what? Cos if you're talking about the viewings issue - you're off your rocker! On what grounds do you think you'd be reporting them? If you are the type of novice landlord that's out there, I pity tenants who don't know their rights.

ballyharpat

Not even going to merit you wit a point by point response, just google this- can a landlord show a property I am renting

like I said, do whatever you want, but Karma is a b***h. You are denying them that rental period if they cannot show prior to you moving out, My tenants are perfectly happy, any complaint is resolved asap.. But realising that there are people like you out there-I will make sure to stress that point when it comes to renting out to future tenants. A novice??? what is a professional??? I have had tenants for the last 13 years in this country, have been caretaker for 4 properties in USA for 6 years and was a tenant for 11 years in various properties in USA.

dutcher

ballyharpat wrote: »

Not even going to merit you wit a point by point response, just google this- can a landlord show a property I am renting

like I said, do whatever you want, but Karma is a b***h. You are denying them that rental period if they cannot show prior to you moving out, My tenants are perfectly happy, any complaint is resolved asap.. But realising that there are people like you out there-I will make sure to stress that point when it comes to renting out to future tenants. A novice??? what is a professional??? I have had tenants for the last 13 years in this country, have been caretaker for 4 properties in USA for 6 years and was a tenant for 11 years in various properties in USA.

No such thing as Karma. Landlords can be equally as bad.

its me_330

Op im on the same thoughts as you. If u were told the landlord can be difficult to get deposit back from use your deposit as last months rent. U wont be out of pocket at the end of the day. I know its not right but f**k it at least u wont b out of pocket

_Kaiser_

I have never once viewed a property while someone was still living in it, nor have I been asked to allow the LL/random punters to walk through the place with all my stuff there (under my supervision or otherwise)

The OP is paying for a service (and probably paying a fair sum for it too). Seeing as LL's reckon they can now start hiking rents again because "the good times are coming back", I'm sure they'll have no problem renting the place again AFTER the OP has left - how long it takes isn't their problem really. They're paying for the exclusive and uninterrupted use of the property until the day the lease expires.

And before I get told I have a chip or something.. I've been renting since I moved out of home 18 years ago and have never had any issues with a landlord, have always treated them fairly and accommodated them (within reason) where necessary, kept the place as if it were my own, and have been given several glowing references as a result - but I also have certain expectations and standards that I expect to be met in return for my hard-earned money and I don't suffer muppetry gladly.. some of the stuff I read on this forum I would never tolerate!

This nonsense attitude on this forum that LL's are somehow doing people a favour renting to them and therefore tenants shouldn't expect stuff done in a timely competent manner, or to be treated as equals not peasants who can't afford their own house etc really annoys me.

Aka Ishur

For me its simple. If the landlord plays by the rules I'll be nice, but if as every landlord I've had bar one, decides taxes aren't his/her thing, the PRTB don't need to know etc, I'm sorry why would I think you are going to be honest with me? I have never left damage above standard wear and tear. I've fixed/improved/secure/insulated places. Never left bills behind. Yet in my experience (and I stress this is JUST my experience) every landlord since I was a student tried to pull a fast one. Last month rent - use the deposit.

dutcher

What usually happens is the Landlord will put the property on the Internet a month or so before the person has moved out to start getting interest and arrange a viewing date for all people interested when the Person has moved out. Why do Landlords think there doing people favors by renting to them? Give them a months free rent if you feels its okay to invade their home and private living space.

_Kaiser_

ballyharpat wrote: »

Having read the above, I cannot believe the attitude of people, I have two rentals, I am very fair with my tenants and do what is required of me, they do the same. I am hoping that when one of them moves, that they would realise that this is a business for me, the property losing a months rent because I can't 'show' it, is not very good etiquette, and is actually being a real pain in the arse, I would actually go out of my way and report these tenants to prtb and any other forum or otherwise, I would state their names and it would not be slander, as it would be true. The viewing s would be suited to the current tenants, once a week for the last month of the rental. Bless these people above, karma is a b***h

As above, no such thing as Karma

Simple answer here is to arrange your viewings in advance for the day after your tenant leaves.

djimi

awec wrote: »

I don't think a few viewings during a month really affects peace and enjoyment at all.

What would they do if they were selling a property? Wait until they had moved out before having viewings?

Technically, yes. The tenant is under no obligation to allow anyone but the landlord into the property, and even at that it is only to carry out periodic prearranged inspections. If the landlord wants to arrange viewings then that is their own problem, and they have no legal right to disrupt the tenants peaceful enjoyment of the property when doing so. For the duration of the tenancy it is the tenants home, and they are entitled to expect full privacy until the day they move out.

I'm not necessarily saying that I wouldn't accommodate a landlords request to allow viewings; it depends on the relationship that we have, and whether they are being respectful about it and not expecting bring people to the house every second day.

Greenmachine

djimi wrote: »

Technically, yes. The tenant is under no obligation to allow anyone but the landlord into the property, and even at that it is only to carry out periodic prearranged inspections. If the landlord wants to arrange viewings then that is their own problem, and they have no legal right to disrupt the tenants peaceful enjoyment of the property when doing so. For the duration of the tenancy it is the tenants home, and they are entitled to expect full privacy until the day they move out.

I'm not necessarily saying that I wouldn't accommodate a landlords request to allow viewings; it depends on the relationship that we have, and whether they are being respectful about it and not expecting bring people to the house every second day.

Some people here are being ridiculously unreasonable. How much bother is it to let the landlord in for some pre-arranged showings of the apartment. I have never taken issue with a landlord requesting this nor should one. Seem a few in here have a chip on their shoulder. Carrying an attitude of us vs them, with landlords seen as some kind of evil rotten guy.

djimi

Greenmachine wrote: »

Some people here are being ridiculously unreasonable. How much bother is it to let the landlord in for some pre-arranged showings of the apartment. I have never taken issue with a landlord requesting this nor should one. Seem a few in here have a chip on their shoulder. Carrying an attitude of us vs them, with landlords seen as some kind of evil rotten guy.

It depends on the situation really. You have to remember that the property is still the tenants home, and as such still has all of the tenants property in it. While I probably wouldnt refuse a request for viewings from my landlord as we have a good relationship with them, I must admit that Im not entirely over the moon at the idea of a random stranger getting access to my home and getting a full view of everything that I own. If I had some parituclarly expensive equipment or whatever, there is absolutely no way that anyone I didnt know would be allowed in to view the property.

Anyway, ultimately its up to the tenant whether or not they want to allow viewings. Unreasonable as it might seem to refuse them, there is nothing in law that obligates the tenant to allow viewings, and as far as I can tell it is not legal for a landlord to write it into the lease that they must be allowed.

Potatoeman

Kaiser2000 wrote: »

I have never once viewed a property while someone was still living in it, nor have I been asked to allow the LL/random punters to walk through the place with all my stuff there (under my supervision or otherwise)

The OP is paying for a service (and probably paying a fair sum for it too). Seeing as LL's reckon they can now start hiking rents again because "the good times are coming back", I'm sure they'll have no problem renting the place again AFTER the OP has left - how long it takes isn't their problem really. They're paying for the exclusive and uninterrupted use of the property until the day the lease expires.

And before I get told I have a chip or something.. I've been renting since I moved out of home 18 years ago and have never had any issues with a landlord, have always treated them fairly and accommodated them (within reason) where necessary, kept the place as if it were my own, and have been given several glowing references as a result - but I also have certain expectations and standards that I expect to be met in return for my hard-earned money and I don't suffer muppetry gladly.. some of the stuff I read on this forum I would never tolerate!

This nonsense attitude on this forum that LL's are somehow doing people a favour renting to them and therefore tenants shouldn't expect stuff done in a timely competent manner, or to be treated as equals not peasants who can't afford their own house etc really annoys me.

Ive never viewed a property with people still in it either. How do you know what is going to be left in the property or check wardrobes/cupboard space?
I thought landlords need to give two weeks notice to enter a property?

djimi

Potatoeman wrote: »

I thought landlords need to give two weeks notice to enter a property?

They need to give a minumum of 24 hours notice, and prearrange a date and time that suits the tenant. And this is only to carry out a property inspection; they cannot use this to facilitate viewings of the property.

Potatoeman

djimi wrote: »

They need to give a minumum of 24 hours notice, and prearrange a date and time that suits the tenant. And this is only to carry out a property inspection; they cannot use this to facilitate viewings of the property.

I suppose it would depend on the number of viewings. Sounds like a pain though.

odds_on

djimi wrote: »

It depends on the situation really. You have to remember that the property is still the tenants home, and as such still has all of the tenants property in it. While I probably wouldnt refuse a request for viewings from my landlord as we have a good relationship with them, I must admit that Im not entirely over the moon at the idea of a random stranger getting access to my home and getting a full view of everything that I own. If I had some parituclarly expensive equipment or whatever, there is absolutely no way that anyone I didnt know would be allowed in to view the property.

Anyway, ultimately its up to the tenant whether or not they want to allow viewings. Unreasonable as it might seem to refuse them, there is nothing in law that obligates the tenant to allow viewings, and as far as I can tell it is not legal for a landlord to write it into the lease that they must be allowed.

On the legal side of things, I agree with djimi on this point. By having such a clause in a lease would be taking away the rights of a tenant to "enjoy peaceful and exclusive occupation of the dwelling".

Post #25 by the OP, Thomas I don't want people in my private home whilst I'm paying thousands a month. The rta 2004 fully supports me in this.

How I love people who start to quote the RTA 2004 to prove a point, while themselves wish to ignore the RTA 2004 when it suits them. The RTA 2004 clearly states that:
1. The rent must be paid in full on the date it falls due. S16 (a) (i)
2. Although not explicitly stated in the RTA 2004 that the deposit may not be used as the rent for a month, it is confirmed in may PRTB adjudications that the deposit cannot be used by a tenant to pay the rent, that the deposit is to cover any damage in excess of normal wear and tear, cleaning costs etc..

cossiem0d0

In the last two places I rented in Ireland, I allowed viewings (there was only ever 1 viewing in each place). Same when I rented in the UK. In my last apartment, the agent got held up so I showed the people around and answered any questions they had about bills, etc. I also found it so helpful when I was looking at a place and could ask the current tenants questions. I never really thought it was a big deal - the landlord asked if it was ok and I wanted to help them out.

I understand other people on this thread have a problem with it but my attitude is if I can help the landlord out then why wouldn't I? It only takes about 15 minutes out of my day.

omega666

I would say to the op to work away and use your deposit as the last months rent. Once the place is left in the same condition as when you moved in with no damage then it's no skin off the landlords nose. They are not losing any money over it. There's nothing they can do about it anyway.

Dermighty

OP you decided to use your last months rent before you even created this thread.

dubbie82

Did you even try to ring the landlord and ask him? Say look we are leaving ireland, is it ok that we use our deposit as last months rent? Worst case scenario he won't take it.

But keep in mind if he agrees he will still come to your house and inspect every nook and cranny because I don't think he would be that stupid to say yes without inspecting the state of the property first.

And last, you stayed there for two years, sounds like your landlord was ok so nevermind what is stated or not in your lease why not just beeing nice. Chances are most of your stuff is more or less packed, no one will go opening your wardrobe or peaking into your knicker drawer, arrange it to a time when you are home and at a reasonable hour so the babys sleep won't be disturbed, most landlords I dealt with are human and understand.

On the other hand side you can just be ignorant, landlord won't accept deposit in lie of last month rent and will take his time to return deposit to you.

Sleepy

Personally I'd have no problem allowing a landlord to show the place before we've left once it's in an agreed fashion (e.g. particular times of particular days with at least 48 hours notice) but I have to admit based on past experience I'd be likely to play the "deposit for last month's rent" card based on past experience. I lost €1,350 to my last landlord over an issue with the ESB trying to bill for a period where the electricity supply had been switched (with his consent) to Airtricity and, as I was caught in an unusual work situation at the time (commuting to London) I wasn't in a position to sort it out in any kind of timely fashion.

The landlord will be getting the house back in a better condition than we got it in and cleaned from top to bottom and even though I've never had any disputes with him, I never had one with my last landlord until it came to returning my deposit either. It'd be nice to be able to trust him but the bottom line is that I can't afford that trust to be broken so if there's an alternative that goes against the letter of the law but isn't ultimately harming anyone I'll be taking it.

runawaybishop

awec wrote: »

I don't think a few viewings during a month really affects peace and enjoyment at all.

Greenmachine wrote: »

How much bother is it to let the landlord in for some pre-arranged showings of the apartment.

Only the OP gets to decide how much bother or hassle it is. They are entitled to enjoyment of their home and if they choose to not let strangers into it then that is their right.

The_Morrigan

runawaybishop wrote: »

Only the OP gets to decide how much bother or hassle it is. They are entitled to enjoyment of their home and if they choose to not let strangers into it then that is their right.

The OP agreed to it already when they signed the lease originally. They can't change their mind now, they are obliged to facilitate the viewings once the landlord is reasonable in his requests.