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Roommate refuses to return deposit

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24

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    #32
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    I just looked this up, this is the definition of theft in Ireland.

    " theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it."

    So perhaps she could be reported to the Guards.


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    #33
    Boombastic
    Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    HauntedHouse wrote: »
    I just looked this up, this is the definition of theft in Ireland.

    " theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it."
    I tell her she has 24 hours to return the money or you'll be reporting her to the gardai for theft


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    #34
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    HauntedHouse wrote: »
    I just checked with the girl that moved in, the a deposit was taken from her but the landlord just gave it to the head girl and told her to give her to the girl that moved.

    He took the deposit. He is the landlord. That means he is responsible. Who he handed it to after that doesn't matter. He is responsible.

    The tenant that left is due the deposit back in full. Taking it to court will definitely annoy a judge and will not go well for the head tenant. The tenant who left will get a very quick judgement and whoever has the deposit will be in trouble. Full repayment of deposit and maybe even costs against her too. It could be expensive for her, since it would have to go to the district court and not the small claims court. So, solicitors would be involved.


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    #35
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    why would it go to the district court as it is under a certain amount of money?? I thought it was just the small claims court.


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    #36
    CatFromHue
    Moderators, Science, Health & Environment Moderators Posts: 18,152 Mod ✭✭✭✭CatFromHue


    The head housemate is in the wrong here.

    If the new housemate paid her deposit then there's a pile of cash floating around with no purpose when it should have gone to the departing housemate.

    As H2005 says this is very strange behaviour, this isn't a complicated transaction here. I would consider it stealing what's happened.


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    #37
    keysersoze0330
    Registered Users Posts: 2,051 ✭✭✭keysersoze0330


    I'd be handing no more money over to this 'head tenant', for rent or otherwise. Are the rest of the bills actually being paid? Is she going to Italy or doing a bunk. All seems a bit too quick.


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    #38
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    HauntedHouse wrote: »
    why would it go to the district court as it is under a certain amount of money?? I thought it was just the small claims court.

    The small claims court won't hear private disputes like this. It would have to go to the District court. - http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument

    But, it really should be lodged with the PRTB as soon as possible too.


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    #39
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    My mistake, I thought small claims court was for any money things below 2k, not just consumer vs business. PRTB can deal with this. New housemate gave money to the landlord, landlord is to give this to the previous tenant who hasnt received it. Its up to the LL to give back the deposit so it is still his/her problem. The LL should give her back her deposit and go through procedures to get his/her money from from the head tenant.


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    #40
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    But the can PRTB force the head Housemate to give the money over?

    I am also a little confused do I call the guards or do I go to the PRTB or do I get a lawyer?

    Sorry there is so much information and this seems to be a grey area in Ireland from what I looked at online this doesn't get dealt with often. And would reporting this to the PRTB stop the landlord from renting or make it difficult for the head housemate for renting again.
    I know that seems double sided but I am friends with her and the landlord is pretty fair.


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    #41
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    It is not the head housemates responsibility to decide on whether the other girl broke the lease or not. That has been decided by the landlord. The bottom line here is that money was given by the landlord to the head housemate which was intended to be forwarded to the girl that left. This was not done. Though a little complicated I believe that there is a crime here and should be treated as such. It is the responsibility of the injured party to report this matter


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    #42
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    But to who is it to be reported to???


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    #43
    Big Bag of Chips
    Administrators Posts: 13,975 Admin ✭✭✭✭✭Big Bag of Chips


    Did the head housemate nominate herself as head? If she is so brazen about blatantly taking money that is not belonging to or owed to her, then I'd wonder has she a tidy little earner going being the head-housemate and handling all the money.

    The landlord has returned the deposit. He is the only one who gets to decide if she is entitled to it back or not, and he has judged that the girl who left is entitled to it back. Did the head housemate offer to give it back? He obviously trusted her enough to pass it on.

    Maybe first thing you could do is tell the landlord that the other girl hasn't gotten her deposit back. Play dumb if you like, or tell him straight up that the head housemate is refusing to return it.

    And then I'd be looking for somewhere else to live. This would make me lose all respect, and trust in the head housemate.


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    #44
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    It was just a role that she took upon herself. So I can't report this to the PRTB. The LL already knows but he is staying out of it, he said that he is not getting involved.

    Now I am really confused.


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    #45
    Big Bag of Chips
    Administrators Posts: 13,975 Admin ✭✭✭✭✭Big Bag of Chips


    First thing to do is let the landlord know that the girl hasn't received her deposit back.


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    #46
    jay1988
    Registered Users Posts: 550 ✭✭✭jay1988


    I'd get the guards involved before she goes on that holiday, seems to me that the only reason she is doing this is to fund her trip to Italy.


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    #47
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    The LL knows what is going on the girl that moved told him but he just said sort it out yourselves.


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    #48
    Boombastic
    Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    HauntedHouse wrote: »
    The LL knows what is going on the girl that moved told him but he just said sort it out yourselves.

    Next stop gardai.


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    #49
    martinr5232
    Registered Users Posts: 2,298 ✭✭✭martinr5232


    HauntedHouse wrote: »
    The LL knows what is going on the girl that moved told him but he just said sort it out yourselves.

    He is the one who owes the girl the money though so he cant just wash his hands of it.
    Its him she should be chasing not you its him she had a contract with and he was happy for the old tennant to get a new tennant to take over the original lease and take money from the new tennant as a deposit.


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    #50
    King of Pork
    Site Banned Posts: 21 ✭King of Pork


    HauntedHouse wrote: »
    It was just a role that she took upon herself. So I can't report this to the PRTB. The LL already knows but he is staying out of it, he said that he is not getting involved.

    Now I am really confused.

    When she gets back tell the grabbing tart you are going to the gardai immediately of the deposit isn't returned.


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    #51
    Boombastic
    Closed Accounts Posts: 6,496 ✭✭✭Boombastic


    King of Pork wrote: »
    When she gets back tell the grabbing tart you are going to the gardai immediately of the deposit isn't returned.

    I'd give her the ultimatum before she goes. She might not have it when she comes back.


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    #52
    King of Pork
    Site Banned Posts: 21 ✭King of Pork


    Boombastic wrote: »
    I'd give her the ultimatum before she goes. She might not have it when she comes back.

    Oh I thought she had already gone? If not what are you waiting for OP? The grabbing tart to blow all the funds feeding her fat face on holidays ???


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    #53
    seb65
    Registered Users Posts: 402 ✭✭seb65


    First, all the other tenants in the house, besides the head tenant, need to calm down, especially the new tenant. She's not going to be in any trouble, she doesn't need to have panic attacks. This situation doesn't really have anything to do with her. She has no duty towards the old tenant.

    Even if this did get to court, which I doubt, the courts are reasonable. They'll see the truth to the situation quite quick and not hold anyone besides the head tenant, or possibly the landlord, liable for payment.


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    #54
    ted1
    Registered Users Posts: 23,491 ✭✭✭✭ted1


    HauntedHouse wrote: »
    I forgot to mention that the head housemate thinks she doesn't have to return the deposit until the entire lease is up as she feels that the girl who moved out should be liable too. Can she just decide to do this if the landlord let her go already.

    Providing the old tenant left the house in good condition The new tenant should have paid a deposit to the old girl.


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    #55
    Nonoperational
    Registered Users Posts: 7,401 ✭✭✭Nonoperational


    What an absolute bitch.


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    #56
    Poca Nose
    Closed Accounts Posts: 39 ✭Poca Nose


    KERSPLAT! wrote: »
    Where is the money now?

    My thoughts exactly. If the new housemate has paid their deposit, then where is the extra 575 exactly?

    I think the idea of a head housemate is terrible personally. I hated it when it happened in houseshares I was in. I'm a grown adult, I don't need anyone else being "in charge" in my own living environment!


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    #57
    Squatman
    Registered Users Posts: 1,602 ✭✭✭Squatman


    The landlord is not off the hook here at all. The old tenant should pursue the LL for the deposit - what in the name of god was he doing giving the money to anyone other than the tenant who was owed the deposit?? Let the LL get the funds back off the 'head' tenant if he stupidly gave it to her. He still owes the old tenant her deposit regardless of the fact that he stupidly gave it to someone else


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    #58
    Poca Nose
    Closed Accounts Posts: 39 ✭Poca Nose


    Boldberry wrote: »
    I think you have to tell the landlord that you think the 'head' housemate has stolen the money, no way around it.

    Yup, if she holds onto the money for no good reason (ie. to pay a shortfall in rent between housemates), then she's thieving, plain and simple.


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    #59
    Kristopherus
    Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    HauntedHouse wrote: »
    The LL knows what is going on the girl that moved told him but he just said sort it out yourselves.

    FFS, OP, man up and face down this woman. Why dont the rest of you approach her en masse and inform her if she does not refund the deposit BEFORE she goes awol, the you will be reporting her to the Gardai and that you will be asking them to interview her before she goes ( ideally at the airport:) ).

    And forget about going to law & court. That will only serve to line the pockets of the legal eagles.

    You could also, as a group, also inform the LL that s/he is to deal with one of you in future regarding all matters partaining to the lease. And it might be no harm to inform the LL that s/he should have refunded the girl who left directly and not through a 3rd party. At least that way you will be letting him/her that s/he is not off the hook.


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    #60
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    HauntedHouse wrote: »
    but the head housemate has just gone and booked a holiday with her boyfriend to Italy
    I'm thinking this is where the deposit has really gone to? Maybe demand proof that the holiday was booked before she got the deposit back?
    HauntedHouse wrote: »
    the girl is seeking legal advice against all of us
    As the issue is between the ex-tenant and the person who has the deposit, I think the ex-tenant is clutching at straws.


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    #61
    Poca Nose
    Closed Accounts Posts: 39 ✭Poca Nose


    HauntedHouse wrote: »
    I just checked with the girl that moved in, the a deposit was taken from her but the landlord just gave it to the head girl and told her to give her to the girl that moved. So he never actually held the deposit in his account, so I don't think I can report him for that.

    If this is the case, head housemate is stealing. Get the guard involved if she won't return it.


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