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Roommate refuses to return deposit

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13

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    #62
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    The rest of the housemates should be asking this girl about their own deposits if they're currently with her for "safekeeping". When the lease is up and you all go your separate ways, what's to stop her pulling this again.


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    #63
    Mrs OBumble
    Registered Users Posts: 25,943 ✭✭✭✭Mrs OBumble


    The fact that the head tenant is in Italy is irrelevant. She has a cellphone, so can be contacted. And you/'re all grown-ups with bank accounts and phone banking, transactions can be done from overseas.

    OP, a critical question for you: is everyone's name on the lease, or just the head tenant's?

    If it's just the head tenants, then the suggestion earlier in the thread about the rest of the housemates ensuring that the former housemate gets her deposit back by re-directing part of the next rent payment is a good one. But it's not good if all your names are on the lease. And if you do it, make sure to notify the head tenant so she can make sure she has sufficient funds in the account to pay. (NB It's likely she won't appreciate this course of action, so you may have to move out - but the good news is that you don't have to give her any notice.)

    But if the former housemate's name was on the lease, then she needs to take this up with the landlord: the fact that he gave some money to someone else (who just happens to be a head tenant in name but not in legality) is totally irrelevant, and it's a discussion between the LL and former tenant, not involving the rest of you.


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    #64
    Diane Selwyn
    Registered Users Posts: 257 ✭✭Diane Selwyn


    Surely the landlord is legally responsible for the return of the deposit - I don't see that you have anything to worry about on that front but if I were in your shoes I would be advising my landlord that I would pay my rent directly and not via a third party who is clearly not to be trusted.


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    #65
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    No Pants wrote: »
    The rest of the housemates should be asking this girl about their own deposits if they're currently with her for "safekeeping". When the lease is up and you all go your separate ways, what's to stop her pulling this again.
    Also, if she's the one who is supposedly paying the household bills, I'd be asking her for all receipts to show that all accounts are up to date and I would not hand her any more money until that is done AND the deposit returned to the ex-housemate.


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    #66
    KERSPLAT!
    Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    Mrs OBumble wrote: »
    The fact that the head tenant is in Italy is irrelevant. She has a cellphone, so can be contacted. And you/'re all grown-ups with bank accounts and phone banking, transactions can be done from overseas.

    OP, a critical question for you: is everyone's name on the lease, or just the head tenant's?

    If it's just the head tenants, then the suggestion earlier in the thread about the rest of the housemates ensuring that the former housemate gets her deposit back by re-directing part of the next rent payment is a good one. But it's not good if all your names are on the lease. And if you do it, make sure to notify the head tenant so she can make sure she has sufficient funds in the account to pay. (NB It's likely she won't appreciate this course of action, so you may have to move out - but the good news is that you don't have to give her any notice.)

    But if the former housemate's name was on the lease, then she needs to take this up with the landlord: the fact that he gave some money to someone else (who just happens to be a head tenant in name but not in legality) is totally irrelevant, and it's a discussion between the LL and former tenant, not involving the rest of you.

    She's not in Italy, she's leaving on Tuesday night /Wednesday morning, plenty of time to get to the bank and transfer the deposit to the ex tenant. I agree with the rest of your post

    As someone alluded to earlier, maybe she's dragging her heals because the deposit is her spending money!?


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    #67
    LionelNashe
    Registered Users Posts: 1,961 ✭✭✭LionelNashe


    Mrs OBumble wrote: »
    .....

    OP, a critical question for you: is everyone's name on the lease, or just the head tenant's?
    ........

    Good question. If the lease is in the name of the head tenant, then the head tenant is responsible for handing back the money; if the lease was in the names of all 5 tenants, then the landlord is.


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    #68
    Poca Nose
    Closed Accounts Posts: 39 ✭Poca Nose


    No Pants wrote: »
    The rest of the housemates should be asking this girl about their own deposits if they're currently with her for "safekeeping". When the lease is up and you all go your separate ways, what's to stop her pulling this again.

    I'd be personally speaking to the landlord and instructing him to return my deposit directly to me when the time comes, if it were me.


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    #69
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    the lease has everyone in the house on it.

    But if the landlord gives her the deposit back, can he then come after us for the deposit??


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    #70
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    HauntedHouse wrote: »
    the lease has everyone in the house on it.

    But if the landlord gives her the deposit back, can he then come after us for the deposit??

    In that case, the tenant who left should immediately file a complaint with the PRTB (maybe I said that before).

    The landlord should hold the deposit. If he gave it to this head tenant, then he should go after her for it.

    That head tenant sounds a bit full of herself and dodgy. She needs to get some sense quickly and make sure the deposit gets back to the proper person immediately, before her holiday.


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    #71
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    HauntedHouse wrote: »
    the lease has everyone in the house on it.

    But if the landlord gives her the deposit back, can he then come after us for the deposit??
    No, that would make no sense.


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    #72
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    Thanks everybody I am going to forward this link to the girl that moved then tell her to get in touch with the PRTB.


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    #73
    sligoface
    Closed Accounts Posts: 556 ✭✭✭sligoface


    I would think whoever the leaving tenant paid the deposit to is reaponsible for handing it back, the leaving tenant should have a receipt or a deposit stated on their copy of the lease. If the landlord took the deposit along with the other tenants as one sum he's still responsible for it being repaid and he should not hand any portion of it back to a tenant other than the one leaving, especially if he has received the new tenants deposit to replace the one from the girl who left. He needs to realize he can't refuse to get involved, if there are documents stating he received the deposit and nothing to prove he gave any money to the head tenant he's going to be in a bind. Whoever it says on the lease or rent book/rent receipt received the deposit is responsible for its return.

    Yourself and the new tenant never received any money from the new tenant or the leaving tenant, it was the head tenant and/or the landlord who did, so let the leaving tenant and the head tenant and landlord sort it. The rest of you cannot be found responsible, only either the landlord or head tenant. Though I would make sure tell the landlord not to use this other tenant as a middleman when it is time for you to get your deposit back.


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    #74
    Big Bag of Chips
    Administrators Posts: 14,032 Admin ✭✭✭✭✭Big Bag of Chips


    HauntedHouse wrote: »
    the lease has everyone in the house on it.

    But if the landlord gives her the deposit back, can he then come after us for the deposit??

    Is this your first ever houseshare, OP? Because you sound incredibly naieve. The landlord handed the money to 1 girl, to hand over to the ex tenant. Not to be shared out amongst the rest of you. So if the ex tenant hasn't gotten her money, the landlord will ask the person he gave it to for it back.

    How friendly are you with the ex tenant? This all seems to have escalated very quickly. Were there any problems before the girl left? It sounds strange that she would be threatening you all with solicitors and court if she actually got legal advice, especially if she only moved out in the last month. Her issue is with the landlord. His issue is with yer wan.

    Can you contact the ex tenant and tell her she needs to contact the landlord about the girl not passing on her deposit. If she makes enough noise (or gets her parents to ring!) he will have to do something about it.

    If it's not sorted by Tuesday it will be spent (if it's not already) and the "head girl" will probably take a while to get that amount together again.

    But honestly, none of that is your problem. It's between 3 people. Your only problem is, has yer wan kept any of your money over the last 2 years, or taken more than you owed. I'd be shocked if she hasn't


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    #75
    HauntedHouse
    Registered Users Posts: 22 ✭HauntedHouse


    this was the first place for the ex tenant,not my first place but the places I have been before have been relatively easy.

    I will forward all this her.


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    #76
    keysersoze0330
    Registered Users Posts: 2,051 ✭✭✭keysersoze0330


    HauntedHouse wrote: »
    this was the first place for the ex tenant,not my first place but the places I have been before have been relatively easy.

    I will forward all this her.

    Forward nothing. Tell the ex tenant to go to the gardai and remove yourself from the situation.


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    #77
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Consider she may do the same to the rest of you.

    Who do you pay the rent to. The LL directly or to the tenant who pays it one. Whos names are all the bills in?


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    #78
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    beauf wrote: »
    Consider she may do the same to the rest of you.

    Who do you pay the rent to. The LL directly or to the tenant who pays it one. Whos names are all the bills in?
    My point exactly from posts 62 and 65. I'd be wary of unexpected requests for money when the tenancy comes to an end, from the landlord looking for rent that wasn't paid, to the utilities not being in order. Best get this cleared up now.


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    #79
    Big Bag of Chips
    Administrators Posts: 14,032 Admin ✭✭✭✭✭Big Bag of Chips


    ..... Or if the landlord hands her back the deposit to give to the rest of you, you can be fairly sure you'll never see it again.

    She has no case to argue with this. Nobody is out of pocket. Someone moved out and got someone in to take their place. The landlord returned the deposit, she should now pass it on.

    I think it's also time to rearrange the "head housemate"/"only one person deals with all the money" arrangement. Otherwise you can kiss your own deposit goodbye.


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    #80
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    No Pants wrote: »
    My point exactly from posts 62 and 65. I'd be wary of unexpected requests for money when the tenancy comes to an end, from the landlord looking for rent that wasn't paid, to the utilities not being in order. Best get this cleared up now.

    tbh i was thinking more about what happens if the rent is not paid and utilities not paid . if its in this girls name she could end up being liable for the lot if the other tenants don't pay up. What's her exposure here.


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    #81
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    beauf wrote: »
    tbh i was thinking more about what happens if the rent is not paid and utilities not paid . if its in this girls name she could end up being liable for the lot if the other tenants don't pay up. What's her exposure here.
    If everything is in her name, then I suspect that she would be on the hook for the lot.


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    #82
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Is it was the others could leave her in the lurch. At least it could be used as leverage. Be late with all payments until she returns the stolen deposit.

    Its still worth approaching prtb for advice.


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    #83
    King of Pork
    Site Banned Posts: 21 ✭King of Pork


    If you PM me details I will be more than happy to make a report to the Gardai.


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    #84
    Mrs OBumble
    Registered Users Posts: 25,943 ✭✭✭✭Mrs OBumble


    No Pants wrote: »
    If everything is in her name, then I suspect that she would be on the hook for the lot.


    But it's not: all their names are on the lease, but it seems they don't all have visibility of what money is or isn't going to the landlord and utility providers.




    This case is a perfect example of why I would sooo prefer to be the head tenant!


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    #85
    beertons
    Hosted Moderators Posts: 23,096 ✭✭✭✭beertons


    Do you even see the bills when they come in? This one sounds like a del boy to me.


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    #86
    Sun in Capri
    Registered Users Posts: 211 ✭✭Sun in Capri


    I would answer the solicitor's letter addressed to you and explain your position in this situation to cover yourself. The others may want to do the same. I would not be inclined to ignore such a letter. If you do not have the money, if it was never given to you etc then it is not your problem. I would definitely let the LL know what is going on. Presumably it was the LL who gave the money to the "head tenant" to give to the person who left.


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    #87
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    shruikan2553 wrote: »
    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.

    .small claims does handle private stuff eg damages but not debt


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    #88
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    OP how well do you know the head tenant, I'd be very worried about them doing a runner. They have 575 deposit plus two months worth of rent from you and the new tenant, and I get the impression there may be more tenants also. That is a least 2,500 that they could potentially be fecking off with.

    Why would they need a forward on the next months rent, why not just have you transfer it into their account a few days before it is due.

    All seems very odd to me, I wouldn't be worrying about your liability for the deposit like other posters have said reply to the letter. But I would be worried about the actions of the head tenant and what they may be potentially doing with your money.


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    #89
    jmayo
    Registered Users Posts: 13,186 ✭✭✭✭jmayo


    HauntedHouse wrote: »
    the other housemates are appalled and the poor girl that took over is having panic attacks cause she didn't do anything wrong. we all though it was fine until the letters and next thing we know she is going on holiday.

    So do I just report her to the PRTB and look proactive in case it does go to court?
    Of course I will say this to her first.

    OP you need to remove this so called head tenant.
    You also need to verify all bills are up to date and all rent is up to date.
    Are all the utility bills in her name ?

    Then you need to contact the landlord, inform them fully of what has transpired and tell him you and the other tenants are going to forward the rent directly into his account and not through any intermediary.

    I have been in some houseshares where there was one person, usually the longest tenant, who was the usual point of contact with the landlord.
    But they didn't act as agents for the landlord and everyone usually paid in their own rent directly to the landlords nominated account.
    When a new person arrived they gave the deposit to the person leaving, provided there was no damage.

    One final point to remember is ... this head tenant is NOT TO BE TRUSTED.
    Protect yourself.

    Also contant ex tenant (even include landlord) and inform them that taking legal action against you is wrong since you never had their deposit and don't currently have it.
    Their issue is with this head housemate/landlord.

    I am not allowed discuss …



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    #90
    schoolhouse
    Registered Users Posts: 47 ✭schoolhouse


    curious to know if this issue was resolved?


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    #91
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    schoolhouse wrote: »
    curious to know if this issue was resolved?

    This is not a soap opera - the OP does not have to return to give updates!


This discussion has been closed.
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