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EA allowing 3 days to submit reference

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  • 05-08-2014 12:28pm
    #1
    SteelyDanJalapeno
    Registered Users Posts: 14,304 ✭✭✭✭


    Hi,

    I've put a deposit down on a 3 bed rental on Friday with move in date mid august, I then contacted my current LL to give him the 2 weeks notice and he's fine with it as I have a replacement too, but he needs to confirm with the other names on the lease that they are happy and he needs to meet the replacement before he will give me a reference, we agreed next week to do this.

    Now the EA for my new place tells me if I don't submit a reference within the next 2 days I'll lose the place and my deposit, can they do this?


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    #2
    Mrs OBumble
    Registered Users Posts: 25,965 ✭✭✭✭Mrs OBumble


    Yes. Just give him you LL's name and phone number


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    #3
    TheDriver
    Registered Users Posts: 12,513 ✭✭✭✭TheDriver


    I question the "loose the deposit" part though?? Unless it was made known to you when you paid it


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    #4
    SteelyDanJalapeno
    Registered Users Posts: 14,304 ✭✭✭✭SteelyDanJalapeno


    Mrs OBumble wrote: »
    Yes. Just give him you LL's name and phone number

    I'll try, but the EA requested written reference, and my current LL needs to meet the replacement and the other people on the lease before giving me it in writing.


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    #5
    SteelyDanJalapeno
    Registered Users Posts: 14,304 ✭✭✭✭SteelyDanJalapeno


    TheDriver wrote: »
    I question the "loose the deposit" part though?? Unless it was made known to you when you paid it

    Not till after


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    #6
    jhegarty
    Registered Users Posts: 6,440 ✭✭✭jhegarty


    Mrs OBumble wrote: »
    Yes. Just give him you LL's name and phone number

    Under what theory does he get to keep the deposit ?


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    #7
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    Mrs OBumble wrote: »
    Yes. Just give him you LL's name and phone number

    What? No he cannot keep the deposit unless it was agreed upon when the exchange was made which is not the case here...

    To be honest if the landlord is behaving like this now I would rather just get my deposit back if it were me and look for somewhere where the landlord isn't underhanded.


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    #8
    SteelyDanJalapeno
    Registered Users Posts: 14,304 ✭✭✭✭SteelyDanJalapeno


    salamanca22 wrote: »
    What? No he cannot keep the deposit unless it was agreed upon when the exchange was made which is not the case here...

    To be honest if the landlord is behaving like this now I would rather just get my deposit back if it were me and look for somewhere where the landlord isn't underhanded.

    It's a company, I presume it's their policy.


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    #9
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    TiltedBrain wrote: »
    It's a company, I presume it's their policy.

    Still, if you weren't made aware of this during the handover of your deposit then they have no right to withhold it.


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    #10
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    TiltedBrain wrote: »
    It's a company, I presume it's their policy.

    So? They cant just unilaterally decide to keep people's money under their own arbitrary rules.


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    #11
    SteelyDanJalapeno
    Registered Users Posts: 14,304 ✭✭✭✭SteelyDanJalapeno


    Arbiter of Good Taste wrote: »
    So? They cant just unilaterally decide to keep people's money under their own arbitrary rules.

    Good to know, thank you.


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    #12
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Have you signed a lease for the place yet? How much is the deposit? A holding deposit is normally to show you're serious and they can remove it from the market. This should be lower than the actual deposit, i.e. a token amount of 100-200 euro would be expected. You could lose this deposit if you pull out at this stage, however as people have said, this should be explained to you when you hand it over. Similarly they can't just put an arbitrarily short time frame on a reference as an excuse to take your money.

    Tell them you'll get your reference as soon as possible and you'll report them to the PSRA if they take the deposit from you.


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    #13
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Michael D Not Higgins wrote: »
    Have you signed a lease for the place yet? How much is the deposit? A holding deposit is normally to show you're serious and they can remove it from the market. This should be lower than the actual deposit, i.e. a token amount of 100-200 euro would be expected. You could lose this deposit if you pull out at this stage, however as people have said, this should be explained to you when you hand it over. Similarly they can't just put an arbitrarily short time frame on a reference as an excuse to take your money.

    Tell them you'll get your reference as soon as possible and you'll report them to the PSRA if they take the deposit from you.

    They are letting the property and they can have any rule they want. The landlord has employed them to let the property and as long as it is empty there is no income. They can keep a holding deposit on the basis that you undertook the take the property. They will have to pay to readvertise it if you can't keep your side of the arrangement


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    #14
    TheDriver
    Registered Users Posts: 12,513 ✭✭✭✭TheDriver


    But they cant impose a rule regarding the deposit after it is paid. 3 days and no reference sounds like they will not keep the property and hence they should return the deposit. Or else they back down and will wait....


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    #15
    Mrs OBumble
    Registered Users Posts: 25,965 ✭✭✭✭Mrs OBumble


    Frankly if you cannot come up with references within three days, you're likely to be a tyre-kicker who has no interest in taking the property. How long ago did you start looking to move, and why don't you have references at the ready?

    No one is going to expect a written reference from your current landlord given that you haven't moved out yet. But you should have work and previously landlord in your folder when you go locking at places.


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    #16
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Mrs OBumble wrote: »
    Frankly if you cannot come up with references within three days, you're likely to be a tyre-kicker who has no interest in taking the property.

    That's hardly fair, they wanted a written reference. They may not have another landlord for a reference and may not work or may not have the ability to get a work reference for whatever reason, e.g. work in a small office and the boss is on holiday.


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    #17
    SteelyDanJalapeno
    Registered Users Posts: 14,304 ✭✭✭✭SteelyDanJalapeno


    Couldnt get a reference till I gave notice, and I couldnt give notice until I found a suitable place.

    Feels like a rock and a hard place.


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    #18
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    Mrs OBumble wrote: »
    Frankly if you cannot come up with references within three days, you're likely to be a tyre-kicker who has no interest in taking the property. How long ago did you start looking to move, and why don't you have references at the ready?

    No one is going to expect a written reference from your current landlord given that you haven't moved out yet. But you should have work and previously landlord in your folder when you go locking at places.

    What are you talking about, they gave a deposit, that is hardly what a tyre kicker is going to do. You make a lot of assumptions that aren't fair and been given 3 days to get something that was never agreed upon in the first place or lose that deposit is not on.


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    #19
    Mrs OBumble
    Registered Users Posts: 25,965 ✭✭✭✭Mrs OBumble


    It doesn't matter whether the EA is willing to wait three days, weeks or even months: you're still not going to get a written reference from a LL whose place you haven't left yet. The EA knows this. They're simily minimising the rental dwontime by giving you a deadline to get your sh*t together.

    Starting to even look at places without having got your references sorted out beforehand is stupid. You know you will be asked for references.

    Handing over a deposit without checking out what what it is for and what rules apply to it is stupid. You know there will be rules, and that deposits aren't for nothing.

    Your call OP: Carry on as you have been, and lose your deposit. Or start to use your brain, and do some smart things.


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    #20
    SteelyDanJalapeno
    Registered Users Posts: 14,304 ✭✭✭✭SteelyDanJalapeno


    Mrs OBumble wrote: »
    It doesn't matter whether the EA is willing to wait three days, weeks or even months: you're still not going to get a written reference from a LL whose place you haven't left yet. The EA knows this. They're simily minimising the rental dwontime by giving you a deadline to get your sh*t together.

    Starting to even look at places without having got your references sorted out beforehand is stupid. You know you will be asked for references.

    Handing over a deposit without checking out what what it is for and what rules apply to it is stupid. You know there will be rules, and that deposits aren't for nothing.

    Your call OP: Carry on as you have been, and lose your deposit. Or start to use your brain, and do some smart things.

    Thanks.....


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    #21
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    Mrs OBumble wrote: »
    It doesn't matter whether the EA is willing to wait three days, weeks or even months: you're still not going to get a written reference from a LL whose place you haven't left yet. The EA knows this. They're simily minimising the rental dwontime by giving you a deadline to get your sh*t together.

    Starting to even look at places without having got your references sorted out beforehand is stupid. You know you will be asked for references.

    Handing over a deposit without checking out what what it is for and what rules apply to it is stupid. You know there will be rules, and that deposits aren't for nothing.

    Your call OP: Carry on as you have been, and lose your deposit. Or start to use your brain, and do some smart things.
    What a total **** you are


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    #22
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Mrs OBumble wrote: »
    It doesn't matter whether the EA is willing to wait three days, weeks or even months: you're still not going to get a written reference from a LL whose place you haven't left yet. The EA knows this. They're simily minimising the rental dwontime by giving you a deadline to get your sh*t together.

    Starting to even look at places without having got your references sorted out beforehand is stupid. You know you will be asked for references.

    Handing over a deposit without checking out what what it is for and what rules apply to it is stupid. You know there will be rules, and that deposits aren't for nothing.

    Your call OP: Carry on as you have been, and lose your deposit. Or start to use your brain, and do some smart things.


    Can you please watch your tone and interactions with posters on this forum.


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    #23
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    TiltedBrain wrote: »
    I'll try, but the EA requested written reference, and my current LL needs to meet the replacement and the other people on the lease before giving me it in writing.
    That is the situation in an assignment. When legally done by a deed of assignment, all 4 parties involved sign the deed as being acceptable: The out-going tenant, the in-coming tenant, any tenants remaining in the property and the landlord. Thus the landlord needs to be certain that there will be no problems with any one of the parties involved, not to mention the references of the in-coming tenant.


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