Deposit withheld by letting agent

ROIreland

My letting agent is holding on to the security deposit paid in to his account 3 years ago when I moved in to the property. Monthly rents were also paid in to his account (not in to the landlord's account - and this is as per the contract). It has been 3 weeks since I moved out at the end of the contract I still await the return of 1450 euros I paid as deposit.
First the letting agent said the deposit 'was with the landlord' (landlord resides abroad and for the 3 years that I was renting I never met him) and asked me to email him my bank account details so that he would 'pass it on to the landlord'.
Few days later I called him to ask for the status and he pretended he hadn't seen my email with the bank details, and said he had just seen the email and that he would forward it on to the landlord.
Since then he stopped communicating with me, didn't pick up my calls, didn't return my calls, messages or emails. I left messages at his office too but no luck.
Then last week, I blocked my caller ID and rang him, unsurprisingly he picked up the call, said he was in California and that my deposit will be returned in full, and when asked how long I have to continue waiting he said it would be with me in 2 day's time. a week has passed since then and no money still.
I am not a 100% sure whether it is the agent or the landlord who is holding the money, but either way I have just filed an online dispute with PRTB.
Has anyone have had the misfortune of experiencing something similar?
1450 euros is a lot of money for us, and this is causing huge stress and pressure for my wife and I, we are a young family with a 3-year old!
Just don't understand why people would do these kind of things, we were in that property for 3 years, no issues with rent, and looked after the property like our own home!

Eldarion

ROIreland wrote: »

Since then he stopped communicating with me, didn't pick up my calls, didn't return my calls, messages or emails. I left messages at his office too but no luck.
Then last week, I blocked my caller ID and rang him, unsurprisingly he picked up the call

This would make me hit the roof. It's time to go legal when you're dealing with someone as unprofessional as that. It's the only way they'll learn. Continue with the PRTB dispute but also file an official complaint against the letting agent with the PSRA.

Marcusm

Down to the office and sit and wait.

drumswan

Marcusm wrote: »

Down to the office and sit and wait.

Yup, find out where he is and go pay him a visit.

spaceHopper

Find out where his offices is, bring your own chair and tell them you aren't leaving till it's paid into your bank account.
Tell then to send somebody with a check book to the bank if necessary.

You could also make a sign "Difficulty getting Deposit back from Company...." List communications, even print them out. Park your car out side their office with them stuck to the windows.

Even if you have to pay for parking. You could park it at 5 pay for a couple of hours parking into the next day. Every by passer will see it and it will shame them into paying. Or stick sings to their front door after hours.

Zamboni

And bring a loud bell.

http://www.ebay.ie/itm/brass-hand-bell-with-a-wooden-handle-/141372241013?pt=UK_Antiques_DecorativeAntiques_Collectables_EH&hash=item20ea713475

ROIreland

Am I allowed to name and shame them here?

jmayo

spaceHopper wrote: »

Find out where his offices is, bring your own chair and tell them you aren't leaving till it's paid into your bank account.
Tell then to send somebody with a check book to the bank if necessary.

You could also make a sign "Difficulty getting Deposit back from Company...." List communications, even print them out. Park your car out side their office with them stuck to the windows.

Even if you have to pay for parking. You could park it at 5 pay for a couple of hours parking into the next day. Every by passer will see it and it will shame them into paying. Or stick sings to their front door after hours.

People may laugh but this actually works and it is a sad inditement of our system that it has to be done to get back what is rightfully yours.

jmayo

ROIreland wrote: »

Am I allowed to name and shame them here?

boards won't probably allow that.
This site is very averse to risk of prosecution, even if it is the truth that is being published.

Some sites might allow it or you could set up own website registered with similar name that would lead users to yours instead of the company's/individuals.

ROIreland

Thanks, that's probably sound advice.

foggy_lad

ROIreland wrote: »

Am I allowed to name and shame them here?

You will do them far more harm by reporting them to the PSRA and by making your complaint through the PRTB who will rule in your favour if there has been no damage or other issues which the agents had informed you of and gave you a chance to put right. If they claim for repairs or cleaning etc they will have to prove this with receipts and photos of the damage and dirt but once they have not told you of the damage or dirt and given you a chance to put things right they lose any right to take from your deposit.

ROIreland

foggy_lad wrote: »

You will do them far more harm by reporting them to the PSRA and by making your complaint through the PRTB who will rule in your favour if there has been no damage or other issues which the agents had informed you of and gave you a chance to put right. If they claim for repairs or cleaning etc they will have to prove this with receipts and photos of the damage and dirt but once they have not told you of the damage or dirt and given you a chance to put things right they lose any right to take from your deposit.

We had lived there for 3 years, and at the end of each year the property was viewed and thoroughly checked on behalf of the landlord for any damages/dirt etc, and rents were direct-debited from our account and credited to the agent's account promptly. I had to take an extra hour out of work so that the agent could come and inspect the property during 'daylight' as he was quite particular about this. And I have a voice recording of the last call I had with him where he had said that we would get our FULL deposit back. So I don't believe there is any issue with the property being damaged or being in a condition lower than when we moved in. I just hope this guy isn't scamming other decent tenants. Anyway, I filed the complaint with PRTB online today, I hope it won't be next year by the time I hear from them.

foggy_lad

Make sure you contact the PRSA to find out if this guy is even registered and also to make a complaint about how he is doing business.

Check if they are registered here
http://www.psr.ie/website/npsra/npsraweb.nsf/page/publicregister-reg-of-propserv-prov-en

and complain here

http://www.psr.ie/website/npsra/npsraweb.nsf/0/DEF8A8B0CC4562E88025738D004C69B9/$File/Complaint%20Form%20PSRA-COM1-12A.pdf

BeatNikDub

Complain to the Property Service regulator too as above!

Also there is a list on that of all he licence holders - search and make sure this eejit has one for property management, if not he is also breaking the law!

ROIreland

Thank you so much for your advice, I will certainly contact the PRSA, just read the link you posted, it does look very helpful. Thanks again!

black__bamboo

I am currently experiencing the same issue with a property inspector from a letting agency who is refusing to return my calls and emails. My husband and I are owed €1150 deposit and it has been 14 days since we moved out of the property. We were good tenants and paid rent + agency fee by direct debit for 2 years. I heard nothing from the agent until I called the agency for an update 10 days after we handed the keys back. On that day he told me that they would be withholding an undisclosed amount from the deposit due to a few issues he found during the final inspection. I disputed one of those issues and asked if we would be given the opportunity to first be informed of exactly what the proposed deductions would be before any monetary deductions were made - to which he replied: "that's not how the system works". I have since contacted him 3 times and asked for clarification regarding the issues and the amount of the proposed deduction. He has ignored / failed to respond. It is a very frustrating and stressful experience to be frozen out like this and not given the opportunity to address whatever issues the final expect ion revealed. I saw on the PRTB website that tenants are entitled to the opportunity to rectify any issues and moreover are entitled to be present at the final inspection of the property?

The_Conductor

jmayo wrote: »

boards won't probably allow that.
This site is very averse to risk of prosecution, even if it is the truth that is being published.

Some sites might allow it or you could set up own website registered with similar name that would lead users to yours instead of the company's/individuals.

The issue is- we have been prosecuted, and found to be liable, because defamatory posts were not removed in an expeditious manner. So- no naming and shaming please.

Ciarrai76

I find it a bit odd that the deposit was given to the landlord. I have worked in lettings, and I've never heard of this when a letting is done through an agent. Usually deposits are held in a 'client account', to which the rent would also be lodged & then the agent would pay that rent (less fees possibly) to the landlord directly. Its unusual to me to hear that the agent has given the deposit to the landlord, especially when they live abroad!?

If they have not notified you that you have left the place in a bad state, or that they have had to get anything replaced due to damage, then the deposit should have been returned to you once you handed back the keys & the inspection was done by them. Then for them to ignore calls etc, its extremely unprofessional, and very worrying!

You are right to report them to the PRTB, but find out also if they are members of the SCSI - The Society of Chartered Surveyors, which many estate agents are now members of since the IAVI (Irish Auctioneers & Valuers) changed a couple of years ago. They are the professional body for property professionals in Ireland. You could check with them also, and if they are, then I'd report this firm to them also. http://www.scsi.ie/
http://www.scsi.ie/arbitration/contact

They can't withhold your deposit with no good reason. I hope you get it sorted soon. If you need any further info, you can PM me.

Ciarrai76

black__bamboo wrote: »

I am currently experiencing the same issue with a property inspector from a letting agency who is refusing to return my calls and emails. My husband and I are owed €1150 deposit and it has been 14 days since we moved out of the property. We were good tenants and paid rent + agency fee by direct debit for 2 years. I heard nothing from the agent until I called the agency for an update 10 days after we handed the keys back. On that day he told me that they would be withholding an undisclosed amount from the deposit due to a few issues he found during the final inspection. I disputed one of those issues and asked if we would be given the opportunity to first be informed of exactly what the proposed deductions would be before any monetary deductions were made - to which he replied: "that's not how the system works". I have since contacted him 3 times and asked for clarification regarding the issues and the amount of the proposed deduction. He has ignored / failed to respond. It is a very frustrating and stressful experience to be frozen out like this and not given the opportunity to address whatever issues the final expect ion revealed. I saw on the PRTB website that tenants are entitled to the opportunity to rectify any issues and moreover are entitled to be present at the final inspection of the property?

You do have to be given a list of what was done and what, if any, damage or extreme dirt, aside from wear & tear. You also are entitled to have a breakdown of the cost from any cleaning company they used. They can't withhold this information. A company in Dublin tried this on my husband & I when we moved out of a place years ago, and they failed as we had a lot of information & experience in lettings and they basically had made up invoices so we caught them out! We threatened to report them to the IAVI at the time (Irish acutioneers & Valuers Institute), and they immediately backed down and had no choice but to return our deposit in full!

Best thing to do when you move into any property, is to request an inventory of the house/apartment. Request that photos are taken in the property, or do them yourself, of anything that looks to be dirty or have stains, i.e a carpet/matress/couch/walls, and have them put on file, signed & dated (keep copies) so that when you eventually move out, you have proof and they can't claim that those stains/damage were caused by you.

The_Conductor

Ciarrai76 wrote: »

You are right to report them to the PRTB, but find out also if they are members of the SCSI - The Society of Chartered Surveyors, which many estate agents are now members of since the IAVI (Irish Auctioneers & Valuers) changed a couple of years ago. They are the professional body for property professionals in Ireland. You could check with them also, and if they are, then I'd report this firm to them also. http://www.scsi.ie/
http://www.scsi.ie/arbitration/contact

The prospective tenant could lodge a case with the PRTB- however the regulatory authority for estate agents, auctioneers etc- is the PSRA- they are responsible for licensing estate agents- and are the body to whom any complaints should be made.