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What to do about deposit?

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  • 04-02-2015 6:43pm
    #1
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭


    I know there's countless threads on this but I'd like some peoples opinions on this. Sorry this is a long one.

    I'm currently living in an apartment for 2 years. The original lease for the apartment was taken out in 2010 in 3 peoples names. None of the original lease holders are living in the apartment (nor do I know them) and every time someone moves in, the names are changed on the lease.

    Last year the letting agency changed and I've had nothing but trouble with the new crowd. I had a thread already about them trying to increase our rent even though it had already been increased in the previous 12 months.

    When I told them it was already increased they informed me that "We have no record of your lease agreement" and told me it was up to me to provide a copy to them and prove that the rent had already been increased. Did this and they said 'they'd let me know their decision'. I told them I was opening a dispute with PTRB they emailed me saying I could disregard letter.

    The following month I got a letter saying that I hadn't paid the rent. After another week of trying to contact them they said '"Sorry our mistake". Same thing the following month, and the next month and I'm pretty sure there'll be another letter saying the same thing in the post for me this week as well.

    I have a car fob which I paid 80e extra on top of my deposit for from the girl who moved out (This is the correct price for the car fob as a friend of mine who moved in to the complex a year ago had to pay this as well). I rang the letting agency and told them I was selling my car and could I drop the fob back in and get my 80e back. Again, they've no record of anyone paying 80e for a car fob and said they'll get back to me about it. Not holding my breathe.

    They gave us 2 days notice that they would be changing the locks on the apartment. I rang to ask them to rearrange this as it was too short notice and I couldn't get off work, said they'd call me back to rearrange (that was 2 weeks ago, I'm still waiting on the return phonecall :rolleyes:), they changed the locks anyway meaning we had to go to their offices and collect new keys.

    We are all moving out when the lease is up (15th April) and I'm really worried about getting my deposit back. From my experience with them so far they have no documentation on anything to do with our apartment. If they didn't have a copy of the lease from 2014 I really doubt they'll have a copy of the 2010 lease.

    I've no contact details for the original lease holders for a receipt for the deposit.

    I've already accepted that there's no hope of me getting the 80e back for the fob.

    I know I shouldn't withhold my last months rent and I'm usually very much against doing that but I'm wondering would it be the best option in this case. If I have to open a case with PRTB I've nothing to prove I've paid a deposit other than a bank transfer to a girl who used to live there (who wasn't an originally lease holder either).

    Any suggestions?


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    #2
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Stench Blossoms wrote: »
    We are all moving out when the lease is up (15th April) and I'm really worried about getting my deposit back. From my experience with them so far they have no documentation on anything to do with our apartment. If they didn't have a copy of the lease from 2014 I really doubt they'll have a copy of the 2010 lease.

    I've no contact details for the original lease holders for a receipt for the deposit.
    I've seen a few threads about this sort of thing, and it's generally rooms rented out, and the person moving in gives the deposit to the person moving out. Original lease may be many moons ago. Best of asking the EA that you have a mate wanting a place, and can you continue the arrangement. Some EA's like it, as they take the rent, and don't do anything else.


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    #3
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    the_syco wrote: »
    I've seen a few threads about this sort of thing, and it's generally rooms rented out, and the person moving in gives the deposit to the person moving out. Original lease may be many moons ago. Best of asking the EA that you have a mate wanting a place, and can you continue the arrangement. Some EA's like it, as they take the rent, and don't do anything else.

    If it was just me moving I'd be sorted, I'd just get someone to cover my deposit but since we're all going its slightly different. We'd need 3 new people.


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    #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    I know what I'd do but suggesting same would earn me a slap.

    All I'll say is the PRTB process of mediation works both ways; sometimes you may just want to put yourself in a position where you have some bargaining power. That's not to suggest you do anything to avoid paying anything you legitimately owe.

    All that said are these lease agreements even subject to the PRTB.


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    #5
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    Just an update on this.

    They sent us the same letter they sent back in December about the rent increase. Stating that "Because you have not had a rent increase in 12 months the rent is now being increased to XXXX from 1st March"

    Our rent was increased in April so they are still trying to increase it too early. They have all the documentation to show this as well as I sent it onto them in December.

    All phone calls/emails have been ignored. I'm afraid now if I don't pay the increased rent for March that that'll give them the basis for not returning my deposit.

    I actually cannot wait to move.


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    #6
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Stench Blossoms wrote: »
    Just an update on this.

    They sent us the same letter they sent back in December about the rent increase. Stating that "Because you have not had a rent increase in 12 months the rent is now being increased to XXXX from 1st March"

    Our rent was increased in April so they are still trying to increase it too early. They have all the documentation to show this as well as I sent it onto them in December.

    All phone calls/emails have been ignored. I'm afraid now if I don't pay the increased rent for March that that'll give them the basis for not returning my deposit.

    I actually cannot wait to move.
    You should detail all the issues you have had with these clowns and make a complaint directly to the Property Services Regulatory Authority


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    #7
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    I would register a complaint about this agency with the Property Services Regulatory Authority. In addition, it sounds like they entered the property without your permission when they changed the locks.


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    #8
    El_Duderino 09
    Registered Users Posts: 20,275 ✭✭✭✭El_Duderino 09


    have you asked them about the deposit? Better to do it in advance than wait until you're moving. With the stress of moving and limited time it's likely that poor decisions will be made.

    Call them and when they say they don't know the answer, ask them what time would be good to call back. Suggest a time like 2 hours in the future and make sure to get their name and ask for them. I have had success with this method. It makes sure they know you won't go away and it's more worth their while to just deal with your complaint.

    Good luck


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    #9
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    El_Duderino 09 wrote: »
    have you asked them about the deposit? Better to do it in advance than wait until you're moving. With the stress of moving and limited time it's likely that poor decisions will be made.

    Call them and when they say they don't know the answer, ask them what time would be good to call back. Suggest a time like 2 hours in the future and make sure to get their name and ask for them. I have had success with this method. It makes sure they know you won't go away and it's more worth their while to just deal with your complaint.

    Good luck

    I haven't mentioned to them about moving out just yet. I wanted to wait until I got the car fob sorted before mentioning anything else.

    I sent them another email about the rent increase asking them if this letter was another mistake and could we disregard it.

    They just rang me back about the car fob. They said to "drop it into the office" and they would "credit my account". I asked them if they wanted to take my account details now and she said "No we'll credit it to your account that you pay rent from". I said that that didn't make sense and they'd need my account details to reimburse me. She got confused and I said "Or do you me me withholding 80e from next months rent?" She put me on hold and then hung up.


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    #10
    El_Duderino 09
    Registered Users Posts: 20,275 ✭✭✭✭El_Duderino 09


    Stench Blossoms wrote: »
    I haven't mentioned to them about moving out just yet. I wanted to wait until I got the car fob sorted before mentioning anything else.

    I sent them another email about the rent increase asking them if this letter was another mistake and could we disregard it.

    They just rang me back about the car fob. They said to "drop it into the office" and they would "credit my account". I asked them if they wanted to take my account details now and she said "No we'll credit it to your account that you pay rent from". I said that that didn't make sense and they'd need my account details to reimburse me. She got confused and I said "Or do you me me withholding 80e from next months rent?" She put me on hold and then hung up.


    They probably can just credit the account you pay rent from. I wouldn't trust their word over the phone. Call them back and ask them to send you a letter (at least an email) outlining the arrangement including how and when they will refund the 80 Euro.


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    #11
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    Because the agency has changed, and you have no lease, there is a risk you are paying rent to the contractually incorrect account.

    To avoid any confusion, call them on the date the last rent falls due and discuss how to ensure payment of the rent to the correct landlord (or properly appointed agent).

    That phone call may also be a good time to discuss a date for final inspection and return of deposit.


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    #12
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    3DataModem wrote: »
    Because the agency has changed, and you have no lease, there is a risk you are paying rent to the contractually incorrect account.

    To avoid any confusion, call them on the date the last rent falls due and discuss how to ensure payment of the rent to the correct landlord (or properly appointed agent).

    That phone call may also be a good time to discuss a date for final inspection and return of deposit.

    I do have a lease :confused: as far as I'm aware my original lease still stands. They have a copy of it and it includes how much money is to be paid.


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