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Landlord witholding deposit reason

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    #62
    RobAMerc
    Registered Users Posts: 5,863 ✭✭✭RobAMerc


    right so, I called the agent on Thursday. I started the discussion with asking if he thought the house was in a very bad and if he genuinely thought it needed the pros in. He admitted it was left back in very good shape after 3 years and that in reality the cobweb, mold and fridge in the garage he complained about were really minor but that the LL was " very finicky " and considered his house to be in better shape than it actually was.
    I agreed and then mentioned the PRTB agreed with me also and said they were confident a case would win. I told him I was reluctant but willing to go ahead with it however. He immediately offered to split the difference in the cleaning. I refused saying he'd just admitted it didnt need it. Low and behold he had the cheque from the LL for the full amount in his possession all along and would post it back to me immediately !

    We hammered out a deal on the rent too as he admitted I was quite entitled to think we had it on a flexible arrangement given emails back and forward we'd had. However I conceded we had benefited hugely from the flexibility and paid a bit above the portion of the month we'd stayed on. I received the cash into my account yesterday.
    For some reason the agents are scared sh*tless of the PRTB, the instant change in his stance proved this.

    As a landlord myself I have to say, I think its ridiculous that anyone expects the property back in as good as or better condition than they let it in. A good cleaning and decoration if needed I see as a cost of running the business. I also think the outgoing tenants owe absolutely nothing to the incoming tenants, the landlord does.

    I also think trying to extract cash out of people who return an undamaged property with the rent fully paid up is scurrilous and deserves derision.


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    #63
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Agents often have their own agenda and interests.


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    #64
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    beauf wrote: »
    Agents often have their own agenda and interests.
    Many use the money they can withhold for unnecessary cleaning as an extra bonus and might not even inform the landlord.

    In this case because the deposit was there in full I would believe that the withholding of the deposit was all the agents idea and they were trying to keep the deposit as extra. In such cases they would hate the PRTB being involved because then the Landlord would be told that the cheque they had happily written for the return of deposit had been withheld by the agent.


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    #65
    Boskowski
    Closed Accounts Posts: 5,361 ✭✭✭Boskowski


    Surely after 3 years it is absolutely normal to expect from the LL to have the place cleaned and painted anyways before they rent it out again. And unless its specified in the contract that the tenant has to cover that or the tenants made an actual mess this has to be considered normal LL expenditure. If they haven't factored that into their calculation its their own fault. They're chancing their arm or are amateurs, be nice and professional, but firm.


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    #66
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    foggy_lad wrote: »
    Many use the money they can withhold for unnecessary cleaning as an extra bonus and might not even inform the landlord.t.

    Have you some evidence to back this up or is this another of your simplistic statements that has no basis in fact or truth?


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    #67
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Rather than make personal attacks it's obvious that agents are unregulated, many have posted poor prior experience off them.

    http://www.bbc.co.uk/newsbeat/article/26326033/tenants-ripped-off-by-letting-agents-keeping-deposits

    There are some good agents so if you find one it's worthwhile to stick with them if you can.

    The situation for the op may be innocent, but the agent may have different objectives. To maximize the return for the agent for example is one possibility.


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    #68
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    beauf wrote: »
    Rather than make personal attacks it's obvious that agents are unregulated, many have posted poor prior experience off them.

    http://www.bbc.co.uk/newsbeat/article/26326033/tenants-ripped-off-by-letting-agents-keeping-deposits

    There are some good agents so if you find one it's worthwhile to stick with them if you can.

    The situation for the op may be innocent, but the agent may have different objectives. To maximize the return for the agent for example is one possibility.

    The BBC link you've quoted- is a story from about 18 months ago- about a con that was running in England- where a cohort of agents were taking 'holding fees' off prospective tenants- and then refusing to allow them to move into the properties that they'd paid holding fees for.......

    Believe it or not- agents are far better regulated in Ireland- and the PSRA- despite its staggering remit (it even governs the likes of auctioneers at livestock marts for example)- does get things done, and is held in reasonable regard both by industry and end users.

    I cannot comment on what the agent may or may not have been doing in the OP's case- however, the cases linked to are not relevant.


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    #69
    keane2097
    Registered Users Posts: 17,773 ✭✭✭✭keane2097


    Might quit my job and go into business as a cobweb remover since so many people seem to think it's reasonable to charge ~€200 per cobweb.


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    #70
    CaoimheSquee
    Registered Users Posts: 359 ✭✭CaoimheSquee


    RobAMerc wrote: »
    Low and behold he had the cheque from the LL for the full amount in his possession all along and would post it back to me immediately !


    :eek:

    Bloody hell, report that to the Property Services Regulator!
    Absolutely scandalous.


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    #71
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    The_Conductor wrote: »
    The BBC link you've quoted- is a story from about 18 months ago- about a con that was running in England- where a cohort of agents were taking 'holding fees' off prospective tenants- and then refusing to allow them to move into the properties that they'd paid holding fees for.......

    Believe it or not- agents are far better regulated in Ireland- and the PSRA- despite its staggering remit (it even governs the likes of auctioneers at livestock marts for example)- does get things done, and is held in reasonable regard both by industry and end users.

    I cannot comment on what the agent may or may not have been doing in the OP's case- however, the cases linked to are not relevant.

    I forgot about this thread.

    My link was an example of what people could post instead of making personal comments. It was relevant about agents behaviour in general and I made the point there's plenty of complaints on these forums about them. Also that we have no idea what the agent in OP story was doing. I couldn't find anything reports or stats about Irish agents.

    http://leman.ie/has-the-property-services-regulatory-authority-regulated/

    But if you have some data to share about agents, or how they're regulated, it would be useful addition to the thread. My personal experience of agents has been very mixed.

    Just my "simplistic" viewpoint


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