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Unreturned deposit from now deceased landlord.

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    #32
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    utmbuilder wrote: »
    I think you should get to grips with the high probability you wont get the deposit back.

    Why wouldn't the o/p get the deposit back?


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    #33
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    utmbuilder wrote: »
    I think you should get to grips with the high probability you wont get the deposit back.
    A debt owed by a deceased person becomes a debt of the estate, and the executor or administrator has a duty to see that it is paid (unless the estate is insolvent).

    It might take some time.


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    #34
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    4ensic15 wrote: »
    That is why a complaint should go to the RTB. They will write to the landlord and his per reps will open the letter and get the ball rolling. They will deal with the RTB.
    I don't see that this would get things achieved any faster than a direct approach, and invoking a complaint process might be more upsetting to the family than a sensitively constructed letter from OP.


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    #35
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    P. Breathnach wrote: »
    I don't see that this would get things achieved any faster than a direct approach, and invoking a complaint process might be more upsetting to the family than a sensitively constructed letter from OP.

    First off, the o/p doesn't know whom he should approach. He doesn't know if there is a will or not. He doesn't know if there is an executor. It is common for bills to come in for deceased people after they die. There is no need for sensitivity anyway. There will be plenty of money in the estate as presumably the landlord owned at least 2 houses. a small bill will not put anyone out.


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    #36
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Distasteful though it may sound- 4senic15 is right on this- the proper and correct course of action is to lodge a PRTB case- its going to take some time- however, there is absolutely no reason that the OP would not have their deposit returned in due course.


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    #37
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    4ensic15 wrote: »
    First off, the o/p doesn't know whom he should approach. He doesn't know if there is a will or not. He doesn't know if there is an executor. It is common for bills to come in for deceased people after they die. There is no need for sensitivity anyway. There will be plenty of money in the estate as presumably the landlord owned at least 2 houses. a small bill will not put anyone out.
    There is a well-established protocol for contacting the survivors of a deceased person: write to "the personal representative of xxx" at the deceased's address. The term "personal representative" applies equally to executors or administrators.

    While you might see no need for sensitivity, I see it as preferable to insensitivity. We are discussing dealing with people who have recently been bereaved.

    Further, you have a better chance of getting a quick result if you do not immediately "go legal". Although, as I already said, you can't be sure of a quick outcome in any case.


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    #38
    Claw Hammer
    Registered Users Posts: 6,239 ✭✭✭Claw Hammer


    P. Breathnach wrote: »
    There is a well-established protocol for contacting the survivors of a deceased person: write to "the personal representative of xxx" at the deceased's address. The term "personal representative" applies equally to executors or administrators.

    .

    There might be no personal representatives at all yet if there is no administrator. Asking someone to pay money owed by a deceased person does not require any sensitivity. The o/p was in a business relationship and does not have to concern himself with niceties. The reality is that the per reps may not be willing to hand out the money without a determination order from the RTB. How do they know that the LL didnt give back the deposit and the o/p is now pulling a scam? If the property was not registered it is likely that the deceased's affairs are opaque. The LL sounds like a tight git and it is likely his heirs and assigns are the same.


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    #39
    utmbuilder
    Registered Users Posts: 471 ✭✭utmbuilder


    the RTB complaint would be viral material

    "dear rtb, i didnt get my deposit back as the landlord died

    how dare he"


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    #40
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    utmbuilder wrote: »
    the RTB complaint would be viral material

    "dear rtb, i didnt get my deposit back as the landlord died

    how dare he"

    The landlord dies after the deposit was due. the death was not the cause of the return of the deposit. the non return of the deposit was due to meanness.


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    #41
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    4ensic15 wrote: »
    the non return of the deposit was due to meanness.

    You don't know that, it could have been due to illness, financial issues or another factor. Please don't make wild assumptions to support your argument.


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    #42
    Padster90s
    Registered Users Posts: 272 ✭✭Padster90s


    You won't get anything for a few weeks. Your LLs accounts will be frozen be by Revenue to see if he owes anyone. He owes you so you'll have for find a way of proving he owes you and find out who to give the claim info to. Be considerate yeah but he owes you and these things happen, its why Revenue freeze accounts.


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