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Getting a deposit back - no lease signed

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  • 05-07-2016 5:49pm
    #1
    Hayden Pennyfeather
    Registered Users Posts: 72 ✭✭


    Hi all,

    Interested to hear people's thoughts on my situation, and suggestions on the best approach to take.

    I paid a deposit on an apartment - despite having doubts about the landlord, and knowing there was a judgement mortgage on the property. I took a risk no doubt, but i had hoped to get as far as signing a lease in which case my tenancy would have been secured. The week before I was due to move in I received a text from the landlord telling me he was up in court in a couple of weeks as he had received a repossession order, but he would return my deposit if i wished. I spoke to him the following day, he seemed genuinely upset and apologetic, and he said he was getting some advice on his situation and would keep in touch. I rang him the following day and he asked to call him in the afternoon as he was going into a meeting about the property. He did not answer my return call later that day and since then ( a week ago) he has been ignoring all calls and texts, and i have called to his house - fairly sure he was there - and he did not answer the door. I have gotten advice from Threshold who told me to send a letter requesting the deposit back within 14 days, to follow up with a further letter after a week and and if this does not work to bring him to the Small Claims Court.

    I have a receipt for the deposit, signed by the landlord, and the deposit was paid by bank transfer - so i have the landlord's bank details. The landlord is currently living in the property, so I know where to find him.

    Would be interested to hear of anyone else's experience in a similar situation. Thanks


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    #2
    Marcusm
    Registered Users Posts: 10,339 ✭✭✭✭Marcusm


    Hope you get it back but realistically you are reliant on the putative landlord's good graces as in law you are standing at the back of the queue. Under no circumstances should anyone part with a deposit to someone with an outstanding judgement mortgage. That is evidence not alone that he does not pay his debts but that his creditors have taken action to secure his available assets.


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    #3
    Sad Professor
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Technology & Internet Moderators Posts: 22,678 CMod ✭✭✭✭Sad Professor


    Marcusm wrote: »
    Hope you get it back but realistically you are reliant on the putative landlord's good graces as in law you are standing at the back of the queue. Under no circumstances should anyone part with a deposit to someone with an outstanding judgement mortgage. That is evidence not alone that he does not pay his debts but that his creditors have taken action to secure his available assets.

    How can a tenant know this?


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    #4
    Marcusm
    Registered Users Posts: 10,339 ✭✭✭✭Marcusm


    Sad Professor wrote: »
    How can a tenant know this?

    I was responding to the comments in the original post; I agree that most times it would not be obvious!


  • Options
    #5
    Turtle_
    Closed Accounts Posts: 640 ✭✭✭Turtle_


    Have you tried asking your bank to reverse the transaction?


  • Options
    #6
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    Turtle_ wrote: »
    Have you tried asking your bank to reverse the transaction?

    The money has to be returned it can't be taken back.


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