Lost my room to Landlord's "Mistake"

Eimee90

Hi, guys, I recently viewed a house , room to rent and liked it so put in an offer . The landlords daughter was effectively in charge as she would be living there, renting it for her father. I got a text offering me the room, with the request to forward the desposit and one months rent (over, 1,000 euros) I was delighted and within a day had deposited the full amount into their account, I texted them to confirm such and they replied back saying I could collect keys on the weekend. One day later I receive a text out of the blue saying a mistake was made, that the landlord themself also signed a contract with someone else, giving them the room, signed and all, and basically I've lost the room. I never signed a contract, I just had the text confirmation of the room offer and request for the money which I transfered immediately.

They are returning my money but I have now only three days left to find a place as I told my landlord I was moving and they arent the most helpful kind. Im absolutely distraught. Is this legal or fair?

Just looking for some opinions on this

endagibson

I wouldn't have handed over any money before I had the keys in my hand. Are you sure this isn't a scam?

Eimee90

endagibson wrote: »

I wouldn't have handed over any money before I had the keys in my hand. Are you sure this isn't a scam?

I hope not, it was a girl my age, (25 - 30) and I saw the house and all, seemed very normal. Advertised on daft, so hoping it was ok. In the text they said they would refund straight away

km991148

endagibson wrote: »

I wouldn't have handed over any money before I had the keys in my hand. Are you sure this isn't a scam?

or at the very least a lease with details that could be verified.

Try and arrange to meet them NOW. Sorry - I do not mean to add to your stress but there are some common scams around at the moment.

Speedwell

Verbal tenancy agreements are still considered valid agreements, provided they are entered into with a landlord's authorised representative. Is the landlord's daughter really authorised to contract with a tenant (she might or might not be)? If so, since you have been put to trouble and expense because of their error, they have a certain responsibility to make things right with you.

Eimee90

I've been unbelievably stupid.

Speedwell

elsa21 wrote: »

I've been unbelievably stupid.

Don't do that, Elsa. You didn't force the landlord and his daughter to miscommunicate, and you acted in good faith. If you are a victim of a scam, it was because scammers seek out people who are trustworthy and chill. That said, it doesn't make you less trustworthy or less chill or less "nice" to insist on a written contract before handing out money or making important plans in future. Blaming yourself isn't going to help now or then.

Eimee90

Speedwell wrote: »

Don't do that, Elsa. You didn't force the landlord and his daughter to miscommunicate, and you acted in good faith. If you are a victim of a scam, it was because scammers seek out people who are trustworthy and chill. That said, it doesn't make you less trustworthy or less chill or less "nice" to insist on a written contract before handing out money or making important plans in future. Blaming yourself isn't going to help now or then.

Thank's Speedwell, I think its more disappointment than anything, I had searched for ages for somewhere, and have a lot going on right now. I really appreciate your advice

endagibson

elsa21 wrote: »

I've been unbelievably stupid.

Don't panic yet, we could all be assuming the worst.

1. Contact your bank now and see if there's any way of stopping the transfer. Probably not, but give it a try.
2. Don't delete any texts or call records. Take a screenshot of the advert.
3. Contact them again, preferably with a phonecall and arrange to collect your money from the house/office.

If they don't respond to you, then I'd start to fear the worst.

Riesen_Meal

elsa21 wrote: »

I've been unbelievably stupid.

You haven't been stupid, try getting onto the bank and see can that payment be reversed if possible, as surely it counts as a fraud....

(If that is what has happened!)

You may still get the money back if this person is legit, I would get onto the guards ASAP also if you feel you are a victim of a scam...

eeguy

elsa21 wrote: »

I've been unbelievably stupid.

Nah, you were just unfortunate.

Could have happened to anyone, and in fairness, even if you signed something, they'd probably still go with the guy the landlord showed the house to.

Just move on and keep looking.

Eimee90

endagibson wrote: »

Don't panic yet, we could all be assuming the worst.

1. Contact your bank now and see if there's any way of stopping the transfer. Probably not, but give it a try.
2. Don't delete any texts or call records. Take a screenshot of the advert.
3. Contact them again, preferably with a phonecall and arrange to collect your money from the house/office.

If they don't respond to you, then I'd start to fear the worst.

Rang the bank and its too late, it was to an account other than the bank Im with, so they said it wont arrive into their account until tomorrow, I will be ringing them tomorrow again to ask them to refund the money

km991148

elsa21 wrote: »

I've been unbelievably stupid.

ye - don't focus on that or think that way.. especially as there may not be an issue (this may still be a mistake)

You will have a lot of balls in the air over next few days. If this is a scam, I am sorry - however the worst that will happen is you will loose some money. It may seem a lot of money but it will only be money - no one is injured.

There is no point focusing on what could should would have happened - it will drive you crazy.

For now - try and make sure this is not a scam - meet them again in person, go back to the apartment etc.
Second - if it is a scam, go to the police and report to Daft etc - Then move on and try and secure somewhere else.

Good luck

Mac-Chops

Having recently sorted a place, I'm aware of the current climate in Dublin City from a renter's point of view and it sure ain't pretty.

The fact you viewed a room and met somebody, I wouldn't think it's a scam (fairly elaborate if so), just rubbish communication on their behalf.

Lots of the rental agencies I dealt with were requesting a transfer of deposit along with the usual references etc. before even being considered and if it was a case that you were unsuccessful/they didn't choose you, you would have your funds returned.

As a similar aside, I had a situation where I viewed a place with one agent who told me I had it only to find out that another agent had just let the same place while she was out of the office doing a viewing.

Whatever about a private landlord, it's a shoddy way to do business in general..if you put a deposit down, regardless of signing a contract, you'd expect that should be final. It's sadly a sellers' market at the moment though and it means crap like this sometimes needs to be taken on the chin.

usernamegoes

If this is a scam why bother contacting the OP to tell them it's been a mistake? Particularly if they could try and cancel the transfer (albeit not in this case).

cloloco

No keys and no contract and they have your money, I'm afraid there are loads of scams like this where the place is actually an air bnb and the person doesnt actually live in/own the property but shows you around and the property and tells you its yours and then looks for a deposit.

If you got the persons name try looking to see if they have a linked in or facebook page, google their phone number too. Should be able to see if that is their real name or not.

Is the ad still on daft?

Eimee90

Ad is gone off daft but I have number and address of house

TheChizler

I wouldn't be worries about it being a scam OP, get them to confirm they've transfered it back once they get it tomorrow and you should have it the next day or the day after depending on the time they transfer. If you're in a rush to gt it back the least they could do is withdraw the amount in cash and give it to you tomorrow. You deserve that much.

ted1

Speedwell wrote: »

Verbal tenancy agreements are still considered valid agreements, provided they are entered into with a landlord's authorised representative. Is the landlord's daughter really authorised to contract with a tenant (she might or might not be)? If so, since you have been put to trouble and expense because of their error, they have a certain responsibility to make things right with you.

If the daughter lives in the house is it a licencee scenario ? And as such the tenant can be evicted on a whim

Kings Inns or bust

ted1 wrote: »

If the daughter lives in the house is it a licencee scenario ? And as such the tenant can be evicted on a whim

Reasonable notice has to be given, that would be about a day in a situation where someone has just moved in, however that's not the situation here. It's a simple contract matter where damage may be shown by the OP.

You can't get around that by saying, well we could have just moved her in the kicked her out. Yes, you could have done, but you didn't.

OP to answer your question: Legal yes, fair No.

Eimee90

Thank you all for your replies. Shock to the system yes, had just started a new job with first pay still 3 weeks away so 1000 was a lot to hand over. Hopefully it will be refunded tomorrow

Singer73

Have a feeling you'll be grand op. It's tough out there. Take your time.

Mrs OBumble

OP, hopefully it's not a scam and you get your money back tomorrow.

If you can't find somewhere else to go quickly, then check in to a back-packer's hostel until you find somewhere. At this time of year, tourist numbers are down and some places start doing weekly rates. Once the staff know you're working they try to put you in rooms with other workers, which makes it easier to get a night's sleep.

Gileadi

Any news?

Eimee90

Sorry for lack of update guys. I've been run ragged trying to find somewhere. I got the money back in the end, with no apology or reply afterwards when I enquired about it. I believe it wasn't a scam, but the whole act itself was horrible, and cowardly. It was very upsetting. I firmly believe there was more money offered for the room or a friend got it in the end, regardless of that. It was a horrible thing to do.

cloloco

elsa21 wrote: »

Sorry for lack of update guys. I've been run ragged trying to find somewhere. I got the money back in the end, with no apology or reply afterwards when I enquired about it. I believe it wasn't a scam, but the whole act itself was horrible, and cowardly. It was very upsetting. I firmly believe there was more money offered for the room or a friend got it in the end, regardless of that. It was a horrible thing to do.

Glad you managed to get your money back, I was worried it was going to be one of those scams. Have you managed to get a place yet?