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Deposit Returned

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  • 25-12-2016 6:38pm
    #1
    Registered Users Posts: 8


    Happy Christmas 🎄
    Hi there,
    I am just wondering that I paid the first month rent and deposit to a letting agent and she gave me a receipt for that. I submitted all the necessary documents, she texted me then that the landlord was happy with agreement. However after 2 days, the letting agent called me that the landlady was not happy with the agreement as my job contract is only for 6 months. In the mean time, I had purchased a ticket for my wife and I got this call from the letting agent. If I were to step back my security deposit would have gone, but when she stepped back, can I take any action against her?
    I only have the receipt for money but not the actual agreement? I have text messages of her conversation that they were happy to go ahead.
    I viewed the apartment and the letting agent came to me to hospital where I paid her the security and rent and she told me that she will bring the contract/agreement to the hospital.


Comments

  • Closed Accounts Posts: 384 ✭✭Denny_Crane


    Any answer to your question would breach the rule on legal advice. In general terms you have to mitigate your loss and then once you know where you are you can look to recoup damages. I make no comment on how likely that is in your situation.

    You can contact the various institutions for advice, in this case probably flac.ie is the most relevent. Approaching this from a purely practical point of view, is it going to be worth the hassle - only you can answer that with the benefit of proper legal advice.


  • Registered Users Posts: 19,656 ✭✭✭✭Muahahaha


    Do you have a signed contract? If you do not then sorry to say that you have no agreement with the letting agent or landlord, even if you have text messages saying that they intended to rent the apartment to you. To have a legal agreement you need to have a signed contract and without this you are not protected very well by the law.

    The best thing you can do is try to convince the landlord & letting agent that you can afford to pay the rent beyond your 6 month contract. This might be done by offering an extra one or two months rent in advance. Also your employer might have help/advice to offer on finding accommodation to rent.


  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    Verbal agreements can be just as valid as signed agreements but you should get proper legal advice before doing anything about it.

    Even if you did fight it and get to stay I don't think it would be worth staying with the spoiled relationship with the agency.


  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Muahahaha wrote: »
    To have a legal agreement you need to have a signed contract and without this you are not protected very well by the law.

    That is not correct. Verbal contracts exist, and a text message can be considered confirmation of a contract.

    The OP should definitely try to talk to the landlord and try to resolve any concerns.

    Other than that, they can lodge a dispute with the RTB.


  • Registered Users Posts: 8 Doc.Abdul


    Dear friends,
    Thank you for all your comments. I really appreciate your help. I have a receipt of payment and text messages of conversation. Furthermore, she told me that she would bring the contract but she never did.
    I can never think of living in this apartment now but I do want to teach her a lesson even if I have to pay a little bit extra for it.
    I do want to teach her lesson. I couldn't sleep for a night just because the shock that it caused me. She should face the music too. I would love to see that happen.


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  • Registered Users Posts: 31,080 ✭✭✭✭Lumen


    I hope you don't approach all of your business and personal dealings with this degree of menace.

    Let it go.


  • Registered Users Posts: 2,337 ✭✭✭Loveinapril


    Doc.Abdul wrote: »
    Dear friends,
    Thank you for all your comments. I really appreciate your help. I have a receipt of payment and text messages of conversation. Furthermore, she told me that she would bring the contract but she never did.
    I can never think of living in this apartment now but I do want to teach her a lesson even if I have to pay a little bit extra for it.
    I do want to teach her lesson. I couldn't sleep for a night just because the shock that it caused me. She should face the music too. I would love to see that happen.

    This is very immature behaviour. The letting agent is just doing her job and the client has a right to change their mind before the contracts are signed, especially if they are concerned about not being paid rent.


  • Registered Users Posts: 8 Doc.Abdul


    Lumen wrote: »
    I hope you don't approach all of your business and personal dealings with this degree of menace.

    Let it go.

    Who is mean here, do you even know what values are. How troublesome it is nowadays to search for accommodation and then you are ditched like this. There are no values left in this business at all. I curse it.


  • Registered Users Posts: 8 Doc.Abdul


    Doc.Abdul wrote: »
    Who is mean here, do you even know what values are. How troublesome it is nowadays to search for accommodation and then you are ditched like this. There are no values left in this business at all. I curse it.

    As far as rent is concerned, I have references and they can inquire about me. I don't think so that they are concerned about rent. I neither do it to someone else nor can expect from someone.


  • Registered Users Posts: 2,337 ✭✭✭Loveinapril


    Have you got a regular income stream that you can show that you can pay the rent when your contract ends in 6 months?


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  • Registered Users Posts: 8 Doc.Abdul


    Have you got a regular income stream that you can show that you can pay the rent when your contract ends in 6 months?

    Definitely, my pay is 50K. It's about principles. Instead of discouraging such a dirty behaviour, you are appreciating it. Shame.
    If we let every letting agent go like this they will be playing with all the tenants like this.


  • Closed Accounts Posts: 522 ✭✭✭Walter2016


    The letting agent has to follow instructions from landlord.

    Maybe do the opposite to the agent and be nice and ask him/her to locate you another property?

    Many letting agents don't very much like the landlords either, but that's where they earn their money, so they must follow the instruction they are given - even if they don't agree with it.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Moderator note

    Doc.Abdul I appreciate that English may not be your first language and some things get lost in translation but it is not acceptable that you attack posters on this forum. Posters are asked to be civil to each other at all times. Thank you


  • Registered Users Posts: 8 Doc.Abdul


    athtrasna wrote: »
    Moderator note

    Doc.Abdul I appreciate that English may not be your first language and some things get lost in translation but it is not acceptable that you attack posters on this forum. Posters are asked to be civil to each other at all times. Thank you

    I apologise if my statement is offensive but I didn't mean it.
    I was emotional earlier and I couldn't even think of something like this happening here in Dublin. I lived in Castlebar for two and half years.people there were really nice and their words were more than agreements. Anyways, I took my money from the letting agent and left this issue. I was emotional earlier, I think.
    I very honestly say that if I were at that landlady or letting agents place, I would have never thought getting back from my promise for a few hundred euros. To me it seems immoral that once I agreed to someone then I would not abide by that agreement. Accepting money and giving word is an agreement. This is what I believe in.


  • Closed Accounts Posts: 640 ✭✭✭Turtle_


    Doc.Abdul wrote: »
    I apologise if my statement is offensive but I didn't mean it.
    I was emotional earlier and I couldn't even think of something like this happening here in Dublin. I lived in Castlebar for two and half years.people there were really nice and their words were more than agreements. Anyways, I took my money from the letting agent and left this issue. I was emotional earlier, I think.
    I very honestly say that if I were at that landlady or letting agents place, I would have never thought getting back from my promise for a few hundred euros. To me it seems immoral that once I agreed to someone then I would not abide by that agreement. Accepting money and giving word is an agreement. This is what I believe in.

    It's crummy, but try to see it from their POV. You have income for just enough time to give you a part 4 tenancy, after which you may end up without a job... It takes over a year - along with massive loss of rent and additional costs - to get someone out of a rental if they stop paying rent. It's a risk that I can't blame the landlord for avoiding if they can get someone who has a permanent contract.

    It's not easy, definitely a landlord's market out there


  • Registered Users Posts: 346 ✭✭Ayuntamiento


    Turtle_ wrote: »
    It's crummy, but try to see it from their POV. You have income for just enough time to give you a part 4 tenancy, after which you may end up without a job... It takes over a year - along with massive loss of rent and additional costs - to get someone out of a rental if they stop paying rent. It's a risk that I can't blame the landlord for avoiding if they can get someone who has a permanent contract.

    It's not easy, definitely a landlord's market out there

    If Doc.Abdul is actually a doctor (which i'm assuming he is as they were going to bring contracts to his hospital), most contracts for locums are only 6mths long but you're 100% guaranteed to walk into the next job. Only a very foolish landlord would turn away that type of tenant. My advice is that you're probably better off not dealing with somebody that ignorant.


  • Registered Users Posts: 4,881 ✭✭✭TimeToShine


    If Doc.Abdul is actually a doctor (which i'm assuming he is as they were going to bring contracts to his hospital), most contracts for locums are only 6mths long but you're 100% guaranteed to walk into the next job. Only a very foolish landlord would turn away that type of tenant. My advice is that you're probably better off not dealing with somebody that ignorant.

    True but by nature locum work is very scattered, I personally wouldn't chance it a they're very likely to move on within a year.


  • Registered Users Posts: 346 ✭✭Ayuntamiento


    True but by nature locum work is very scattered, I personally wouldn't chance it a they're very likely to move on within a year.

    Most landlords here seem to complain that they can't get rid of tenants because of security of tenure after 6mths etc. The medical market is an incredibly lucrative one. Lots of high earning doctors who move along every 6-12mths. They're rarely ever at home to cause trouble or wear&tear to your property.
    And when they leave they have a huge social network of fellow doctors to re-advertise their apartment/room to (IF you've been a decent landlord).
    We've just bought recently and my husband is a doctor. We'll be out of Dublin frequently over the next few years and have every intention to do short-term medical lets.


  • Closed Accounts Posts: 423 ✭✭Clampdown


    It shouldn't even be the business of a landord how long the tenant's current contract is for, they're responsible for the rent for the letting term on the agreement regardless.

    Landlords in the City turning away doctor's as tenants. Crazy.


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