Getting back my deposit

Fol20

big syke wrote: »

Ridiculous point. Hardly a very big red flag that a tenant wants their Deposit back to use for the next tenancy.

What if they have substantial savings in a 30/60/90 days deposit account?

I imagine you are a delightful Landlord.

I have to say i completely disagree with what your saying. A landlord is trying to ascertain who are the best candidates for his place and if i heard something like the above, i wouldnt be allowing you in my place at all. The last thing i want is someone who doesnt have the foresight to plan out their financials

Browney7

newacc2015 wrote: »

There are third parties like Deposify who will hold the deposit in escrow (ironically they are an Irish company who does a lot of business in the US). So the small chance your landlord goes into receiver is no longer an issue

I think a massive fine from the RTB is a massive determinant to a LL unfairly withholding a deposit. Plus only 0.15% of all tenancies end in an unfairly withheld deposit, which is a tiny issue. If a tenant doesnt want to go to the RTB as they want a quiet life, I hope it works out of them. But it is no one elses fault but their own if they dont use resources at hand.

Should I have chosen Omaha, Nebraska or Reno, NV as an example then? The city is irrelevant, the point that sizeable deposits are the norm in most other countries and should be here too.

So in this case if the tenant was proved right the landlord should have to pay more for causing undue stress on the tenant. So you agree with an escrow system? Most landlords on here don't. Interesting.

Don't agree that the tenant should be expected to be au fait with the intricacies of tenancy law - the OP in this case thought that painting was deductible from the deposit. Decent landlords wouldn't chance this and will ruin it for everyone else - no difference to bad tenants. More sizable deposits would be reasonable but if the tenant has to jump through hoops to get it back from unscrupulous landlords then that results in poorer outcomes. Interesting that you are advocating the use of the RTB, most landlords on here don't agree with this approach and think you should knock yourself unconscious banging your head off a wall and "negotiate"

newacc2015

Browney7 wrote: »

So in this case if the tenant was proved right the landlord should have to pay more for causing undue stress on the tenant. So you agree with an escrow system? Most landlords on here don't. Interesting.

I would agree with an escrow system if landlords could get deposits of 3-6 months off tenants. Landlords dont agree with escrow as it is being suggested that the RTB will run it. The RTB will make a mess of it like they have with their current system of managing disputes ie months for cases to be heard. I think even a reluctant LL would be happy with 6 months rent in escrow. Don't you?

There is little use of the RTB managing one month deposits to make it more difficult to reform them

Browney7 wrote: »

Don't agree that the tenant should be expected to be au fait with the intricacies of tenancy law - the OP in this case thought that painting was deductible from the deposit. Decent landlords wouldn't chance this and will ruin it for everyone else - no difference to bad tenants.

It is amazing in 2017 that people dont think anyone should be responsible for knowing their rights or entitlements considering everything is online now... Do people need their hand held with everything now?

Browney7 wrote: »

More sizable deposits would be reasonable but if the tenant has to jump through hoops to get it back from unscrupulous landlords then that results in poorer outcomes.

Hence my suggestion of a third party escrow system. It addresses your concerns.

Browney7 wrote: »

Interesting that you are advocating the use of the RTB, most landlords on here don't agree with this approach and think you should knock yourself unconscious banging your head off a wall and "negotiate"

What is interesting about it? I am advocating the of us it by tenants(and solely tenants), as the purpose of the RTB is often just to protect tenants. The RTB is of little utility for landlords.

whattodo1

Hi everyone still no deposit, Ive rang emailed everywhere I can now and just waiting to hear from prtb, any more advice I don't know what else I could do?

GGTrek

whattodo1 wrote: »

Hi everyone still no deposit, Ive rang emailed everywhere I can now and just waiting to hear from prtb, any more advice I don't know what else I could do?

If you do not have much time for the legal battle, ask for an RTB mediation. It is a non confrontational way to deal with the issue and there is no need to attend a hearing. The RTB person doing the mediation will read the paperwork setup a discussion on the phone and try to make your landlord and you reach an agreement.
Drawbacks: if no agreement is reached then your only legal option left is tough: paying 100eur to RTB and present the issue directly to the RTB tribunal, which is a public hearing where all the details are published and works very much like a regular court. I would not go there without the support of a solicitor.

Graces7

whattodo1 wrote: »

Ill ask them for the photos yes, Ive been talking to him again now hes saying there was blinds upstairs, its actually one thing after another im so upset. Ive got emails off esb for the work and dates also. He also said why didnt I ask for blinds or stuff painted etc which I did I really don't know what they are running im actually suprised they are still a business.

Yes I will take it if its only that Ive no time or energy but im just disapointed im being treated like a fool. Ive now been told it will be sorted thursday or friday.

OP; please call Threshold and let them contact the agent on your behalf? ie act as your advocate and spokeperson.

I have done this and it takes the stress out of it for you. ALso they are "official" and that may well sort the agent out. Please call them? They helped me with an appalling problem when I moved in here with the agent.

Like you I was exhausted and could not cope; gave them the details and let them call the agent.

Graces7

Fol20 wrote: »

I have to say i completely disagree with what your saying. A landlord is trying to ascertain who are the best candidates for his place and if i heard something like the above, i wouldnt be allowing you in my place at all. The last thing i want is someone who doesnt have the foresight to plan out their financials

So what of eg rent allowance tenants? I have always planned ahead myself but on socialwelfare, ie a pension it is not easy by any means. I only manage it as I retained my credit card and seldom use it. Not an issue of foresight or blame?

ted1

Immaculata wrote: »

The landlord, ideally, should come over on the day you've left and check the place out. If everything's okay, bar ordinary wear and tear, he or she should transfer the deposit back to you then. So in my opinion, you shouldn't be waiting more than a week.

After all, you need the deposit so you can use it to secure your next place.

No, he should do it once he does his heck and ensures that all bills are paid up as per contract.

El_Duderino 09

GGTrek wrote:

The agent is talking BS and he/she is probably a chancer. Have you got photos of your property before you left? Have you checked your inventory? Electrical wiring outside the house unless he can prove that there was malicious damage (like you ripped off the wiring) there is no chance at all it can be your fault.

OP could appear to take the opposite apporoach. Instead of trying to play down the threat of court and pay off the estate agent, pretend to take their advice.

I'd act clueless and like I was entertaining the idea of paying up, and ask for a copy of the receipts for the items in question. Give them some rope to hang themselves. Hopefully they'll get gredy and do something blatently illegal (say they don't have receipts or try to charge a crazy amount for repairs without any evidence, exaggerate the damage to do etching you can prove is false with your pictures)

Then email something to the effect that your not an expert in the law do the best thing to do is let the experts sort it out. Draft an email for RTB and the estate agents body and propose sending that along with the email chain of the conversation with the EA. Ask if there is anything missing from the evidence trail and propose a date to send it to the bodies above (e.g. this day next week). If you haven't heard from them by then, you'll assume they're happy to proceed and let the experts sort it out.

CruelCoin

rawn wrote: »

I don't understand why the outgoing landlord would be concerned with the tenants ability to save though?

"if told by a new tenant,"

I think you misread his post.

This is a big-red for me also. "Hey dude, i'm hand to mouth, but i'm totally cool for being on time with my rent"......

It's a business call, and that sounds like the kind of customer you give a pro-forma to.

CruelCoin

Samuel T. Cogley wrote: »

Utilities shouldn't really be an issue if proper meter readings are taken. The LL is not liable for the tenants bills.

Yup. Same goes when you're buying a home. Utility liabilities lie with the previous owner.

ted1

CruelCoin wrote: »

Yup. Same goes when you're buying a home. Utility liabilities lie with the previous owner.

Most leases state that the tenant must pay all bills due. The landlord needs to ensure that the terms of the contract are meet before returning the deposit

Boater123

Samuel T. Cogley wrote: »

Utilities shouldn't really be an issue if proper meter readings are taken. The LL is not liable for the tenants bills.
.

I agree that if the tenant has done what they are supposed to do, such as give sufficient notice and closed accounts properly etc, then the LL should do what they are supposed to do and return the deposit promptly as prescribed by law. Such a tenant should not have to wait more than a few days for it.

But here is a little story, cut short as I can:

Old tenant had put the electricity into Bord Gáis during their tenancy as is their right but was done without my knowledge. When tenancy was up BG wouldn't let old tenant sign off the account until LL signed on.

I didn't want to have dealings with BG but rationalized that new tenant was signing on soon so what did it matter.

New tenant moved in a few weeks later, tried to sign them up with BG when he moved in but BG needed details he had not to hand on the moving in day. It was over a week later when BG would confirm that a/c was no longer in my name, but would give no other details as a/c was now in somebody else's name.

I won't go in to any detail so as not to derail, but tenant was a <snip> , and was there a total of about 5 weeks, left of his own accord.

About two weeks before he left he closed his a/c with BG, and instead of BG getting me to sign back on, BG accepted this and the false reading he gave them. They also had accepted the false reading, and date he gave them from when he moved in. Sticking me with the majority of his electricity usage, along with many other things.

So now as is my right, I will ensure all accounts for services to the property are in order before returning a deposit, so as not to be stuck again (or to have the headache of dealing with the likes of a nightmare company like BG).

Fol20

Graces7 wrote: »

So what of eg rent allowance tenants? I have always planned ahead myself but on socialwelfare, ie a pension it is not easy by any means. I only manage it as I retained my credit card and seldom use it. Not an issue of foresight or blame?

What i would say is like doing an interview you want to put your best foot forward and if there are several candidates for the same place, i will always try and pick the best and most suitable candidate.

whattodo1

Hi everyone I got in contact with threshold and they advised me to ring once more about my deposit, Ive done that this morning and I was told they were waiting for electritians to come back about stuff he had done, now when I moved in they had to send one out to me because there was major faults and esb networks had repaired lines outside the propery.

Can the estate agents charge me for eleectrical work?

FishOnABike

You can only be charged for making good damage you cause. You cannot be charged for the LL upgrading the electrical supply or fixing faults which were there when you moved in.

whattodo1

FishOnABike wrote: »

You can only be charged for making good damage you cause. You cannot be charged for the LL upgrading the electrical supply or fixing faults which were there when you moved in.

Ok thanks.

whattodo1

Got my deposit back today the landlord went through the photos of the way it was when I got it and the way I left it he was satisfied I left it perfect and looked after the house, all that was taken was money for a microwave that had stopped working so happy days, thanks to everyone for your advice and help really appretiated it.

TheChizler

Fair enough you're happy but if it was me and I hadn't mistreated the microwave I'd dispute that.

whattodo1

TheChizler wrote: »

Fair enough you're happy but if it was me and I hadn't mistreated the microwave I'd dispute that.

Ive been trying to get my deposit back for 2 weeks and to be honest I was so exhausted trying to explain stuff that had gone wrong with the property, glad to take it and just cut ties and move on.