Rental agency withholding portion of bond for abolished water charge

biscuithead

I rented an apartment from 2014 to 2016.

During that time I received correspondence from the agency demanding that I register with Irish Water so as to start receiving water bills. I made it quite clear that I would not be doing this and furthermore that this was a matter between me and IW and not with the agent.
The agent proceeded to withhold 127 Euros from my security deposit as in-lieu payment of any water charges. As we all know the water charge has been abolished yet this agent continues to hold onto this money.

What avenue should I pursue in order to retrieve these funds?

Mr. Incognito

None.

It's the law to pay it.

Otherwise it may be registered as a charge against the property.

You are responsible as a tenant to pay all the utilities. If you dont they can withhold the money.

If you own your own house then you can take a stand.

You cant take a stand on someone elses behalf.

Pat Mustard

Mr. Incognito wrote: »

Otherwise it may be registered as a charge against the property.

I don't think that this is correct. Do you have a link to the relevant section which states this?

lavinia hathaway

The RTB site states that there is no legislation is place to withhold a deposit for unpaid water bills.

https://www.rtb.ie/tenants/helpful-info/irish-water-charges-q-a

If the landlord informed IW that he wasn't the occupier then the charge lies with the tenant and not against the property. At least, that's my understanding of it, whether it's been tested or not in a dispute, I don't know.

Mr. Incognito

Pat Mustard wrote: »

I don't think that this is correct. Do you have a link to the relevant section which states this?

Not law yet.

Mooted.

http://www.irishtimes.com/news/politics/water-charges-and-property-tax-may-be-combined-says-ff-1.2886998

biscuithead

Mr. Incognito wrote: »

None.

It's the law to pay it.

Otherwise it may be registered as a charge against the property.

You are responsible as a tenant to pay all the utilities. If you dont they can withhold the money.

If you own your own house then you can take a stand.

You cant take a stand on someone elses behalf.

This is where I get confused. Since I didn't enter into any contract with Irish water then how am I legally bound to pay them anything?

Pat Mustard

biscuithead wrote: »

This is where I get confused. Since I didn't enter into any contract with Irish water then how am I legally bound to pay them anything?

Water charges arise under statute but you will be aware of the recent government policy change which means that debts for unpaid domestic water charges are not being enforced at the moment.

whippet

biscuithead wrote: »

This is where I get confused. Since I didn't enter into any contract with Irish water then how am I legally bound to pay them anything?

This is pseudo-legal argument which was peddled around a lot by some sections of the Anti-Water protest groups.

As explained by another poster the charge was originally in place by statute .. so regardless of weather or not you signed up, returned to sender, wrote some nonsense on the envelope or ignored the correspondence you were liable for the charge.

Mr. Incognito

You elected representives to pass law on your behalf.

They passed law on your behalf.

You have therefore consented to the law.

The Law Applies to everyone. Consent is expressly given when you vote.

ScouseMouse

Water charges have been abolished - but the original charges still hold true. They are just making provision for any enforcement to come.

ScouseMouse

Mr. Incognito wrote: »

You elected representives to pass law on your behalf.

They passed law on your behalf.

You have therefore consented to the law.

The Law Applies to everyone. Consent is expressly given when you vote.

That's an interesting angle. I have never voted or registered to vote. Does that apply to me?

AlanG

The agency is correct - the government made laws that make the landlord ultimately responsible for the water charges on the property. Most rental contracts include a clause where you agree to pay all legal utility charges. These laws have not yet been reversed.
Just like taxes the government can make you legally obliged to pay a charge against your will. Ask how many water charge protesters have used the no contract argument against the revenue commissioners if you want to see how much they actually believe that fiction.

Mr. Incognito

ScouseMouse wrote: »

That's an interesting angle. I have never voted or registered to vote. Does that apply to me?

Yes. You have a right to register and vote. If you don't thats your choice.

You avail of roads, hospitals, schools, transport, and all of the other things paid by taxation and administered by elected representatives.

If you don't like how its run, vote for the other person.

Peregrinus

Mr. Incognito wrote: »

You elected representives to pass law on your behalf.

They passed law on your behalf.

You have therefore consented to the law.

The Law Applies to everyone. Consent is expressly given when you vote.

Voting is irrelevant. Whether you vote or not - indeed, whether you are entitled to vote or not - the law applies to you. That's one of the things that makes it a "law" rather just an interesting suggestion.