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Refusing return of deposit, not registered on the RTB?

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  • 26-04-2018 2:30pm
    #1
    Muirshin Durkin
    Registered Users Posts: 727 ✭✭✭


    If a Landlord/agency is refusing to return deposit, and is claiming damages exceed the initial deposit, can they keep deposit or request more money if they failed to register tenancy to the RTB?


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Muirshin Durkin wrote: »
    If a Landlord/agency is refusing to return deposit, and is claiming damages exceed the initial deposit, can they keep deposit or request more money if they failed to register tenancy to the RTB?

    Yes, that is what a deposit is for, assuming of course they can prove the cost of repairing the damage is equal to, or exceeeds the deposit. A LL can just pay €180 late registration fee to RTB.


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    #3
    sbsquarepants
    Registered Users Posts: 11,812 ✭✭✭✭sbsquarepants


    Did you cause damage of some sort?


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    #4
    Cuddlesworth
    Registered Users Posts: 13,994 ✭✭✭✭Cuddlesworth


    In theory they should be fined, they don't specify the amount though. In reality it usually means their RTB case will go against them.

    Worth pointing out, that just because your not registered doesn't mean you can't put in a complaint.

    Its also worth pointing out, you could be a licensee.


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    #5
    Muirshin Durkin
    Registered Users Posts: 727 ✭✭✭Muirshin Durkin


    sbsquarepants wrote: »
    Did you cause damage of some sort?


    No, im planning on leasing a property in the future and just curious


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    #6
    Bubbaclaus
    Registered Users Posts: 4,461 ✭✭✭Bubbaclaus


    Muirshin Durkin wrote: »
    No, im planning on leasing a property in the future and just curious

    So you are checking out if you can get away with not registering with the RTB and that it won't go against you in the event that you suddenly need their help?


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    #7
    Muirshin Durkin
    Registered Users Posts: 727 ✭✭✭Muirshin Durkin


    Bubbaclaus wrote: »
    So you are checking out if you can get away with not registering with the RTB and that it won't go against you in the event that you suddenly need their help?

    No i was reading some articles and two struck my attention, one regarding landlords being fined for not registering with the RTB, another was a horror story of a tenant causing a lot of damage , not paid rent and then "pulled a runner", and was eventually ordered to only repay the cost of unpaid rent, the topic just came to me somehow


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    #8
    Mike3549
    Registered Users Posts: 985 ✭✭✭Mike3549


    Muirshin Durkin wrote: »
    another was a horror story of a tenant causing a lot of damage , not paid rent and then "pulled a runner", and was eventually ordered to only repay the cost of unpaid rent, the topic just came to me somehow

    Thats not a horror story,
    No rent for more than a year, damage worth 10s of thousands and in the end paying tennant to leave, thats a horror story


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    #9
    Muirshin Durkin
    Registered Users Posts: 727 ✭✭✭Muirshin Durkin


    Mike3549 wrote: »
    Thats not a horror story,
    No rent for more than a year, damage worth 10s of thousands and in the end paying tennant to leave, thats a horror story

    Wow! How can they get away with that?


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    #10
    Mike3549
    Registered Users Posts: 985 ✭✭✭Mike3549


    Muirshin Durkin wrote: »
    Wow! How can they get away with that?

    People who do that are usually on low income and/or receipt of some kind of social benefits. You can try to sue them, but it will cost you more money and the judge might order to pay only a fiver a week.
    Its just not worth it


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    #11
    Muirshin Durkin
    Registered Users Posts: 727 ✭✭✭Muirshin Durkin


    Mike3549 wrote: »
    People who do that are usually on low income and/or receipt of some kind of social benefits. You can try to sue them, but it will cost you more money and the judge might order to pay only a fiver a week.
    Its just not worth it

    Madness!


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    #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Muirshin Durkin wrote: »
    Madness!

    There are 1,400-1,500 such cases nationally annually.
    Unless the landlord is sufficiently aggrieved- normally they just don't bother bringing a case- there is nothing in it for them (once they get their property back of course).

    If a tenant who has just thrashed a place rings Threshold- they will advise on how much the tenant might expect to get as 'compensation' to leave the now destroyed property, from the landlord...........

    Its like an episode of Black Mirror.


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    #13
    Muirshin Durkin
    Registered Users Posts: 727 ✭✭✭Muirshin Durkin


    that's crazy that can go on considering the struggle for, and the expense of accommodation at the moment.


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    #14
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Muirshin Durkin wrote: »
    that's crazy that can go on considering the struggle for, and the expense of accommodation at the moment.

    Its a damn good reason for any landlords out there- to get the hell out of the sector at the first possible opportunity...........


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