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Went to RTB - non return of deposit after moving out

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  • 11-06-2018 12:34pm
    #1
    Catlady76
    Closed Accounts Posts: 82 ✭✭


    I posted last week asking how long should I wait for my now ex LL to contact me in relation to return of my deposit, well this morning I lodged a case with the RTB to try and get it returned to me because the LL is ignoring my calls, text messages and never responded to the letter she rec'd on receipt of the keys which I know she got on Wed 6th as I sent it via courier.
    I am not sure how long the RTB process takes but I felt it was the only real option as far as she is concerned because its 1k she has belonging to us and we were asked to vacate the house because was selling but now we found out she been doing viewings to rent it out again.


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    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    I hope you crucify the LL.

    It would be very useful for other members of the forum if you kept us updated on the process, up to you of course!


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    #3
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    Samuel T. Cogley wrote: »
    I hope you crucify the LL.

    It would be very useful for other members of the forum if you kept us updated on the process, up to you of course!

    Yes no problem, I can do that I notice this is a common thing with LL telling tenants that they are selling and then renting it out again. The neighbors told us that she always does that to get tenants out if they are there long term and she wants to put the rent up because we were there 6 years. I wouldn't mind but we were great tenants paying 1300 and were in the process of house hunting but now have had to move home with parents while we house hunt. It caused alot of stress because originally she just text us to tell us to be out by 30th June and I said to her please send it in writing which she did along with a notice from a solicitor, by right we had until July 24th legally but we felt we wanted to go asap as she is a nightmare.


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    #4
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Catlady76 wrote: »
    Yes no problem, I can do that I notice this is a common thing with LL telling tenants that they are selling and then renting it out again. The neighbors told us that she always does that to get tenants out if they are there long term and she wants to put the rent up because we were there 6 years. I wouldn't mind but we were great tenants paying 1300 and were in the process of house hunting but now have had to move home with parents while we house hunt. It caused alot of stress because originally she just text us to tell us to be out by 30th June and I said to her please send it in writing which she did along with a notice from a solicitor, by right we had until July 24th legally but we felt we wanted to go asap as she is a nightmare.

    Pleeeeeease keep us updated on this one. Make sure you note all your areas of compliant. Please tell me there was a statutory declaration that she was selling. If so I'm not sure who that needs to be reported to but I'd love it to be the guards and a criminal offence.


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    #5
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Keep an eye on Daft to see if it is listed as available to rent.


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    #6
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    amcalester wrote: »
    Keep an eye on Daft to see if it is listed as available to rent.

    +1

    Screen shot it and print it out.


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    #7
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    Samuel T. Cogley wrote: »
    Pleeeeeease keep us updated on this one. Make sure you note all your areas of compliant. Please tell me there was a statutory declaration that she was selling. If so I'm not sure who that needs to be reported to but I'd love it to be the guards and a criminal offence.

    Yes there was a statutory notice in with her letter I have stored it on my pc today along with all of my evidence for RTB.


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    #8
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    Samuel T. Cogley wrote: »
    +1

    Screen shot it and print it out.

    I have been checking each day and see no adds, my thoughts are that its someone she already knows looking to rent because she has 13 properties in total. I have been told to keep an eye on the house and see if anyone moves in and take a pic of that as evidence, I am like Miss Marple here.


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    #9
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Catlady76 wrote: »
    Yes there was a statutory notice in with her letter I have stored it on my pc today along with all of my evidence for RTB.

    I'd be in two minds about also reporting the solicitor to the law society. It could be there is enough of a pattern to justify a complaint.


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    #10
    Captain Flaps
    Registered Users Posts: 1,834 ✭✭✭Captain Flaps


    Also I'm sure if you'd like a volunteer to attend a viewing and find out what conditions she's renting it under many of us would be more than happy to oblige :P


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    #11
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Catlady76 wrote: »
    I have been checking each day and see no adds, my thoughts are that its someone she already knows looking to rent because she has 13 properties in total. I have been told to keep an eye on the house and see if anyone moves in and take a pic of that as evidence, I am like Miss Marple here.

    Is the landlord in the habit of registering the tenancies?

    Pretty sure the register is publicly available.

    You may be able to find out if its been re-let by checking the register.


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    #12
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    Captain Flaps wrote: »
    Also I'm sure if you'd like a volunteer to attend a viewing and find out what conditions she's renting it under many of us would be more than happy to oblige :P

    My friend who lives up the road from the house already has a plan hatched to call in looking for someone that she is buying something off and then say when she finds out if they are new to say oh this is the wrong house sorry lol..


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    #13
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    Captain Flaps wrote: »
    Also I'm sure if you'd like a volunteer to attend a viewing and find out what conditions she's renting it under many of us would be more than happy to oblige :P

    My friend who lives up the road from the house already has a plan hatched to call in looking for someone that she is buying something off and then say when she finds out if they are new to say oh this is the wrong house sorry lol..


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    #14
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    amcalester wrote: »
    Is the landlord in the habit of registering the tenancies?

    Pretty sure the register is publicly available.

    You may be able to find out if its been re-let by checking the register.

    She has some registered and others not like we were there since July 2012 but she only registered us in Oct 2016 according to RTB.


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    #15
    Ineski
    Registered Users Posts: 8 ✭Ineski


    I went to the RTB years go due to the LL keeping my deposit.
    Both parties were eventually invited to a hearing where we could both present our "evidence" and explain the situation.
    They made some deductions due to repairs that had to be done that were above wear and tear (we hung up a few bookshelves) but I got a large part of the deposit back about 10-11 months after I filed the complaint.


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    #16
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    Ineski wrote: »
    I went to the RTB years go due to the LL keeping my deposit.
    Both parties were eventually invited to a hearing where we could both present our "evidence" and explain the situation.
    They made some deductions due to repairs that had to be done that were above wear and tear (we hung up a few bookshelves) but I got a large part of the deposit back about 10-11 months after I filed the complaint.

    10-11 months that is such a long time to wait ! My take on this is that is she is showing people around a day after she gets the keys back then she is happy with how the place looks as in how we left it which to be honest was immaculate considering when we took it on she did not clean the place for us she told us that if we wanted it badly enough to clean it ourselves we should have known better and walked away then but didn't.


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    #17
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    So its now the 13th and still no communication from the landlord even though I have sent her a reminder message or even asked her to contact us, RTB also advised that we report her to the council for not maintaining the property and get them to inspect it seen as she is planning to rent it out again. Its very unprofessional to have total silence from a LL & all of this could have been sorted had she just given us back our €1000. I am rather annoyed at her carry on, its very immature from her. You would think that she would not want the negative attention and would just return the money.


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    #18
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    The LL now has an estate agent valuing the house the same estate agent who sold the one next door because she knows that it will get back to me that its being valued for selling she is playing mind games because I know she will never sell that house she thinks that she will put me off chasing her if I think she is selling like she said.


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    #19
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Catlady76 wrote: »
    The LL now has an estate agent valuing the house the same estate agent who sold the one next door because she knows that it will get back to me that its being valued for selling she is playing mind games because I know she will never sell that house she thinks that she will put me off chasing her if I think she is selling like she said.
    Not doubting you but whenever I've thought someone was playing mind games with me it inevitably turned out I was just playing mind games with myself. I'd focus on getting your deposit back, and in a few months if you see it hasn't been sold and there's someone new living there then that's the time to focus on the illegal eviction.


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    #20
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    Catlady76 wrote: »
    The LL now has an estate agent valuing the house the same estate agent who sold the one next door because she knows that it will get back to me that its being valued for selling she is playing mind games because I know she will never sell that house she thinks that she will put me off chasing her if I think she is selling like she said.
    That’s a bit of a conclusion to jump too. Has it really being less than 2 weeks since you returned the keys?
    Why did you return them by post and not at the end of a final inspection?


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    #21
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    TheChizler wrote: »
    Not doubting you but whenever I've thought someone was playing mind games with me it inevitably turned out I was just playing mind games with myself. I'd focus on getting your deposit back, and in a few months if you see it hasn't been sold and there's someone new living there then that's the time to focus on the illegal eviction.

    Yeah true I will focus on getting that 1k back but if you met this LL you would understand where I am coming from she plays mind games with everyone personally I think she enjoys it.


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    #22
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    ted1 wrote: »
    That’s a bit of a conclusion to jump too. Has it really being less than 2 weeks since you returned the keys?
    Why did you return them by post and not at the end of a final inspection?

    Because she is a very abusive person to deal with and also when we offered dates to her to hand back keys personally she didn't reply as per usual and we didnt want to be in the house for June because we would have to pay rent and she wanted us out she made that clear so we left, its not our fault if she decided to blank us when we wanted to do things right.
    This LL is a nightmare so yes I have take a case with the RTB to get it back, she is awful to deal with moneywise. Once before she was paid 2 months rent in error by the bank when I req'd she give one month back she refused saying she would keep it for the next months rent which I said no to as it was €1100 and I needed it. She then ret'd money to my bank and told me that the rent was going up so she deducted two month rise in rent off the extra money she got, she never fixed anything and when you would call her to get something sorted which was very rare you were roared at and got nothing but moaning from her so yes I did return them by registered post because I refuse to deal with a horror like that.


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    #23
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    Update for everyone, the RTB rang me today and have scheduled a hearing for 4-6 weeks time with the LL.
    They told me to get all of my evidence in place and I asked about copies of surveyors reports and invoices and receipts for the floor the LL has already replaced and if I was entitled to a copy of them because that is why she is keeping the deposit & they said that no the LL does not have to supply them to me but that if she wants to use the fact she put a new floor down as a defense she must submit all of that to them before the hearing. They also wanted to confirm details with me about when the tenancy started because she told them it was Oct 2016 when it was July 2012. The RTB were very helpful with any questions I had and have a no nonsense approach to it all.
    Two of my old neighbors have offered to do a statement saying the house was spotless and always clean which is what the LL disagrees with so I feel that is good, I might not get my money back but at least she will be pulled somewhat in line to being a decent LL. The council also contacted me because I reported her to them and agreed going by the letter and pictures I sent them that the house is in disrepair and is not safe but because its empty at the moment cannot inspect it but asked for me to call them if I know its being rented again and they will go down. So thats the update so far, fingers crossed for the hearing in a few weeks time.


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    #24
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    What is the average cost of a quantity surveyors report? My ex landlady said that she got one done on the house we rented from her that we left on June 2nd and that the QS told her to rip up all of the flooring that it was damaged too much but I have proof that differs from that.


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    #25
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Thanks for updating OP.


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    #26
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note:

    Related thread merged.


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    #27
    Browney7
    Registered Users Posts: 3,100 ✭✭✭Browney7


    Catlady76 wrote: »
    What is the average cost of a quantity surveyors report? My ex landlady said that she got one done on the house we rented from her that we left on June 2nd and that the QS told her to rip up all of the flooring that it was damaged too much but I have proof that differs from that.

    I wouldn't be worrying OP about QS reports - I assume you are asking with a view to potentially getting one done yourself? (She'd be under no obligation to give access to property). I'm sure the floorboards or whatever flooring she put in are as old as the hills and was probably screwed before you entered the property.

    OP - don't settle for less than your money back - look for the cost of your time in having to go the RTB too.

    Get all proof together relating to your tenancy with photos etc. She may not even show up at the hearing and you'll have a wait to get paid and may have to enforce any judgement. She's hoping you bugger off and don't go through with it


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    #28
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    Browney7 wrote: »
    I wouldn't be worrying OP about QS reports - I assume you are asking with a view to potentially getting one done yourself? (She'd be under no obligation to give access to property). I'm sure the floorboards or whatever flooring she put in are as old as the hills and was probably screwed before you entered the property.

    OP - don't settle for less than your money back - look for the cost of your time in having to go the RTB too.

    Get all proof together relating to your tenancy with photos etc. She may not even show up at the hearing and you'll have a wait to get paid and may have to enforce any judgement. She's hoping you bugger off and don't go through with it

    I highly doubt she will be compensated for her own time on this.


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    #29
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Fol20 wrote: »
    I highly doubt she will be compensated for her own time on this.

    She may well be compensated for the inconvenience.


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    #30
    Catlady76
    Closed Accounts Posts: 82 ✭✭Catlady76


    Browney7 wrote: »
    I wouldn't be worrying OP about QS reports - I assume you are asking with a view to potentially getting one done yourself? (She'd be under no obligation to give access to property). I'm sure the floorboards or whatever flooring she put in are as old as the hills and was probably screwed before you entered the property.

    OP - don't settle for less than your money back - look for the cost of your time in having to go the RTB too.

    Get all proof together relating to your tenancy with photos etc. She may not even show up at the hearing and you'll have a wait to get paid and may have to enforce any judgement. She's hoping you bugger off and don't go through with it

    Thanks its very good advice, no I was asking about the QS report because the LL said she got one done and it was them who told her to rip up all the flooring and replace it apparently. I dont believe her so asked her to send me a copy of the report which of course she wont, I was asking about cost because this LL would not spend a penny on anything so I was surprised to hear that she paid someone like a QS to come survey the house and was thinking would she bother going to that much trouble if she was out of pocket?
    In relation to the flooring yes it was already old & in bits when we moved in plus she never put it down previous tenants did as they told called to the house one night to collect post and told us when they moved there was smelly carpets so they replaced with a cheap laminate so she was never out of pocket for that floor. I am gathering all my evidence paperwork, videos and pictures I have it all in a file & I just found pic from 2012 that we took when we moved in so I have proof the place was always a dump. I wont give up and am going to fight to get my money back & if I do I am going to donate some to charity €100 to a homeless group & €100 to an animal charity so fingers crossed I get it back.


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