How to go about getting deposit back?

iAmAUser95

Hi,

Long story short - Been renting out a room in house for past year.
No contract or anything.

Now he's saying he's selling house and all that crap (which I don't believe but whatever) - He said to move out by end of first week of August.

When I asked about deposit - he didn't respond as if there was no message.
My rent is due to be paid on 5th of July - Should I even pay him? I have a feeling he wont give deposit back.

My biggest fear is that if I don't pay on time - he will change locks and one day I will come home and wont be able to even get my stuff.

I am considering getting a storage unit and moving everything of value there for the time being.


He doesn't pay tax as far as I know (He takes cash in hand) and avoids giving any sort of contracts/registry of tenant etc...

He gets around total of 3600 Eur per month, cash on hand.



Any suggestions what to do? Should I just give him up to RTB? What's the process for it? Will they be able to get deposit back or something?

punisher5112

You have no rights unless he is sub letting as such.

He can get €14k tax free.

If he is earning more contact revenue as they would be very interested.

Is he the home owner and if so he can turf you out any time.

Discuss with him you will need the deposit or will you just leave the last month as that can be used for that.

iAmAUser95

punisher5112 wrote: »

You have no rights unless he is sub letting as such.

He can get €14k tax free.

If he is earning more contact revenue as they would be very interested.

Is he the home owner and if so he can turf you out any time.

Discuss with him you will need the deposit or will you just leave the last month as that can be used for that.

He lives at another address.

There is also small ****-box built in back garden which he lets out to others.

punisher5112

iAmAUser95 wrote: »

He lives at another address.

There is also small ****-box built in back garden which he lets out to others.

Well then you have rights.

Contact rtb as he hasn't given you enough notice anyway.

Record all dealings with him and report to revenue.

dudara

It sounds like you might have received just about the right amount of notice (without knowing specific dates).

6+ months, but less than 1 year = 35 days
1+ year, but less than 2 years = 42 days

However, notice must also be given in writing, and it can only be for one of a particular set of reasons. Selling a house is a valid reason, but the termination notice must be accompanied by a statutory declaration of the sale. More info on the RTB website.

If he's not playing ball, I suggest contacting the RTB for further advice.

iAmAUser95

What about him changing locks and basically not giving my stuff back? What should I do in that case if that happens? Can he do that?

dudara

iAmAUser95 wrote: »

What about him changing locks and basically not giving my stuff back? What should I do in that case if that happens? Can he do that?

Legally no.

Look, you need to ask him again about getting your deposit back. You can say that you are happy to move out as requested, following inspection and return of your deposit. Arrange to meet him on the moving out day to inspect and get your deposit. Who knows, your fears may be unfounded.

Do all this over email or text, so it's in some form of writing. If he continues to ignore, at least you'll have a paper trail. You won't actually be able to lodge a complaint with the RTB until you have moved out and he has failed to return the deposit.

iAmAUser95

dudara wrote: »

Legally no.

Look, you need to ask him again about getting your deposit back. You can say that you are happy to move out as requested, following inspection and return of your deposit. Arrange to meet him on the moving out day to inspect and get your deposit. Who knows, your fears may be unfounded.

Do all this over email or text, so it's in some form of writing. If he continues to ignore, at least you'll have a paper trail. You won't actually be able to lodge a complaint with the RTB until you have moved out and he has failed to return the deposit.

Okay I will do that, thank you.

Rulmeq

punisher5112 wrote: »

He can get €14k tax free.

It's only tax free if he earns less than 14k, and he is renting out rooms in his home. If he earns 14k and 1 cent, he's liable for tax on the entire 14k

https://www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/land-and-property/rent-a-room-relief/index.aspx

Based on the answers given by the OP, this isn't a rent a room scheme anyway.

iAmAUser95

Rulmeq wrote: »

It's only tax free if he earns less than 14k, and he is renting out rooms in his home. If he earns 14k and 1 cent, he's liable for tax on the entire 14k



Based on the answers given by the OP, this isn't a rent a room scheme anyway.

Forgot to mention - He also works full time.
Assuming he doesn't pay tax on renting - he's definetely making well over 70k a year.

punisher5112

Rulmeq wrote: »

It's only tax free if he earns less than 14k, and he is renting out rooms in his home. If he earns 14k and 1 cent, he's liable for tax on the entire 14k

https://www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/land-and-property/rent-a-room-relief/index.aspx

Based on the answers given by the OP, this isn't a rent a room scheme anyway.

The reason I posted this was from the original 1st post it sounded like he was living with the LL

But clearly now that is not the case so hence why I asked the op what was the story.

punisher5112

iAmAUser95 wrote: »

Forgot to mention - He also works full time.
Assuming he doesn't pay tax on renting - he's definetely making well over 70k a year.

Report to revenue and rtb either way and stamp out these dodgy LLs