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RTB wont take my case - tenant

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    #32
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    Rosina1969 wrote: »
    IT's not clear who owns it! When it is sold the bank will take 50% and the landlord the other 50%.

    It would be clear who owns the property. Every property has deeds and whomever signed this or has a lean on the property own it.


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    #33
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    [Deleted User] wrote: »
    They are evicting the tenant so they can sell the property with vacant possession and recoup some of the mortgage money they loaned to the original purchaser (the landlord). It's the same as if the LL himself was selling up. Provided proper notice is given, there's nothing a tenant can do. And rightly so, in my opinion.

    OP: I'd be calling the Guards. He has stolen your money, plain and simple. If he's that well known it should be easy enough to track him down.


    This is a civil matter and i doubt guards will get envolved


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    #34
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    cruizer101 wrote: »
    I know a lot on here give out about and they do give out some questionable advice but in your case might be worth getting in touch with threshold as they may have experience with other similar cases.
    It really is a failing of the government that there isn't better procedures around deposits.

    It is and it isnt. Most disputed losged with RTB are from ll. Deposit claims cost a fraction what rent arears or damage to a property costs. Lets say the deposit is 1500. If a tenant doesnt pay rent for a 9months min. Thats a minimum amount of 13500 not incl damage and or costs to remove tenant


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    #35
    LotharIngum
    Registered Users Posts: 210 ✭✭LotharIngum


    Graham wrote: »
    Advice from the RTB on the subject:


    Source: https://www.rtb.ie/dispute-resolution/dispute-resolution/dispute-resolution-process-faqs

    Pretty sure that when the bank take the property to sell it they have to pay off the liabilities. Its the bank you need to go after.

    That post would explain why the RTB are pretending they cant find the landlord. They have it wrong and its easier to just avoid the issue.


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    #36
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Graham wrote: »
    Advice from the RTB on the subject:


    Source: https://www.rtb.ie/dispute-resolution/dispute-resolution/dispute-resolution-process-faqs
    Hmm, maybe I'm thinking of the case where a property is sold with the tenant in situ?


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    #37
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    TheChizler wrote: »
    Hmm, maybe I'm thinking of the case where a property is sold with the tenant in situ?

    i have only dealt with the sale of a property with tenants in situ and try and avoid if possible. In my case the deposit was deducted from the sale price so i would then carry the deposit going forward. it was still marked at the original agreed price, however i paid x - deposit.


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    #38
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    LotharIngum wrote: »
    Pretty sure that when the bank take the property to sell it they have to pay off the liabilities. Its the bank you need to go after.

    I've quoted directly from the RTB. As the RTB that are the first (and realistically/economically speaking only) arbiters of Deposit disputes, it's the RTBs interpretation that's of relevance to the OP.


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    #39
    Rosina1969
    Registered Users Posts: 87 ✭✭Rosina1969


    Where a Deposit has been paid to a Landlord ( prior to the appointment of a receiver) he/she remains obliged to refund the deposit (provided all rental payments have been made and the property is left in good condition).

    This is what everyone has told me from Day 1. I received all the documents etc, from the property management company and the bank, it was all correct, and then I started paying rent to them. Before I did I queried the deposit with them, and they referred me to the landlord. Same advice from threshold and rtb.


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    #40
    happyfriday74
    Registered Users Posts: 194 ✭✭happyfriday74


    While the old landlord owes you the deposit and the bank/Receiver can honour it if they choose to.

    While under no obligation to in most cases when a bank/ Receiver is put in control of a property they end up ponying up the deposit back to the tenant- very seldom the old landlord will do so.


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    #41
    Rosina1969
    Registered Users Posts: 87 ✭✭Rosina1969


    It's wicked that he gets to keep my money though isn't it. I feel so resentful towards him. All that money 1,5000 earned by hard work and paid directly to him after tax. So I would have had to earn quite a lot more to give that to him and he just gets to pocket it.


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    #42
    Rosina1969
    Registered Users Posts: 87 ✭✭Rosina1969


    happyfriday74 - bank and property company wont even discuss it with me. maybe I should write to them rather than phoning which doesn't seem to get me anywhere. trouble is I have to try and save another deposit now and have to be out of this place in less than 2 weeks.


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