Should I be owed a deposit back?

The_Conductor

Browney7 wrote: »

But the homeowner in this case could have asked them to leave in the morning if they wished such is the lack of rights that people have who rent rooms off homeowners. Obviously this would be a d1ck move and people should be reasonable but there is no compulsion on people to be so.

Nope- unless there are extenuating circumstances, even in the case of a licensee agreement- a homeowner is still expected to give 'reasonable' notice. Its not defined- but is expected to be 'reasonable'. Tossing someone out with 24 hours notice, unless there was a damn good reason- is not reasonable in anyone's books.

Biodegradable

The_Conductor wrote: »

Nope- unless there are extenuating circumstances, even in the case of a licensee agreement- a homeowner is still expected to give 'reasonable' notice. Its not defined- but is expected to be 'reasonable'. Tossing someone out with 24 hours notice, unless there was a damn good reason- is not reasonable in anyone's books.

Yeah, but reasonable wouldn't be an entire month in either case... just because the rent is per month. That's why I think he could have given €100 to €200 back.

The_Conductor

Biodegradable wrote: »

Yeah, but reasonable wouldn't be an entire month in either case... just because the rent is per month. That's why I think he could have given €100 to €200 back.

Its been argued in the small claims court and elsewhere that 'reasonable' equates with the agreed periodic nature in which rent is supposed to be paid. In a licensee situation this is weekly, as often as not. Either way- you were entirely disengenuous expecting to stay there rent free for a couple of weeks, not pay the rent when it came due, give an improbably short notice period- and then expect your money back.

Lodge a small claims court case by all means- however, I would suggest that it is as likely to go against you- as for you. There is no clear cut case that you are entitled to your deposit back, given the circumstances.

Biodegradable

sweetie wrote: »

It's a grey area. If I were your landlord I'd give back half and use the rest to cover the 9 days plus bills and having to re-advertise etc.

Well he never actually advertised. I was his first tenant. It was his mother who got onto the auctioneer for him.

Biodegradable

The_Conductor wrote: »

you were entirely disengenuous expecting to stay there rent free for a couple of weeks, not pay the rent when it came due, give an improbably short notice period- and then expect your money back.

I don't intend to go to the court. But if I were actually expecting to stay there "rent free", then given that I caused no damage to the property, that would mean that I'd be expecting to pay nothing at all! Which I clearly was not saying. I argued €100-€200 hundred back would be fair. That would mean €200-€300 rent would be paid.

Graham

Thread temporarily closed pending review.