Deposit Refund Delay

pele10

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Recently bought a house so moved out of current rented house. The deposit was meant to be refunded 7 days after the final inspection, however the letting agent is having trouble contacting the actual owner of the property to release the deposit.

The scenario is as follows
- We were in the house for two years up to January 2014
- In January we had a fair idea we would be buying a house this year, but agreed to a new one year lease on the house as we did not know if we would actually get a house this year. (we knew the rules that you need to give 56 days notice if you wish to break the lease having lived there over two year). We actually never actually signed the new lease as the agent never came around to collect it
- In mid March we gave notice (Via email to agent) we would like to move out at the start of May (6 weeks notice), however understood if we needed to give the full 56 days. The landlord was not overly happy however there was no objection and we agreed to tell any potential new tenants to view or any upgrade work to be done while we were still there
- We got an official letter back to say our inspection would be on X date and if everything was in order, the deposit would be refunded within 7 seven days

Inspection went 100% at the start of May and was told by the agent there should be no issues with refund. New tenants have not been moved in as there is some work being done on the house.

The paranoid side of me is thinking the landlord and agent could be delaying the deposit as we broke the terms of the lease (although we never signed the new one) and also did not give written termination or full notice period.

We sent the termination notice via email rather that in writing. We did though recieve acknowledge on the termination and we never actually signed the lease for this year.

Hopefully, it's just a communication delay between the agent and landlord, however if I was to open a dispute with the PRTB next week, does it look like they would rule in favour of the landlord and we would not get our deposit.
 
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To be truthful, you did well not to sign a new lease. By not signing one you automatically became a tenant of a Part 4 tenancy and have all the rights associated with it One of those rights is to be able to vacate without having to find a replacement tenant; you only have to give the correct amount of notice. Therefore, you have not broken the terms of the lease. I believe that the PRTB do accept emails as being in writing (but not where the law stipulates that there must be a signature).

You are liable for rent until the expiry of your notice unless you agreed a shorter period or until new tenants moved in, which ever is the sooner.

If the landlord does not live in Ireland, then the agents may have issues contacting him and he may have to organize the transfer of the deposit to the agents. Ultimately, the landlord is responsible for the return of your deposit. The law requires that the deposit should be returned "promptly" which is decidedly open to interpretation but is generally considered to be a maximum of 14 days. The fact that the agents have had the 56 day notice period to contact the landlord does not show that they are on the ball. They may, in fact be waiting to re-let the property and use the deposit of the new tenant to repay you yours: and so the cycle continues.

You could advise the agents that unless your deposit is returned in full, as verbally agreed, within the next 7 days, you will be making a claim with the PRTB which is a very straightforward thing to do. This might just get them on the ball.
 
Thanks a lot, that is really helpful. The landlord does live aborad so that is likely the key issue plus the fact they are doing some work to the place before getting new tenants. The agent has been very helpful all along, so will give them to mid next week and then see mentioned the PRTB claim as a last resort.
 
Thanks a lot, that is really helpful. The landlord does live aborad so that is likely the key issue plus the fact they are doing some work to the place before getting new tenants. The agent has been very helpful all along, so will give them to mid next week and then see mentioned the PRTB claim as a last resort.
It is always best to try to negotiate rather than go to the PRTB. Good luck.
 
@facetious - great posts.
Just on the matter of 'in writing' would the Electronic Commerce Act not cover a situation whereby in writing is covered by electronic communication?
I think its Section 12(1). Would you have a look at this and see if I am making any sense.
 
In most cases, emails are accepted as "in writing" communications. However, some Notices are required to be signed by the landlord (as opposed to just being a notification) to be legal. I believe the PRTB have not yet accepted these notices in electronic form but stand to be corrected.
 
Some Developments here. As suspected the delay is due to the Landlord deducting money from the deposit (Just over 20%). Without going into the specifics, it just pure greed for nonsense items and I will take them to the PRTB once I get the amount they say they are giving back in my account (Will believe it once it's in my account).

The same landlord has also increased the monthly rent for next tenants by almost 20%

I am so delighted I will hopefully never have to deal with Letting Agents or Landlords again.
 
Eventually got this resolved without the need for the PRTB. It was a long battle though. Reading between the lines the landlord was stalling the whole time waiting for the new tenants to hand over the deposit, to then in turn give to me. In fairness the letting agent was really helpful.
 
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