Can't get deposit back from landlord for property in receivership

Dear All,

I’m posting in the hope of getting some practical advice about this issue I’ve been having with my landlord.

I rented a property in Arklow through a local estate agent who was representing a Dublin couple who owned the house. Unfortunately, the couple had their house seized by the bank when they couldn’t pay the mortgage and I got a letter stating I should now pay rent into a different account etc. which I duly did. I made contact with the bank’s letting agent (part of the same chain of estate agents as the local agent from whom I first rented the property, based in Dublin).

All went well, there were no issues and I always paid my rent on time. The tenancy was PRTB registered.

We left the property (in Arklow) on the 10th Feb having given notice a month previously and paying rent up until the 17th Feb.

We removed all our belongings and cleaned the house thoroughly before leaving; there was no damage to the property.

My deposit was €700. The original Arklow estate agent viewed the property the day after we left and reported back that it was in pristine condition. She went on to give us a reference for the landlord of the house we are now renting in Cork. So, no issues with how we left the property.

Naturally I wanted my deposit back.

My landlord deposited €250 in my account on the 20th Feb. She explained that that was all that as in the account and she’d have to get a cheque for the rest, but that it would be forthcoming.

It has not been forthcoming. I have phoned (and never gotten through to her) to try to follow up with this issue. I have contacted the original estate agent in Arklow and she has contacted them on my behalf and done her best to hurry them along as well. In fact, her intervention led to an e-mail from the Dublin agent last week to say she would deposit the cheque last Friday, it still hasn’t appeared.

Any advice?

Contact the PRTB immediately

Serenn said:

Dear All,


It has not been forthcoming. I have phoned (and never gotten through to her) to try to follow up with this issue. I have contacted the original estate agent in Arklow and she has contacted them on my behalf and done her best to hurry them along as well. In fact, her intervention led to an e-mail from the Dublin agent last week to say she would deposit the cheque last Friday, it still hasn’t appeared.

Any advice?

Click to expand...

I am assuming that the "her" and "she" are not the same person as a receiver is not usually liable for the return of any deposit - it is the landlord's responsibility. The receiver only acts as an agent for the landlord.

As Windup says, you could make a claim with the PRTB for the return of the remainder of the deposit. However, this may well take several months at least. Again, if the property has been taken into receivership, it is possible that the landlord does not have the finance to repay. And again, just because the PRTB make a decision in your favour, does not mean that the landlord will obey the PRTB decision and then the case will have to go to court to get an order to pay which if the landlord fails again, will necissitate getting a sheriff to do the job.

These are things you should consider before embarking on such a claim with the PRTB which, I think costs 25 euros to start with. Then ther eis the hassle and stress of it all, and possibly time off work to attend the hearings.

Another reason for the deposit to be held with an independent entity.

Serenn, your old landlords are obviously in a financial mess, but surprising they have tried to do the right thing and pay you back. Do you think they have the money or are they totally broke. I would suggest you ask for the money in installments, that might work with them.

You can forget the receiver.

Any chance you could tell us how it was like to deal with the receiver? Positive, negative, quick on repairs etc.

_________________________

Advice to tenants where receivers take over

Don't pay the last months rent, you are probably never going to get you deposit back. Alternatively, before you agree to pay rent to a receiver, get them to confirm, in writing, that at the end of the tenancy, they will pay you back your deposit of x amount. Or tell receiver you're not paying the first month to them, you're acknowledging that your deposit is gone, and you'll pay them from month two.

Advice to PRTB, Threshold, IPOA, Government

The law should be changed so that when a receiver is appointed he has to be reasponsible to the tenant for the deposit, he should be able to keep back rent from the bank in order to do so.

Hi All,

Thanks for the replies.

Just to clarify, I was told by the estate agent acting for the receivers that I would be getting my deposit back. I asked that before paying the last month’s rent. Plus when they took over they asked for the receipt for the deposit I gave when the tenancy commenced as in their words ‘they were taking all that over now’.

Just to clarify for you, Bronte:

The property went into receivership in May last year. The estate agents acting for the bank were fine since they took over, they arranged gutter cleaning, boiler servicing, CO alarm installation etc. no bother. They were grand in fairness.
Also it was them (the estate agent for the receivers and my current de facto landlord) that made a partial payment of the deposit back to me, not the original landlords.

Just to clarify for you, Facetious:

‘Her’ intervention was my original estate agent in Arklow and ‘she’ referred to the current Dublin based estate agent for the receivers.

As far as I knew, I was going to get my deposit back. I have an e-mail from the estate agent stating that as well. I just can’t understand the arbitrary partial payment and the delay in paying back the balance.

Oh well, I’ll keep ye updated as events unfold.

Thanks again for the replies, much appreciated!

Serenn

Hi All,

I said I'd be back to update and here I am.

I got distracted by real life and didn't follow up on the deposit matter
for a good few weeks after my solicitor made contact with the estate
agent in Dublin who was handling the Arklow property for the receivers.

Anyway.

I wrote the estate agent a mail on Tuesday this week saying that I would
be opening a dispute with the PRTB by close of business Wednesday if I
did not hear from them regarding my deposit.

Got nothing all day yesterday and as I was sitting down at 5.00pm with
the PRTB website open to start the process of lodging a dispute, I got a
mail!

Basically, they claim they will post a cheque today for the amount owed
and they do not want the matter escalating further. I replied saying
that's nice, but can you lodge the cheque to my bank account instead of
posting it as I don't want to have to deal with the scenario of 'the
cheque is in the mail' should it go missing.

I am cautiously optimistic that I will indeed get my deposit back,
thanks to all for advising me on this thread!