Can I legally deduct costs from tenant's deposit?

H

HMC

Registered User
Messages
199
In brief:

Fixed term contract signed Aug 2011.
Tenant gave notice (by text!) to quit in Feb 2012 (6 months later)

Her reason for leaving: her children don't like the area.

She has found a tenant to move into the house. I hope he will sign a new contract in the next week or so for a year.

Admin costs being charged by estate agent, new PRTB reg, etc = EUR 300 approx.

I consider she is in breach of contract and want to deduct this sum from her deposit, but need to be sure I can legally do so (new at this game and not cut out to be a landlord!!).

Her contract states:
"The tenant pays the deposit as security for their performance of the tenant's obligations and to pay and compensate the landlord for any breach of those obligations."

Where do I stand? These people are running rings around me!

Many thanks in advance for any help or advice.
 
I thought you said a new contract was signed.

What is your contractual agreement with the agent? Why don't you deal with the property yourself and register with the PRTB online (5 minutes) which costs 90€

There are many threads on landlords on here and another website landlords.ie.

You certainly cannot deduct the 300€ agent costs from the tenant. But the tenant has not given you valid notice (text does not count).

It is well known that agents only cost money and don't give a good service, better to do it yourself. Maybe there are a few good ones, please let us know when you find one.
 
Dear Bronte,

The person my tenant proposed will sign a new lease in the next week or two. However, unbeknown to me, the agent presented him with a lease yesterday (ie another fee to be paid by me) when all I had wanted was for my friend to meet the potential tenant (I am overseas this week). The only reason I got involved with this agent in the first place is that he saw my Daft ad and put me in touch with this woman last year.

The agent is a cute h%%r and thinks I am a halfwit. I have told him to tear up the new contract and I will deal directly with the new tenant myself.

The agent is now very concerned that I might deduct the extra costs from first tenant (costs incurred through no fault of my own and I am very peed off) and then all hell will break loose with her family whom he knows very well (it's a small village).

You state that I can deduct my costs from the first tenant's deposit. But I would consider her in breach of contract.

Can you clarify further?
 
Well from reading every thread you have started on this subject I would tend to agree with the cute agent
 
A lot of your posts are not very clear so maybe take the post above as constructive criticism. They took the time to read all your posts. Firstly, the tenant has broken the terms of her lease. She must incur the costs of what you lost for replacement. This is the €90 for registration plus any rent not collected in between the tenant moving out and the new one moving in. This does not include paying the agent up to the 5 months so far. Did he charge you a 'finders fee' for the first tenant ? If so this should be re-imbrused by the agent not the tenant. Do you still want to employ the agent from here on in ? If not just get in touch with the new tenant and tell him he should deal with you and give him bank details etc for rental payment and deposit. If you still want to use the agent then you still go through him as before.
Note: The above actions are what I would take to be fair and reasonable, not necessarily fully compliant if the case was to go to arbitration.
 
Thank you, Elcato.

I am having a bad time with this whole business and could really do without the sarky unhelpful remarks.

I know it's difficult to encapsulate a situation clearly for those who are removed from the situation.

I have no contract with the agent. When the first tenant moved in, he drew up her contract, changed ESB and I made a one-off payment. That was it. He contacted me through my Daft ad and recommended this local woman.

I am now dealing with Tenant 2 directly. However, the agent wants payment (c. EUR150) for working on the second contract which I never asked him to prepare in the first place. He is pleading with me not to deduct money from Tenant One's deposit because it will cause him grief with her family.

As I said, I don't see why I should be out of pocket financially while she swans off to her next abode.

I hope this is clearer.

Thanks,
 
I am now dealing with Tenant 2 directly. However, the agent wants payment (c. EUR150) for working on the second contract which I never asked him to prepare in the first place. He is pleading with me not to deduct money from Tenant One's deposit because it will cause him grief with her family.
Click to expand...
OK. That's a clear cut case of you don't pay the agent the €150 for the work on the second contract. He is chancing his arm on both making the new deal and saying about the grief. You tell him straight that he was not asked to do any work and he will not be paid for it. Has he got the deposit of the new tenant by any chance ? I don't understand why he would ask you this at all rather than bill you up front directly. Is he saying he's gonna hld onto 150 of the new deposit ? If so just tell him straight it comes outta the original woman's deposit if he does. Let him deal with the grief.
 
You must log in or register to reply here.
Back
Top