what are the tenants rights?

joel

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Hi,
Letting agency is playing with my deposit money....Even though it was agreed by them to return it next day to me....Now they are telling me that I have to wait for the deposit money since they think the house needs to be cleaned(!?). The same person told us that its in perfect condition when we vacated the place I mean when I handed over the keys. I know I shouldn't have handed over the keys until I got the deposit back.

NOw It seems to me that they are trying to deduct some money from my deposit without my consent....Is is possible to go to Tenancies board for the dispute, if how long will it take? Is it worth taking a legal action aganist the agency?

-Joel
 
The issue regarding the non-return of deposits (or 'key money') to tenants is unfortunately becoming a common complaint.

Your original letting agreement - I hope you still retain a copy of this (or I presume you could request a copy of it from the Letting Agency) should help to clarify matters. The letting agreement should clearly set out the rules regarding vacating the property and returning deposits. If you signed this agreement - then you agreed with the terms of the letting contract so you should have been aware about what would happen regarding your deposit when you left.

Agreeing to return a deposit within 1 day of vacating a property seems to me to be a very, very short time. What for example about the costs of any outstanding utilities (i.e., gas, electricity or telephone?). However, if this 1 day later return of your deposit is what was agreed with the letting agency, then that's your agreement.

I am presuming therefore that the Letting Agency came around in advance of you vacating the property and carried out a full and thorough examination of the property? Did you receive any written confirmation of the high standard of cleanliness of the house or was this just verbal?

If the house was inspected before you left and the letting agency agreed you left the accommodation in an acceptable condition AND you can prove the agreement was the return of your desposit within 1 day of leaving the accommodation, then I think you may have a case to bring to the Private Residential Tenancies Board (PRTB).

The length of time it takes for the PRTB to process a case depend on the complexity of matters, what stage the parties are at, etc. I would suggest you get in touch with them directly for more specific information
01 - 8882834. They are dealing with more and more cases relating to the non-return of deposits so they can probably give you a fairly good idea of how long it will take to process your case. I might also suggest that you take a look at the PRTB website as it provides useful information on the process involved: (http://www.prtb.ie).

By all means if you feel the Letting Agency have broken the terms of their agreement with you and are acting unfairly, I'd advise you to take them to the PRTB. However, remember to take a good look through the original letting agreement with the Letting Agency and read the small print. Also assemble as much written evidence of your agreement as you can, including e-mails, letters, etc.

In the past, too many tenants either gave up or didn't know how to seek redress in such matters so I am glad to hear you are aware of your rights.

However, I still have to say again that returning a deposit within 1 day of leaving rented accommodation seems to me to be a very short time-frame - but if that was a term of your agreement then they appear to have broken it and you may have a good case.

I would be very interested in hearing how this one turns out.

CMCR.
 
You would also have the option of bringing a case against them in the Small Claims Court.
 
Every time I've moved out of a flat or house, the landlord has come around on the last day and checked that the place is in good condition and then written a cheque refunding whatever portion of the deposit I'm due back (usually all of it). This included having taken meter readings and, in cases where the bills were not in my name, working out and deducting the amount due.
 
RainyDay, you no longer have any right to bring a case for the return of a deposit to the Small Claims Court. This function has now been taken over by the Private Residential Tenancies Board.

You are correct to highlight this, in that in the past, tenants could take such cases to the Small Claims Court and according to the 2004 Annual Report of the Court Service - approximately 550 such cases (in relation to non-return of rental deposits were taken to the Small Claims Court).

Now however, the PRTB hears such complaints and anyone with a complaint about non-return of rental deposits should pursue their case through them.
 
Thanks for the clarification, CMCR. A recent press report of a landlord appealing a Small Claims decision was fresh in my mind, but I guess this related to some time back.
 
House was inspected before we vacate and it was confirmed by the agency person that its neat (verbal confirmation only) & some one is going to occupy in another hr or so.

Still I haven't got the deposit back (almost 2 weeks), letting agency lady is telling one or other excuse for not returning the deposit. I spoke to house owner, he agreed to return the deposit & he spoke to the agency & informed the same but even after this conversation still Agency didn't return the deposit to me. Right now the owner is out of country...just I am waiting for him to come back. I am also planning to approach Private Residential Tenancies Board to get some information.

Thanks
JOEL
 
When the owner gets back ask them if they will give you the deposit. They can then get their money back from the letting agent. They will have more leverage than you have. As a landlord I would have no problem doing this for a good former tenant.
 
Letting agency deducted 100 Euros for cleaning....House owner was OK so I got the deposit refund after almost a month....

Tenants needs to be very careful when handing over the keys unless until you get the deposit back Pl. do not hand over the keys....Especially if you are dealing with letting agencies.

I don't want to mention the letting agency I am dealing with since I don't want to give a free advertisement for them eventhough they are day time robbers.....

Joel
 
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