# Trying to get deposit back



## PaddyW (18 Mar 2010)

I was going to rent a new apartment and had handed over a deposit to hold it for me. In the meantime, my current landlord has reduced my rent so am staying put. The agent who I gave my deposit to is now not answering back my emails, calls or texts about getting my deposit back. Should I go to the gardai about this? I have her address, name and number as she gave me a receipt on headed paper. Any advice is appreciated.


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## Complainer (18 Mar 2010)

Deposits are not generally refundable. That would kind-of defeat the purpose of a deposit.


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## sam h (18 Mar 2010)

You may find you are not entitled to the deposit back - the apt was being held for you to rent, so was more than likely taken off the market.

 - Did you sign a contract as that will probably state if you are entitled to the deposit back
 - How long after putting down the deposit did you pull out ?  I'd normally not have an issue after a day or two, but I had someone recently poull out after 2 weeks as the HSE said she couldn't move. I did return the deposit but not until I got confirmation from the HSE about the situation.  If it had been like your sistuation - I would not have returned the deposit.
 - Why didn't you negotiate with your current landlord before you looked?

However, the agent should respond to you, thats just plain rude !!


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## mathepac (18 Mar 2010)

You paid over a deposit in order to prevent the agent renting to someone else. You then changed your mind. What lead you to believe the deposit was a refundable one?


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## PaddyW (18 Mar 2010)

I gave her the deposit on March 10th, on the 12th I tried calling, got no answer. I emailed and text her, still no answer. Been emailing, texting and calling her since, no reply. If the deposit is non refundable, fair enough. At least have the decency to reply to me, one way or the other. I got back to her asap about not taking the place, should I not be afforded some courtesy?

Sam , no contract signed. She just gave me a receipt saying deposit of X amount received. I had negotiated with LL, but they weren't willing to drop, until I told them I was moving out the next week. 

I just want an answer from this woman basically.


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## Complainer (18 Mar 2010)

PaddyW said:


> I just want an answer from this woman basically.


So arrive at her office and don't move until you get to talk to her. Or play the game and call her from a different number explaining that you are a landlord with a property to let, or a tenant interested in one of her current properties.


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## PaddyW (18 Mar 2010)

Complainer said:


> So arrive at her office and don't move until you get to talk to her. Or play the game and call her from a different number explaining that you are a landlord with a property to let, or a tenant interested in one of her current properties.



Not a bad idea, thank you!


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## computerman (18 Mar 2010)

There is a difference between a booking deposit, which is held by the agent or landlord, usually 200 euro, if the property is to be taken off the market, and a months deposit paid for the rentlat of the property.  

In the event of the contract not being taken up, you loose the booking deposit but not the months deposit in advance.


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## PaddyW (18 Mar 2010)

Ok, well this was more than 200 euro , and was the months deposit in advance, rather than a booking deposit. Does this mean I am entitled to it back? Also, I was taking a room in the apartment, not the actual apartment itself. I may have been unclear about that earlier.


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## PaddyW (18 Mar 2010)

I realise I may have been unclear earlier on when I said I gave the deposit to hold the apartment for me. I gave her the deposit as she said she needed the deposit in advance.


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## PaddyW (18 Mar 2010)

Sorry about my earlier misclarities, not much sleep last night (nothing to do with alcohol or partying!). When I handed her the deposit she mentioned that the landlord also had one other person in mind for the place, she was not sure what the outcome would be, but that if I didn't get the place, I would get the deposit back. In hindsight, I should not have handed over the deposit at all as there was no definite decision, but I did it in good faith, as she had said I would get it back if needed.


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## Black Sheep (18 Mar 2010)

Me thinks a tenant and his money were too easily parted.


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## PaddyW (19 Mar 2010)

Ok, well it looks like I am entitled to that money back so will pursue it by all means. Thanks for advice


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## Bronte (19 Mar 2010)

If you paid over a deposit what did you think it meant?  That you can just hand over deposits and change your mind two days later.  You've also mentioned that you only gave your current landlord one weeks notice.  

I imagine the deposit is the agent's fee and you'll have quite a bit of bother getting it back, that's if you're even entitled to it.


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## PaddyW (19 Mar 2010)

But this wasn't a booking deposit, this was the usual deposit you give for an apartment, that you would receive back. I gave my landlord a months notice, actually. I wasn't just going to move out straightaway


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## PaddyW (19 Mar 2010)

Oh and just one further thing. As I had mentioned, she has said the landlord had not decided fully on who would get the room. Does the fact that I let her know I wouldn't be taking the room, before she got back to me with the decision not count for anything. Presumably she had taken a deposit for the other person so would not be out of pocket.


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## DingDing (20 Mar 2010)

If I was the agent I would imagine that the first person who paid the deposit got the place.  Cant see why she would take the deposit if she was considering another tenant.

Sounds odd to me ??


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## simplyasking (15 Apr 2010)

Looks like you are entitled to the money back as unless it is stated in writing on your receipt that the deposit is non refundable then you should have a case to get it back although chances of getting it are probably slim to non existant. The question as to why you think you are entitled to it back is legitimate as you should ask yourself what is the point in a holding deposit in the first place....


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## noname (15 Apr 2010)

when were you due to collect keys/move in?
it's bad form for the letting agent not bothering to respond.


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## PaddyW (16 Apr 2010)

Well, it wasn't a holding deposit though you see. It was meant to be the security deposit. The agent got back on to me and said they were going to give me back the deposit. That was weeks ago now though, haven't heard back from them. Doubtful I will get it now.


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## K-Man (22 Apr 2010)

Did you arrive down to their office to a) remind them that they agreed to give you the money back and b) collect it from them in person ?

You should do this quickly before they really do start to 'forget'


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## Pope John 11 (2 Sep 2011)

PaddyW said:


> Well, it wasn't a holding deposit though you see. It was meant to be the security deposit. The agent got back on to me and said they were going to give me back the deposit. That was weeks ago now though, haven't heard back from them. Doubtful I will get it now.


 
PaddyW any update on your previous thread here, we would appreciate it.


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