# Just signed tenancy lease - can I back out?



## sadie (10 Nov 2008)

Signed a lease for a rental property with a letting agent on Sat and paid one month + month deposit. Went around to house and found loads of stuff not done - house filthy (bathrooms not cleaned), gas cooker literally unusable due to inch of black grime, shower broken, no toilet seat, mouse traps laid out, back fence broken down, previous tenants stuff piled in the shed we were promised would be empty. Agency had promised to replace cooker and install new shower. Nothing has been done and am wary it will ever get done as they have been promising it'd be all done for the last two weeks. Have I a legal right to back out - (I can cancel the cheque if they don't willingly return it) but legally have I a cooling off period to change my mind? The 'boss' is out of the office today so I can't discuss getting my cheque back till tomorrow.


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## Raskolnikov (10 Nov 2008)

It does not sound like the minimum standards of accomodation are being met! Let me direct you to http://www.threshold.ie/page.asp?menu=70&page=240 In particular the section below.


> *Standards
> 
> *Your landlord must, by law, ensure that your home complies with certain minimum standards (e.g. free from damp, in good structural repair, hot and cold water, adequate means of heating and ventilation, appliances in good working order, electrical wiring, gas, pipes in good repair). If your home does not comply with these standards, report it to your local authority or the Private Residential Tenancies Board. An inspection will be carried out and the landlord ordered to do any necessary repairs. *Contact Threshold, the Private Residential Tenancies Board or your local authority for further advice.*


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## dcwinter (10 Nov 2008)

Cancel the cheque and run! When I think of all the blood sweat and tears I put into getting my places ready (and judging by whats on offer on DAFT so do most other landlords) in between tenants it really appalls me that there are still landlords out there that think people nowadays will accept those standards.  Your landlord obviously doesn't need to make mortgage payments on that house, so it sounds like you're going to have an uphill struggle getting anything repaired in future.  Let him chase you down if its illegal, sounds like the landlord is just plain lazy and won't bother.


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## bugler (11 Nov 2008)

If you *can* cancel the cheque do it. I assume you viewed the house before agreeing to let it? Did you not notice the state of the cooker, the general filth, the broken fence, the mousetraps? The place you view is the place you move into...however the letting agent shouldn't be letting a place with a broken shower or unusable cooker. You say they've been promising to fix the shower/cooker for 2 weeks, but you signed the lease and paid the deposit etc on Saturday? When did you first view the property and realise the problems?

You can get onto Threshold and see what they say, but it will probably be a more long winded road, and at this point the ideal situation for you might be finding a new place entirely.


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## sadie (11 Nov 2008)

They told me the place had been cleaned and emptied of other tenants stuff since I viewed it and a new shower and cooker would be installed. The only thing they did since was clean the stair carpet. There is a mountain of junk mail piled all over the hall floor not even picked up. Everything else is covered in a kind of chalky wiped residue like builders dust (oh yes and manky toilets , sinks, baths and showers not washed). The mousetraps had not been out then and the fence wasn't broken when I viewed it. I viewed the house 3 weeks before I paid deposit etc. I paid a booking fee 200 euro 2 weeks ago. I have been ringing the agency every other day during that 3 weeks to check progress to see when could I move, and was constantly told by the girl that she was working on all the things, as to be honest I couldn't see what would take so long - if you are getting good long term tenants why would you not like make an effort. I got the cheque back but now they are telling me that they are keeping the 200 booking deposit as 'it's already passed to the landlord' and they took the house off the market blah blah. They are maintaining I changed my mind I am maintaining the house is not habitable as is, and work not carried out as agreed.


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## Raskolnikov (11 Nov 2008)

Ring Threshold and explain the facts to them. It's clear the letting agency are trying to pull a fast one.


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## Bronte (12 Nov 2008)

I would take pictures of the state of the house if possible so that you have some evidence of it's condition.


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## sadie (22 Jan 2009)

*Re: Letting agent won't return holding deposit?*

Started this thread previously with another title. A letting agent is refusing to return my 'holding' deposit (not tenants deposit). I viewed a house, agreed to put holding deposit of 200 euros on it until it was cleaned, new shower installed etc as agreed. ONE WEEK later I paid balance of deposit & rent and got the keys. Went around to the house - still not cleaned, mousetrap in evidence, new shower not installed - basically none of the agreed things had been done. Went back to agency NEXT DAY to say I wasn't happy and did not wish to proceed with tenancy. They gave back my cheque for balance of rent & deposit, HOWEVER owner of the letting agency said she had already sent the holding deposit to the landlord and he wasn't giving it back. The cheque had been cashed to letting agent account the next working day after I gave it to her. Seems a peculiar practice to send a holding deposit the same day to a landlord before the tenant had signed the lease, but anyway. The agency is arguing that because the house was taken off the market for the week I had agreed to take it, the landlord is within his rights to keep my holding deposit! However I am arguing the house was not fit to be inhabited by anyone at that point as things needed to be cleaned, fixed etc. I have no way of knowing if she's telling the truth - the landlord may not have received the money at all. I've contacted National Consumer Agency and PRTB but both say they can't help me. Nowhere on the agency documentation does it say anything about keeping holding/booking deposits. Where to turn next?


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## Mucker Man (22 Jan 2009)

It might be worth giving Threhold a call, http://www.threshold.ie/
They are the National Housing Organisation and helped me in the past to get a deposit back.


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## Dreamerb (22 Jan 2009)

*Re: Letting agent won't return holding deposit?*

Try Threshold all right - they're good on things like that. 

If they can't help, I'd treat it as a breach of contract issue. The payment was made on the basis that certain agreed works would be done. I think this is enough for a contract to exist in law, though some of the solicitors who post might be able to confirm or clarify. 

The works were not carried out, therefore you're owed your money back. 

It's well within the Small Claims Court thresholds, so I'd write a letter to the agent, setting out that the landlord had agreed to carry out the works, that the payment was made on that basis, that the works were not carried out and you therefore require return of the deposit, and informing them that if you don't get it within a [fairly short] time, you will be taking them to the Small Claims Court to recover your money. 

And what a bunch of chancing nasties they are... [don't put that in the letter though!]
Good luck.


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## elgransenor (26 Jan 2009)

*Re: Letting agent won't return holding deposit?*



Dreamerb said:


> Try Threshold all right - they're good on things like that.
> 
> If they can't help, I'd treat it as a breach of contract issue. The payment was made on the basis that certain agreed works would be done. I think this is enough for a contract to exist in law, though some of the solicitors who post might be able to confirm or clarify.
> 
> ...


Good advice.

Go to the agent and advise them first that you are going to the small claims court/initiating legal proceedings and it might bring the required response.

Going to the small claims court is not a difficult process at all and the people involved you will find very helpful.

The agency probably won't appreciate the bit of publicity either.


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## Bronte (26 Jan 2009)

*Re: Letting agent won't return holding deposit?*



sadie said:


> . I've contacted National Consumer Agency and PRTB but both say they can't help me.


  Could you clarify this please.  What exactly did the PRTB say to you?  I don't believe the money was transferred to the landlord immediately, I doubt if letting agencies are that efficient.  It's more likely they are keeping the money as their fee.


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## askalot (26 Jan 2009)

Maybe issue proceedings against the agent in the small claims court?


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## sadie (26 Jan 2009)

Both NCA and PTRB directed me to Threshold, who were very helpful. Threshold said because I signed a fixed term tenancy agreement I would be liable for the rent. And that a holding deposit is normally non-refundable. And it was up to the tenant to ensure the property was suitable before signing the agreement. I could pursue the issue in the Small Claims Court if I felt the landlord was in breach of the contract I had signed. Apparently the landlord could also mount a Counter Claim against me for backing out of an agreement. So I figure for the sake of 200 euros, it ain't worthing getting myself into that sort of bother. So basically it would seem as soon as you sign a tenancy agreement, there is no cooling off period you are liable from as soon as you lift your pen from the paper.


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## murphaph (26 Jan 2009)

Landlords like that will find their filthy properties empty over the next 12 months given the high number of decent properties available these days. Good riddance to these Victorian relics.


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## Dreamerb (26 Jan 2009)

I have to say I do not agree with the advice given by Theshold - since promises were given to undertake specified work and repairs, I'd have thought that the contract was explicitly subject to completion of those specified works.

That said, if you feel there's a risk then I suppose you can count it as a painful lesson: don't sign anything or hand over money until you're satisfied that the place is in an acceptable state.


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## Wexfordguy (26 Jan 2009)

Take the issue to the small claims court.
200 euro is not a pittance,if these chancers get away with it once they will continue to fleece unsuspecting people.
Hopefully the case will highlight the disgusting state of some landlords' properties.They will not launch a counter claim as it will air too much dirty washing(literally).
Go for it.


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## Guest128 (26 Jan 2009)

I completely sympathise with your situation but wonder why on earth you even considered renting the place after seeing mouse traps, no toilet seat etc. Even with promises to clean it, knowing the state it was in surely should have warned you off.....I know hindsight is 20/20 but a bit of common sense goes a long way.

Hope you manage to get the cash back, appalling to see that this still goes on. Where was the house, name and shame?


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## sadie (26 Jan 2009)

I went to see the place before it was technically 'back on the market' after the last tenants. I believed what the agent said about how it was going to be cleaned etc. They have a very smart office and appeared to be professional. See I'm not sure the landlord knows anything about this, even though he is being accused of keeping my money. The agency may keep booking deposits as their 'finding fee' and may not have told him anything. I got his address from the phone book so may drop him a line. I'm sure he'd be interested to know how well the agency he is paying is cleaning his house...


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## Optimist (26 Jan 2009)

If the shower was broken (as I think you say it was) then the dwelling failed the minimum stanards as required by the Housing (Standards For Rented Houses) Regulations, 1993. See this link.....

http://www.irishstatutebook.ie/1993/en/si/0147.html#zzsi147y1993a6

Therefore, you have a legal basis for backing out of the agreement and can demand your money back - go to small claims court (or at least threaten to)


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