# Letting Agent 'not responsible' for deposit refund



## Luxy (29 May 2009)

Hi All, 

I'm looking for advice. 

Myself and my former house-mate moved out of our rented property in Dublin on 8th May last. We have been model tenants throughout our tenancy; left house spotless, all utilities properly dealt with and paid off, gave plenty notice of our termination date (two months notice instead of the agreed 1 month as per the letting agreement), etc.

However, the letting agent is refusing to refund our deposit and now over three weeks later, their latest email states that the refund of our deposit is not their responsibility and that they have contacted the landlady who will deal with us directly. Unsurprisingly, the landlady is not contactable!

Please note at all times all communication was with and all rent was paid to the letting agent without any involvement of the landlady. How can the letting agent now wash their hands of this responsibility? 

I really need my money back as I'm unemployed (was not claiming Rent Allowance during tenancy). What should we do? We've threatened going to the PRTB, reporting the agent to the IVIA and IPAV, small claims court, etc but we're not getting anywhere.

I'd love to name and shame them as they seem to be a cowboy operation, but in the meantime is there anything we can do?   

Thanks.


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## computerman (29 May 2009)

A big mistake people make is letting their frustration get the better of them.  You state that you threatened to go to the PRTB etc. 

Take my advice, never threaten, just do!

Go to Threshold, www.*threshold*.*ie*
*and they will call the agent on your behalf.*


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## mro (29 May 2009)

I use letting agents and they deal with the deposit so i'd guess that it is the letting agents responsibility to give it back to you.


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## ali (29 May 2009)

Is there no reference to your deposit in your lease?


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## JQ2002 (29 May 2009)

Did you get a receipt from the letting agent for the deposit or did this come from Landlord?


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## mro (29 May 2009)

sorry answered question for directed at me


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## MrMan (29 May 2009)

Generally the deposit is direstly forwarded to the landlord by the agent. It is the landlords responsibility to return it but the agency cannot simply wash their hands of it. There is a short time frame from which the deposit must be returned and your best bet is now to contact threshold and they will sort it out for you. PRTB are waste of time.


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## Bronte (29 May 2009)

MrMan said:


> . PRTB are waste of time.


I know the PRTB are generally useless but I thought they were good for tenant's getting back their deposits?


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## muffin1973 (29 May 2009)

Luxy,

My understanding is that Letting Agents only do the initial letting of the property, show the property, get in the tenants, get references etc.  They do not manage the property, that is the responsibility of the landlady.  If you rented the property through the Letting Agent they would have sent the deposit straight to the landlady, probably with one month's rent.  The Letting Agent doesn't have the deposit anymore.  

Your lease should state who returns the deposit which in most cases would be the landlord.  

I would ring Threshhold and tell them what your lease states and see if they can help. 

M


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## onq (29 May 2009)

Whoever holds the deposit should return it.


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## JQ2002 (29 May 2009)

Letting agent faciliated the original letting of the property, assuming they facilitated the re-letting of the property for the landlord when you moved out, they should be organising the return of the deposit. 

In my opinion, they are passing the buck, why would you now have contact the landlord if you never had contact with her before.


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## MrMan (29 May 2009)

Bronte said:


> I know the PRTB are generally useless but I thought they were good for tenant's getting back their deposits?


 
If time isn't an issue then they are useful for tenants alright.


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## samanthajane (29 May 2009)

What do you mean by the landlady is not contactable? 

I rented years ago from an agency but on the lease was my landlords address and contact details. I only had to ring them once about the cooker not working, i did ring the letting agent first and was told to go directly to the landlord. 

When we moved out the landlord rang us to arrange a time to come and collect the keys and to get our deposit back. 

I dont think the letting agent has your deposit, but think they should be giving you a bit more help. 

I would request all her details from the letting agent i think your within your rights to have this information. Write a letter,  also leave a voice/text message and say you want a reply within "x" amount of time on when you will be receiving your desopit back. 

It could be that the landlord just hasn't got the money to give it back to you and thats why she is dodging you. Very bad and she never should of used the deposit, it should of been set aside and not touched. Do you know if the property has been rented out again yet. It could be that she is waiting to get the desopit from these people so she can return yours. Either way you are entitled to the deposit back. Did you have an assessment of the property when you moved out and handed back the keys? I get a copy of this for your records as well just to be on the safe side.


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## mro (29 May 2009)

It all depends if the letting agency have been hired to also manage the property. My letting agent also manages my property and they handle the depoist ie give it back to the tenant.


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