# Landlord withholding deposit



## Jason123 (12 Apr 2012)

Hi,

I am hoping someone can help.

Back in November myself and my housemate signed a 12 months lease on a 2 bedroom apartment.

Unfortunately my housemate lost her job which has forced us to give notice to the landlord of our intention to leave the property.

We gave him over 60 days notice of our intention to leave the property on the 27th of April.

The agreement was that if we found him replacement tenants that we would get our full deposit back. We found 3 different sets of replacements tenants only for him to advise he doesnt think they were suitable - all were private renters and he couldnt give us any reason for him not wanting them to live there.

He had originally said he would give us half our deposit back but then said no that even if he found replacement tenants that he has to pay the letting agent fees and also to register new tenants with the PRTB so therefore we are not entitled to anything.

He has therefore refused to return our deposits which means we are now €800 down.

Do we have any rights here?

Thanks in advance


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## Sue Ellen (12 Apr 2012)

If you run the search option in this forum you should be able to find previous threads which discussed this topic.  Memory tells me there have been quite a few.

The [broken link removed] should give you some advice and you should give Threshold a call to see if they can guide you.

Hope you get it sorted


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## Jason123 (12 Apr 2012)

Thanks Sue-Ellen,

I've been looking around but can't find anything specifially related to my query. It does seem like we have a case alright but I need to make sure before I start arguing!


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## facetious (13 Apr 2012)

You had a contract with the landlord and you have broken that contract.

Under Irish law, you are entitled to assign your lease to another party, acceptable to the landlord after his reference checking and if you find a suitable tenant you are entitled to your full deposit back, less any damage or outstanding rent/utilities etc. With an assignment, the new tenant (the assignee) takes over the remainder of your lease and no new PRTB registration is required, only a change of name.

If you fail to find a suitable replacement, the landlord is entitled to retain your deposit and claim any reasonable expenses in finding a new tenant (advertising, agents fees etc.).

The new tenant that the landlord finds will probably have a new one year lease thus the landlord must now pay another PRTB registration fee, the fee for your tenancy having only lasted about six months.


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## oldnick (13 Apr 2012)

facetious - I'm unsure  why you state that the OP broke any agreement when the agreement stated that the Op could assign the lease -which is exactly what Op tried to do with three seperate parties.
It seems to me that the landlord broke the agreement/contract  -assuming,of course, that the OP had reasonable tenants to take over the lease.

Sadly for OP it is a laborious process -with PRTB it can take ages, but it wouldn't be much quicker with a solicitor who'll charge .

As a landlord myself people like this landlord really annoy me as they perpetuate the bad rep that landlords have.


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## facetious (13 Apr 2012)

oldnick said:


> facetious - I'm unsure  why you state that the OP broke any agreement when the agreement stated that the Op could assign the lease -which is exactly what Op tried to do with three seperate parties.
> It seems to me that the landlord broke the agreement/contract  -assuming,of course, that the OP had reasonable tenants to take over the lease.
> 
> Sadly for OP it is a laborious process -with PRTB it can take ages, but it wouldn't be much quicker with a solicitor who'll charge .
> ...



IMHO, the OP had a 12 month contract with the landlord. The OP wants out of the contract therefore the op wants to break the contract. As I stated, the OP has the right to assignment which the landlord accepted but refused the proposed tenants. If I were the landlord, I would have preferred the assignment as opposed to a new lease. Again, in the OP's defence, he gave "notice" of 2 months which I would have thought would have been adequate to find assignees. 

However, we do not have all the circumstances and information of the case and only the OP's side of the story - not doubting the OP; and as you say yourself: _assuming,of course, that the OP had reasonable tenants to take over the lease._

Unfortunately, in this day and age, it is a fact of life that people are losing their jobs. However, that is not the concern of the landlord as regards his tenants. Again, we do not know the area where the property is, the condition of the property or if it is in an easy to rent area nor the effort the OP put into finding a replacement tenant. Again, no offence to the OP.


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## bugler (16 Apr 2012)

I don't see anything in the legislation that states that prospective tenants have to be acceptable to the Landlord when assigning the lease, even though common sense and fairness would suggest they should be. Perhaps the reason this is not stated is that it is a very subjective criteria, and easily abused by the landlord. Though you could argue the reverse too, of course. As with everything contract related, good faith is key.

Unless the tenants were clearly outside acceptable and sensible criteria for the landlord (a family of 5 for a two bed; RA tenants etc) I don't see the PRTB viewing the landlord's refusal very charitably. 3 sets of tenants? That is not going to play well at the hearing.

Hopefully OP you have the key exchanges in this in writing (?). Even if you don't, inform your landlord that you attempted to exercise your statutory right to assign the remainder of your lease. The landlord refused assignees not once, or twice, but thrice *without any reason*, which he is perfectly entitled to do, but this then allows you to legally terminate the lease agreement. As you had already entered into cordial discussion with the landlord over a departure date, and made agreement on this and your efforts to find an assignee, you consider your obligations fulfilled and wish for the return on your deposit. If the full deposit is not returned within 10 days you will be lodging a complaint with the PRTB.

Get all paperwork and details of this together, comnmit to paper what is not already on it, write down dates and times of discussions, get statements if you can from your proposed assignees. Fill out the PRTB form and keep all this stuff safe.




> *186.*—(1) This section has effect—
> 
> (_a_) despite the fact that the tenancy concerned is one for a fixed period, and
> 
> ...


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## Dublin3124 (16 Apr 2012)

The landlord was given two months notice and replacement tenants found.  You should get in touch with Threshold straight away and they will be able to hep you.  I found them very helpful.  

Best of Luck


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## roker (16 Feb 2013)

The PRTB is a dead loss, it can take a year to go to arbitration. My daughter went through the process when the landlord kept €800 deposit, She decorated throughout the house before leaving and it was a much better condition when she moved out than when she came in. At the abitration the lies from the Landlord was flowing thick and fast and the Abitrator fell for it hook line and sinker, the result, she got less than a quater back.


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## Bronte (18 Feb 2013)

As a landlord I take no notice of when tenant's tell me they are leaving so I'm going to assume your notice was valid and you're entitled to your deposit back.  In addition the landlord is being unreasonable I would consider in turning down 3 sets of tenants, but I'll add a caveat, it's very odd that he would put himself out of pocket by not more easily just allowing the new tenant's you've found.  

I don't see why he has to pay the letting agent a fee if the letting agent didn't have to find the tenant's.  For sure tenant's are not liable for the PRTB registration fee. 

And from a landlord's perspective I would think that even if a lesase is assigned that it's new tenant's and therefore a new PRTB registration, otherwise we could all be doing assigments with new tenant's and avoid the PRTB fee.  

If you've done no damage then you're entitled to your deposit back.  I'd tell the landlord you're going to complain to the PRTB about him and that might make him think twice.


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## facetious (19 Feb 2013)

This is an old thread, resurrected!!!

When a lease is assigned, no new PRTB registration is required - just notify the PRTB that there is a change of tenant. This is particularly applicable where there is a house share and one tenant vacates and a new tenant moves in. The same would also apply if all tenants move out and new tenants move in but no new lease is agreed upon.

A new tenancy agreement is required to be registered.

As regards, assignments, I do not know of one assignment done legally - a deed of assignment should be completed which legally passes  the rights and restrictions from the vacating tenant to the new tenant. In practice, to the best of my knowledge, the tenant moves out and the new moves in with some verbal comment that the new tenant is taking over the portion of the lease.

Have you ever seen a deed of assignment and what details should be included?


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