Am I the only one giggling at the irony here?
Tenants leaving well before 56-day legal notice period. Can I keep their deposit?
- Thread starter Arnie Hammer
- Start date
Absolutely.
The OP has told us that turning the property around is difficult at the moment due to work and having a new born.
In those circumstances, I simply asked whether it was worth the OP's time having a fight over a couple of weeks rent, after tax?
The OP has concluded that it is - which is obviously fair enough.
Gordon Gekko
Registered User
- Messages
- 7,365
A row implies some sort of two sidedness.
This isn’t a row; it’s a slam-dunk.
It’s like someone saying to me “hey Gordon, there’s €600-1,000 in an envelope in town waiting for you. You just have to write a letter and take a half day from work to collect it.
I’d do that. That’s an efficient use of my time. And I suspect most people would.
Fair enough Gordon but this thread isn't about you.
Gordon Gekko
Registered User
- Messages
- 7,365
No, it’s about the OP who doesn’t seem to be swimming against the tide thankfully.
I really don't know what "tide" you are talking about.
The OP asked for feedback and appears to have found the responses helpful.
You seem to be intent on picking a fight for reasons that are beyond me.
Gordon Gekko
Registered User
- Messages
- 7,365
Not really Sarenco; I just find it tiresome when posters continue to double-down on patently ridiculous viewpoints. Exhibit A, your most recent “contributions” to this thread and your “let them eat cake” attitude to free money. I don’t believe that you really think that; sadly, you just seem unwilling to admit that you’re wrong. A common theme across your posts. Hard to see the point really, considering that your contributions are generally really good and positive.
Wrong about what?
I set out the legal position and then I asked the OP whether it was worth his time having a fight over a couple of weeks rent, after tax. That seemed like a reasonable question in circumstances where the OP is busy with work and a new born.
I said that I probably wouldn't take a morning off work to try to secure €600, particularly if I had pressing work or childcare commitments elsewhere. That's just a statement of fact.
I am happy to admit that I am wrong when I make a mistake about something. You haven't pointed to any such mistake and at this stage your posts are getting increasingly abusive.
Gordon Gekko
Registered User
- Messages
- 7,365
Right. So if the rent was very low and your marginal tax rate was as high as possible and you had pressing work or childcare requirements, you personally wouldn’t be bothered taking a half day’s annual leave to collect the guaranteed €600. I think we have that.
As for your accusation of abuse, I don’t see where I’m playing the man rather than the ball; it’s your point and your position that I’m having a go at, not you personally.
At this point, I fear that you’re simply trolling.
As for your accusation of abuse, I don’t see where I’m playing the man rather than the ball; it’s your point and your position that I’m having a go at, not you personally.
At this point, I fear that you’re simply trolling.
Please don't put words in my mouth Gordon.
I simply asked whether it was worth the OP's time having a fight over a couple of weeks rent, after tax? That was a question - not a position.
The OP concluded that it was, which is obviously fair enough.
In response to your later post, I subsequently said that I probably wouldn't take a morning off work to try to secure €600, particularly if I had pressing work or childcare commitments elsewhere. Spending time in the RTB on a day off would not be my idea of fun.
I note you still haven't specified what I said that was wrong and yet you are now accusing me of trolling!
I simply asked whether it was worth the OP's time having a fight over a couple of weeks rent, after tax? That was a question - not a position.
The OP concluded that it was, which is obviously fair enough.
In response to your later post, I subsequently said that I probably wouldn't take a morning off work to try to secure €600, particularly if I had pressing work or childcare commitments elsewhere. Spending time in the RTB on a day off would not be my idea of fun.
I note you still haven't specified what I said that was wrong and yet you are now accusing me of trolling!
Gordon Gekko
Registered User
- Messages
- 7,365
Where’s the fight? There is no fight!
It’s a slamdunk.
It’s a slamdunk.
The OP's tenants have said they want their deposit back. The OP wants to retain the deposit.
That's the dispute.
I advised that the OP can legally retain monies from the security deposit to cover rent that should have been paid up to the end of the notice period that should have been given by the tenants.
But that doesn't mean the tenants won't refer the dispute to the RTB. After all, it's essentially a free shot.
The OP has constraints on his time and therefore it seemed reasonable to ask whether the OP would have the time to respond to any such complaint and attend an RTB hearing or whether it would be worth his while.
Now, can you point out what element of that response is wrong?
That's the dispute.
I advised that the OP can legally retain monies from the security deposit to cover rent that should have been paid up to the end of the notice period that should have been given by the tenants.
But that doesn't mean the tenants won't refer the dispute to the RTB. After all, it's essentially a free shot.
The OP has constraints on his time and therefore it seemed reasonable to ask whether the OP would have the time to respond to any such complaint and attend an RTB hearing or whether it would be worth his while.
Now, can you point out what element of that response is wrong?
Gordon Gekko
Registered User
- Messages
- 7,365
Sarenco,
I cannot believe you’re still flogging this dead horse.
You should organise a meeting for people who don’t have the time to write a letter and take a morning’s annual leave in order to collect a guaranteed €600-1,000.
If phoneboxes still existed, one might be the perfect venue.
Enjoy your weekend.
Gordon
What dead horse?
I asked you on three separate occasions to specify exactly what I said that was wrong - which was your original accusation. You have conspicuously failed to do so.
Plenty of accidental landlords would struggle to find the time to adequately respond to an RTB complaint and attend an RTB hearing. Particularly if they had a demanding job and a new born child.
Even if they did find the time, it's entirely reasonable to ask whether it's worth the grief over a relatively modest sum.
Gordon Gekko
Registered User
- Messages
- 7,365
No, I'm saying it's a hassle to prepare an adequate response to a complaint and to attend an RTB hearing.
Not most people's idea of a good time.
losttheplot
Registered User
- Messages
- 600
There's could be a risk tenants start listing other trivial issues to RTB to make the landlord look bad. Then the hassle may not be worth it.
In fairness, how many people fail to shop around for a better mortgage deal that would save them considerably more money for less disturbance?
I've been to an RTB adjudication to support a friend as she didn't feel safe going in alone against someone who had threatened her and her family with harm. I thought that was a slam dunk case too, but even though the tenant had no response to photos that showed significant damage during their tenancy, and even denied that furniture the landlord said was removed from the property had ever been present before going on to show pictures supporting their claims that clearly showed some of the items. RTB ordered the deposit returned in full with no account for unpaid rent.
You can never be 100% certain of the outcome of any RTB adjudication.
For example, the OP's tenants could argue that the OP failed to mitigate his losses by not promptly advertising the property to alternative tenants.
I'm not saying that argument would necessarily succeed but there is always a possibility that an adjudicator would take it into account in any determination.
For example, the OP's tenants could argue that the OP failed to mitigate his losses by not promptly advertising the property to alternative tenants.
I'm not saying that argument would necessarily succeed but there is always a possibility that an adjudicator would take it into account in any determination.