Q&A this week looks at tenant deposits and mortgages
I want my deposit back
I paid my landlord a substantial deposit (€1,600) as well as a month's rent in advance. I gave three months notice of quitting and am not breaking my lease, yet the landlord after visiting the apartment said that "the state of the place" means that he won't be giving me back my deposit. This is grossly unfair as the apartment is still perfect and I think it's basically a typical landlord rip-off.
Deposits are often fraught with difficulty though really they shouldn't be. The landlord is entitled to withhold a portion or all of the deposit if a tenant has caused damage to the property over and above normal wear and tear, leaving before the end of the tenancy or unpaid bills or rent. You should have an inventory of the apartment and ideally you should check it off with the landlord. His remark about the "state of the place" isn't really enough. If having gone through the inventory you still can't agree then you should take him to the Small Claims Court. It costs €9 to put in a claim and the service is provided through your local District Court Office. The procedure is designed to deal with consumer claims up to €1,269.74, less than your entire deposit but still worth your while. You don't say what part of the country you are so it's not possible to advise you where you local District Court office is. To find out, log onto www.courts.ie
Why was mortgage refused?
Last week I was refused a mortgage - and I don't understand why. I don't fully understand the system here but I have a good idea how it works and I was careful to apply for a mortgage of three times my salary which I understand is the norm. Does this mean that I will be blacklisted by other lenders?
Did you ask why you were refused? That's the starting point and really you should be told. The main thing any lender is concerned with is your ability to meet your monthly repayments.
You say you applied for loan of three times your income, which on the face of it seems fine, but did you factor in all your monthly outgoings? For example, have you a car loan or any other bank loans? Do you have a large credit card debt or any other personal loans? If so a lender might consider that once you pay all these off, there isn't enough left to pay the mortgage.
Have you a bad credit history? Check your credit history by applying to the Irish Credit Bureau (01-2600388).
Do you have a permanent job - maybe the lender you applied to isn't sympathetic to contract or freelance workers.
Just because you have been refused by one lender doesn't mean refusal by all - but before you apply again you should get your finances in order and find out why you were refused.
The best thing you can do is download a really excellent new booklet on every aspect of the mortgage process produced by the Irish Financial Services Regulatory Authority. www.ifsra.ie or get it by post by telephoning 1890 777777.
Anyone thinking of applying for a new mortgage or even moving their existing one should read it. Not only is it informative but unusually for anything to do with finance, it's easy to understand as it's not full of confusing financial gobbledegook.
Send your queries to Property Questions, The Irish Times, 10-16 D'Olier Street, Dublin 2 or e-mail propertyquestions@irish-times.ie.
Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.
