Originally Posted by Piriz
My landlord moved me into a different apartment in a complex while I was temporarily away for a few months without informing me. The agreement was for me to leave personal belongings in the apartment as I was returning. Upon my return, the landlord had moved me to a different apartment in the same complex and lots of my personal belongings were lost in the transfer, some items were damaged too. I have requested compensation in writing however my request has not been answered. I have not paid rent for the last 2 months as a result of this and I plan on moving out next week without paying, they can keep my deposit!
This is fair right? What do you advise?
Fair - possibly - without meaning to be insulting we've only your side of the story. The items damaged or missing might only come to 50% of the value of 1 months rent - we don't know.
However - moving your items even ENTERING your property (except for an emergency eg leaking pipe) is a complete no-no in Ireland. There's no ambiguity about it, unless there was an emergency the LL can't enter without your permission. That's point 1 against the LL
you've confused issues with the statement "The agreement was for me to leave personal belongings in the apartment as I was returning
- Is this written down anywhere/recorded/emailed. If it isn't recorded/written and signed there is no real agreement.
- Did the written agreement state that the property would be left vacant and your belongings left there.
- Did the written statement allow the LL to move your property if necessary?
Depending on your answers to those the LL can stand up in front of the PRTB and say that he had your permission to move the belongings and he never saw anything being damaged - he'd need a brass neck but it's possible - it could be your word against his. Do you have any receipts for those belongings? You can prove that way you owned them before you left.
Upon my return, the landlord had moved me to a different apartment in the same complex and lots of my personal belongings were lost in the transfer, some items were damaged too
Are you saying that the LL moved your property once while you were away and then a second time when you came back? Was the second move carried out with you there? If it was how did the items get damaged? Again he can say that he never touched them; that you/your friends damaged them yourself/selves and he's not responsible.
I have not paid rent for the last 2 months as a result of this and I plan on moving out next week without paying, they can keep my deposit!
This is your major mistake, if it comes before the PRTB they will look badly on you not paying rent, no matter what the arguements between you and the LL. The only time you can hold back rent money is;
All-on-all unless your majorly down money for the items lost/damaged I would just leave things as you are. Unless you've proof he moved you and that he damaged goods the only verifiable thing in the argument is that you didn't pay 2 months rent - there will be no lodgement into this bank account.
- If the LL is living abroad and your paying the 20% tax for him to the revenue
- If there is a major safety issue in the property, you've repeatedly contacted the LL (by registered letter, email, text - it has to be verifiable) and the LL has done nothing. There seems to be a rule of thumb of a week for this being put forward on boards. - Unless it's one of those 2 reasons then no, you can't hold back rent
One more thing, you can't value your belongings at their "new" price - you have to reduce their value according to their age - usually you knock off 20% for each year you've owned them (depreciation)