How long is to long to wait to get deposit back???

Dandoline

Hi everyone

Here's my question...

I gave my landlord 5 weeks notice that i would be out of the house on the 10th july that was fine. Hes starting to get really arsey with me now i asked him for a reference for my new place and all i got was you could be waiting 2 or 3 weeks which was a bit odd from him as generally he would be on the ball and get it for ya. I rang him wednesday to arrange a time to give back keys and get the deposit back on friday and he told me it would be saturday before he could meet me and that he had to evaluate the house and it would be mid next week before i got my deposit back. Now theres very little wrong with the house ive been in it 2 and a half years. ive 2 children so he was well aware of writing on walls which i painted and carpets washed and scrubbed the house from top to bottom. So my question is can he leave me waiting until mid next week?? also what can he take money out of the deposit for?


Thanks in advance

Dandoline.

mikemac

He can meet you Saturday but can't arrange for the deposit until Wednesday?

Tell me, when you moved in did he give you a couple of days extra to pay your deposit?
No? Then tell him to call over on Saturday and bring his cheque book!

Dandoline

Hey Mikemac

tried ringing him today and got no answer so i will get on to him first thing tomorrow. I know hes going to be using some landlords rights jargon when i do ring. what can he take money for? I painted the best part of the walls to freshen up the marks some are still there i just didnt have the time but theres nothing else..the blind in my sons room was damaged but i replaced the blind fair enough its not the same blind but its replaced??????

Senna

Just take lots and lots of photos of the house before you leave, they might be no use, but they could be useful if he claims you left it in a mess. Are you register with the PRTB?

Dandoline

Hi all

Thanks for the replies. Yes i am registered with the tenancy board. Was ment to meet last night and he was a no show its now changed to Monday so i told him i want the money Monday and thats it.. So we shall see what Monday brings...

Dandoline :rolleyes:

CorkLady1983

best of luck with it, sounds like this guy could be a bit of a cowboy.

LumpyMonkey

I'm a landlord and would never hand over a deposit when collecting keys as I can't assess the property on the spot.

I go into the property one or two days after the tenant has left and do a full inspection of the inventory, right down to each cup & spoon. Then I test each electrical appliance. Then I photograph the place top to bottom (usually works out at 50-60 photos for a 1 bedroom apartment). I also check with the ESB, NTL, etc to see that bills aren't outstanding.
If anything does need to be deducted, I may need to get a quotation, so in these cases, I'd return maybe half straight away, and the balance less deduction as soon as I have the quote available. It can take a week to have a tradesman look at something !
If I have to retain part of a deposit for damage in excess of wear & tear, I want to be 100% accurate when I communicate this to the former tenant so they know why their full deposit isn't being returned.
So it can take anywhere from a few days to a week or more to resolve everything.

It works both ways though. I realise that tenants have the same issue when moving on, so I usually allow them to pay the deposit over 2 (or even 3 months) on a 12 month lease. It's only fair.

geem

LumpyMonkey wrote: »

I'm a landlord and would never hand over a deposit when collecting keys as I can't assess the property on the spot.

I go into the property one or two days after the tenant has left and do a full inspection of the inventory, right down to each cup & spoon. Then I test each electrical appliance. Then I photograph the place top to bottom (usually works out at 50-60 photos for a 1 bedroom apartment). I also check with the ESB, NTL, etc to see that bills aren't outstanding.
If anything does need to be deducted, I may need to get a quotation, so in these cases, I'd return maybe half straight away, and the balance less deduction as soon as I have the quote available. It can take a week to have a tradesman look at something !
If I have to retain part of a deposit for damage in excess of wear & tear, I want to be 100% accurate when I communicate this to the former tenant so they know why their full deposit isn't being returned.
So it can take anywhere from a few days to a week or more to resolve everything.

It works both ways though. I realise that tenants have the same issue when moving on, so I usually allow them to pay the deposit over 2 (or even 3 months) on a 12 month lease. It's only fair.

Two questions if you don't mind since you seem to be a landlord.
What is the landlord supposed to have done with the deposit, say the tenant rented for 2 years, is landlord supposed to have kept it, seperate from their normal cashflow.
Also:
How much do you deduct from the deposit for each cup and spoon? Would those items not come under wear and tear - it would be very difficult to go a couple of years without breaking a dish.

the_syco

geem wrote: »

How much do you deduct from the deposit for each cup and spoon? Would those items not come under wear and tear - it would be very difficult to go a couple of years without breaking a dish.

Wear and tear doesn't equal stuff gettting broken. If there were 10 plates when the person rented the place, and only one plate when they left, that's taking the piss.

Sure, a spoon or two going missing happens, but you'd be surprised. I've moved into places where I had to clean the kitchen, all the plates, etc, because the previous tenants had left the dishes since they left, 4 months previous. Sometimes people would break something, and replace it, but as "they bought it", they'll bring it onto their next place.

Dandoline

Hi all

Well i got on ok i guess...ive to go halfs on a new bed (my son has a problem with his kidneys and had wet the bed a few times even with matress protecters on) which i think is a big unfair as like you would expect a new matress when you move somewhere because lord knows who or what has been in the bed before you. i had to buy new set of delph because a few plates and bowls were missing, new cutlerys, new pots because was was burnt at the bottom a little and one missing a lid, and a few other little nitty bits. Getting my deposit back tomorrow and i cant wait..its not the full amount but ive learnt a very valuable lesson. Thanks all for the advice.

Dandoline xx

LumpyMonkey

geem wrote: »

Two questions if you don't mind since you seem to be a landlord.
What is the landlord supposed to have done with the deposit, say the tenant rented for 2 years, is landlord supposed to have kept it, seperate from their normal cashflow.
Also:
How much do you deduct from the deposit for each cup and spoon? Would those items not come under wear and tear - it would be very difficult to go a couple of years without breaking a dish.

I'm happy to respond for you. Personally I hold the deposit in an account used only for rental properties. I have a cheque book on this account for paying plumbers, etc. so I return the deposit by cheque. In my records (a spreadsheet!), I keep the deposit monies separate to monthly rent.

I do list items on the inventory in sets - a set of 4 glasses, a 24 piece set of crockery, etc. If one glass gets broken I charge the tenant for the set, but they're welcome to take the remaining items. If they choose not to, then I bring them to a charity shop. This might seem excessive, but my properties aren't student flats - the crockery, glassware & cutlery is from Habitat or other quality shops - so if you get the use of high quality contents, you have to be prepared to replace them.

To the OP on matresses - I couldn't affoard to replace a matress for each tenant - that's a month's rent gone from day one! What's left to pay the mortgage? I supply good quality matress protectors, and have the matress steam cleaned when the carpets are being done.
A recent couple broke the bed from their love-making . . . they got charged . . . that's not wear & tear!!!

LM

D3PO

seems reasonable to me lumpy.

The tennants of course have the option to buy use their own crockery and cutlery if they dont want to risk having to pay for breakages of yours.

for geem as a tennant you have every right however to request the reciept for anything that is broken. Personally I would do this for 2 reasons

1. You want to know your not paying over the top

2. If you dont the landlord gets the money and also has the reciept to write the item off against tax therfore making a little cash out of it

geem

Thanks for the reply lumpy. I assume that, if say a tenant disputed having the price of whole crockery set extracted from their deposit when they chipped a saucer - that they would lose? If so, I would ask the landlord to remove all crockery/breakable items and use my own.
Another question - what constitutes reasonable wear and tear regarding breakable items such as aforementioned crockery/glasses etc

tman

Don't take my word for it, but according to a person my old agency used for doing check ins/outs and inventories, they have to return the deposit to you within 10 days of the keys being handed back... Could just be something he made up on the spot though, or could be part of UK law which isn't in affect in Ireland

Useful post is useful...

LumpyMonkey

geem wrote: »

Thanks for the reply lumpy. I assume that, if say a tenant disputed having the price of whole crockery set extracted from their deposit when they chipped a saucer - that they would lose? If so, I would ask the landlord to remove all crockery/breakable items and use my own.
Another question - what constitutes reasonable wear and tear regarding breakable items such as aforementioned crockery/glasses etc

I try to look at it this way - what standard would the new tenant expect? If it's a small chip out of one plate, then a new tenant isn't likely to object, therefore wear & tear. If it's two cups missing from a 24 piece crokery set, then they get charged for the set, and are welcome to take the incomplete set away - after all, they've paid for it !

I have a non-smoking clause in my lease as it means I don;t have to redecorate every year, and there's no danger of cigarette burns on sofas, etc. It's takes a lot of issues out of the the wear & tear argument.

I can't stress the importance of an inventory either. A few years ago, I had a girl move out only to find an armchair missing. She denied it was ever there, unitl I showed her the signed inventory and the photos. Then she remembered that her sister 'borrowed' it. Unfortunatly, that was most of her deposit gone.

The PRTB provide a dispute service and every property must be registered with them, so make sure your landlord gives you the PRTB form to sign, and check with the PRTB that he/she lodged it. It costs him/her €70 to do so.

On another regulatory note, all properties rented since 1st Jan must be energy rated and have a BER cert. Your landlord must be able to provide you with the rating that it received. It costs him/her approx €200-€250 for the cert for an apartment.