Over the top wear and tear after moving out?

cheesly

My friend and I moved into an apartment last September and paid 650 rent and 650 deposit on day 1.

As we're teachers I said we weren't going to sign a twelve month contract. The letting agent said "that after 6 months everything's easygoing". So we signed the lease.

After 6 months, we gave a month's notice (due to health problems) and the landlord was ok with this. We moved out during the middle of this month.

The letting agent was extremely unprofessional during this, and was not a neutral party at all. He would not return our calls, get back to us, and was abrupt with us. We converse with our landlord through the letting agent only.

The two weeks for this month was taken out of the deposit so we should have received back 400 euro.

However, the letting agent has told me today, that repairs will amount to 500 Euros, to get the carpets cleaned and "maybe one replaced" because of apparent cigarette burns or something even though neither one of us smokes!

The couches were “stained” even though we covered them with throws for the whole year (because white couches are just asking for trouble!) and the oven was apparently filthy.
The oven was dirty, we had tried to clean it as best as we could; the couches had been hoovered to get the lint from the throws off; and the carpets were had a few stains but they were cream carpets and we weren't going to take our shoes off every time we were inside!

I took pictures before we left and we have pictures before we moved in, but none are up close to the couches or carpets.

My question is this, the letting agent is being really rude to us and unfair, I don't know whether half the stuff he says the landlord says is true. I don't know if they're trying to pull a fast one on us. The quote for the carpets seems high. Can we request to get a different quotation? Are these things beyond normal wear and tear?

Roddy23

This is all wear and tear. I have gone through all this before with the Landlord/Estate Agent keeping the deposit, and we ended up going to the PRTB. Nearly 15months later, we received our deposits and also compensation as punishment for the Landlord with holding our deposits.

The photographs will definitely come in handy if they start to take the p1ss, so hang on to them.

If they don't return the deposits, get onto the PRTB, and be prepared for a long wait, but ultimately you should receive your deposit back in full.

cheesly

Thanks roddy23... I didn't know if I was going mad or not!
The letting agent will not arrange a conversation between the landlord and I. Is he allowed to do this? I don't have any of the landlord's details and I would prefer to talk to him about this than go through the pig headed letting agent... Do I have the right to skip the middle person and talk straight to the landlord?

Cathmandooo

cheesly wrote: »

Thanks roddy23... I didn't know if I was going mad or not!
The letting agent will not arrange a conversation between the landlord and I. Is he allowed to do this? I don't have any of the landlord's details and I would prefer to talk to him about this than go through the pig headed letting agent... Do I have the right to skip the middle person and talk straight to the landlord?

No, the landlord is paying the letting agent to act on their behalf so I'm afraid you're stuck with them. You can always keep at the letting agent to let you speak to the landlord but they don't have to give you their contact details.

Maybe physically call into the letting agent and speak face to face, you might get more out of them then.

AnonoBoy

Inform the letting agent that the damage they claim were caused by you (cigarette burns etc) were not and were there when you moved in. Tell them you have photographs of both the condition of the house when you moved in and when you moved out and you will be showing them to the PRTB as that's where you are taking your claim.

Do not tell them how much detail these photos show, hopefully the threat of the PRTB will be enough for them to return your money.

iguana

The best thing to do, imo, is to call the letting agent ask to speak to the manager. Tell him/her that you have sought "advice" and will be contacting the PRTB if they don't return your deposit. Let them know you have before and after photos, and that you are non-smokers, because of this you are confident that the PRTB will not only find in your favour but that they will order that you are compensated for the agents actions and your lost interest. Tell them you will give them to "X" date to decide if they want to go down this route.

Xiney

iguana wrote: »

The best thing to do, imo, is to call the letting agent ask to speak to the manager. Tell him/her that you have sought "advice" and will be contacting the PRTB if they don't return your deposit. Let them know you have before and after photos, and that you are non-smokers, because of this you are confident that the PRTB will not only find in your favour but that they will order that you are compensated for the agents actions and your lost interest. Tell them you will give them to "X" date to decide if they want to go down this route.

Absolutely do this.

cheesly

The letting agent is the manager. Ringing him all last night (he said to call at five so he could tell us the conversation he'd had with the landlord), kept turning off and on his phone, then at eight he put someone else on the phone pretending to be him. Think he was out.
Told me that the landlord had seen teh place and thought it was disgusting. Told my boyfriend that the landlord was going to see the appartment yesterday (for the first time) after Letting agent had "hired" cleaners to get rid of the burn marks.
We're so mad over last night, we're looking in to meeting up with a solicitor today. We're in the west and know no one so hopefully we'll find someone who can help. Threshold also emailed me back saying they could ring the agent/ landlord on behalf of us.. would that be a big enough kick in the arse?

Roddy23

Hi Cheesly this sounds fairly familiar to what we went through. I just noticed your in the West, so that's the only thing that would rule you out of been burnt by the same pack that tried to do us.

I'd get onto the PRTB to be honest. Make sure you're reg'd as this alone can take up to 6months. Once your reg'd the process will begin but only after you've filled out a dispute Resolution form. If you're worried that much about going to a solicitor, do. It might make them realise you're not been taken for a ride here. It really angers me that in this day and age people can just take money from others and think to get away with it. If they don't cough up in the next few days, get reg'd with the PRTB and show them you mean business.

Also, make sure you keep everything that shows you were a good tenant, and keep records of when rent was on time, and all photographs. If you have a rent book hold onto that too. Challenge the Estate Agent on everything and keep records of any conversations you have with them, as this may go to a dispute resolution or even a tribunal. But providing you left the house in good condition and the way you say it was, you'll get your money returned.