Deposit Issue

Arthurdaly

My landlord has advised he will be keeping our entire deposit (1250). He claims the carpets (white carpets everywhere) will need to be pulled up and replaced with wooden floors which will cost him 2.5K and the entire apartment painted.

Admittidly the carpets were stained in the living room and I conceded this and have no issue with a portion of the desposit be used to get professional cleaner in at market rates (stupidly should have had this done before we moved out).

He maintains he was shocked at the condition the apartment was left in (he had been around a few months previous and made no comments and the apartment was in exact same condition). Close family and friends were around also recently and commented it was a nice apartment.

Landlords only ever seem to have an issue when the apartment is left vacant, then they seem to pipe up that its not in a suitable condition to rent (will need to get the cleaners in etc). If he had viewed the apartment and I told him I was staying on for another year my guess is he would not have had a word to say!

Whats people opinion? Ill be damned if hes using our deposit to re-kit his apartment and will be raising with threshold.

Cathmandooo

He can't charge you for that, were they just everyday stains? not burns or anything above normal wear and tear? What does he expect with white carpets.

Contact the PRTB www.prtb.ie to open up a case of unfair retention of your deposit. It may take a while but you should be refunded your deposit or at least your deposit minus a receipted carpet clean.

MartyMarty

Go after him for all he's got - the money grabbing capitalist b*stard! What about the poor ordinary decent working man? Someone call Joe Duffy - quick!

Merch

Well, do you have any pictures of when you moved in? good idea to take some, if not, does the landlord as he will need to prove you have damaged them also.
This is a PRTB route, tell the landlord you are doing that because you dispute his assertions. Out of curiosity? has there been any or even slight damage done? not attributing blame, if there has normal wear and tear has to be considered acceptable but not actual damage.

Also white carpets are a bad choice for renting and even though I have come on here in the past and faulted people for threatening to not pay last months rent (which I stand by) there is also no reason for landlords to hold onto deposits (I take an impartial view)

I would dispute his claimed right to be replacing carpet with wooden floors even if you had damaged the carpet as from what I recall, wooden floor is more expensive per square metre.

Anyway, I'd tell him you are planning to take this to the PRTB, see how he reacts, if you suspect him of not being registered (ie if you never received aPRTB reg letter yourself, then he isnt) then you win.
Plus there are big fines for not being reg'd and along with the tax evasion stuff could cost him more.

I'd be aiming to get my money off him without going down any route.

P.S painting over moderate scuffing in my opinion is normal wear and tear

Arthurdaly

Thanks. In terms of registering with the PRTB, is the legal requirement the landlord registers? The property is registered? Or is the tenancy agreement?

I have searched the list of properties in the relevant area as at 31.12.09 and cannot locate the apartment. Large complex with 100+ apartments/house and only about half are on the list.

Assuming he/the apartment is not registered is he in breach of the law and liable for fine/court appearance?

I have no before and after photos and as you mention he will have these. Is the onus on him to prove there is damage above wear and tear.

Cathmandooo

Arthurdaly wrote: »

Thanks. In terms of registering with the PRTB, is the legal requirement the landlord registers? The property is registered? Or is the tenancy agreement?

It is the tenancy that gets registered. A new registration form has to be filled in each time there's a new tenant in occupation.

Arthurdaly wrote: »

I have searched the list of properties in the relevant area as at 31.12.09 and cannot locate the apartment. Large complex with 100+ apartments/house and only about half are on the list.

Did you ever receive a letter from the PRTB saying your tenancy is registered? If you didn't then it probably isn't registered, but from my experience the PRTB havent always been on the ball so things like notification letters can slip through the net.

Arthurdaly wrote: »

Assuming he/the apartment is not registered is he in breach of the law and liable for fine/court appearance?

According to the PRTB website:
The registration of a tenancy is a legal requirement on the landlord. Landlords failing to register a tenancy may be guilty of an offence and upon conviction shall be liable for a fine of up to €3,000 and/or up to 6 months in prison, along with a daily fine of €250 for a continuing offence.

Arthurdaly wrote: »

I have no before and after photos and as you mention he will have these. Is the onus on him to prove there is damage above wear and tear.

Yes the landlord would generally provide photographic evidence and a cleaning / replacement bill. tbh if it went up before a judge in the PRTB and they see the carpets were all white then they'd understand and account for stains.

Merch

Arthurdaly wrote: »

Thanks. In terms of registering with the PRTB, is the legal requirement the landlord registers? The property is registered? Or is the tenancy agreement?

I have searched the list of properties in the relevant area as at 31.12.09 and cannot locate the apartment. Large complex with 100+ apartments/house and only about half are on the list.

Assuming he/the apartment is not registered is he in breach of the law and liable for fine/court appearance?

I have no before and after photos and as you mention he will have these. Is the onus on him to prove there is damage above wear and tear.

If I were you and you want to try get your money back promply, I would mention that you are considering taking this up with the PRTB, tell him you dont want the hassle but you cant simply let it go, he might realise you are serious and give you your deposit back, then you are sorted quickly, assuming he's not reg'd may mean he has the property in another family member name or his and just hasn't bothered (keep all documents addressed to you and bills and lease) which means he probably isnt paying tax. I'd say if he wants you to follow all this stuff up then by all means keep the deposit. (meaning you'll get it off him through the PRTB)
Do you in your own honest opinion think you have done anything that might need to be repaired?
If yes then take that into account. If he is overdoing it, then do as above to get the money off him, honestly if it takes a drawn out affair to get it off him and you still do ge deposit back, I'd drop him in it after you're sorted because he should be reg'd with prtb and paying tax and he's being a ****, unless youre a tenant who is being a ****? (yeh it happens) p.s I'm being impartial, some people cant see that the damage they do to someone elses property counts but I am taking you at your word here.