Letting agent withholding deposit

snorlax

Hi everyone I rented down in Carlow for 6 months and paid 750euro of a deposit. I recently got back 683euro and my landlord deducted 67euro for professional cleaning costs.

They had a sent me a reference detailing how clean I was / they would recommend me to another landlord prior to sending me this invoice.

Also in the contract it did not mention anywhere that the flat needed to be professionally cleaned after each tenant. This was not done prior to me moving in and I took photos with a date stamp prior to moving in showing how dirty it was.

it's only 67euro but still wondering how they get away this as it seems a bit like a scam? any advice please, thanks!

Xiney

I'd be fighting to get that money back. cleaning is not "damage beyond wear and tear" so they have no right to retain any of your deposit for it. Contact threshold.

variety

snorlax wrote: »

my landlord deducted 67euro for professional cleaning costs.

According to the RTA (2004) and amendments, there are 3 reasons why a Landlord can withhold a deposit (partially or in total):

1. Tenant has not given proper notice of termination of the tenancy resulting in (financial) loss;
2. Tenant has left outstanding bills or rent when leaving the accommodation;
3. Tenant has damaged the accommodation beyond "usual wear and tear".

There is a general duty on the Landlord to mitigate any (financial) losses.

The deductions taken from OP's deposit do not fall under any of these categories. If, however, conditions beyong 'wear and tear' can be proved, a Landlord could retain the portion of the deposit relating to the carpet cleaning and the painting.

'Wear and tear' is not defined in the Act, and is therefore extremely difficult to prove.

Threathen the Landlord with PRTB proceedings and you should see the deposit returned sharpish. Remember, a Tenant can always bring a PRTB dispute against a Landlord - even if their tenancy was never registered.

Gone Fishin

Most landlords would have the house cleaned properly anyway before letting new tenants in but they normally don't take it (I don't) from the previous tenants deposit, unless the house has been left in particularly bad order. Although I did have tenants once who left the house in such bad condition after a year, not only did I have to have it cleaned, the whole house needed to be repainted top to bottom.

Ask them to detail what had to be cleaned professionally and check it with you pictures. Also I would ask for a copy of the invoice from the "Professional cleaning company" if you are being charged. If the landlord doesn't give you this, contact the PRTB as the property should be registered with them anyway.

gurramok

Unless you were responsible for leaving the place in a mess(and I mean uninhabitable), its theft.
Get onto the PRTB anyway, that money is legally yours.