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How much should I deduct from the tenant deposit?

  • 08-02-2011 8:14pm
    #1
    Registered Users, Registered Users 2 Posts: 18


    Hi there
    My tenant is moving out and I went to see the house yesterday and it is not in good repair.
    Her children have scribbled on the walls and doors in 3 rooms and the landing.
    The kitchen chair cushions are in a very bad state. They are material and attached to the chairs.
    There are handles missing from the kitchen presses and a wardrobe.
    There is a lamp missing.
    A drawer is broken in a chest of drawers.
    Roughly how much should I deduct from the total deposit of 1000?


«1

Comments

  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Give it all back. It was like that when she moved in. Anyway you don't have photographs agreed with her before she moved in and you don't have receipts for the items and the cost of the repairs and replacements. You probably owe her money for loss of amenity for having to live in such a kip and ignoring her heartfelt emails which you say you never got, but she says she sent them to do something about it.


  • Registered Users, Registered Users 2 Posts: 18 gillybean


    I have photos taken on the day the property was handed over and from each inspection. All show clearly the items were in good repair when she moved in.


  • Closed Accounts Posts: 51 ✭✭lendmeyourear


    gillybean wrote: »
    Hi there
    My tenant is moving out and I went to see the house yesterday and it is not in good repair.
    Her children have scribbled on the walls and doors in 3 rooms and the landing.
    The kitchen chair cushions are in a very bad state. They are material and attached to the chairs.
    There are handles missing from the kitchen presses and a wardrobe.
    There is a lamp missing.
    A drawer is broken in a chest of drawers.
    Roughly how much should I deduct from the total deposit of 1000?

    A number of points come to mind...
    How long has your tenant been there... you did understand that children would be children in your house...
    Why is it a surprise to now discover the state of the house, were you not regularly visiting...very important to show interest during the tenancy..
    There has to be reasonable wear and tear and the chances are that in this new economic climate where tenants can get very good deals, you would have to repaint and bring the place back to a high spec if you wish to relet it. I assume also that you had a contract stamped by the PRTB. It would serve you well to discuss the matter with your tenant and I hope you had an inventory of all the items in your apartment.

    When reletting, Aldi and Lidl regularly have chair cushions. It is a very bad idea to have fixed material cushions on chairs for letting. You would want to re-think what you have in your house when letting it and be prepared to throw out quite a lot after each letting.

    I have been there, done that for years and years and generally it is less wearisome if you just hand back the deposit especially if the tenant paid her rent each month.


  • Registered Users, Registered Users 2 Posts: 4,788 ✭✭✭ztoical


    Jo King wrote: »
    Give it all back. It was like that when she moved in. Anyway you don't have photographs agreed with her before she moved in and you don't have receipts for the items and the cost of the repairs and replacements. You probably owe her money for loss of amenity for having to live in such a kip and ignoring her heartfelt emails which you say you never got, but she says she sent them to do something about it.

    :confused: did I miss a post or something?


  • Closed Accounts Posts: 51 ✭✭lendmeyourear


    gillybean wrote: »
    I have photos taken on the day the property was handed over and from each inspection. All show clearly the items were in good repair when she moved in.

    Gillybean

    I note what you say....it largely comes down to how long she was there and your contract....I feel you would have had to repaint and do minor repair work anyway, and the items you mention are not hugely expensive, the deposit is probably of huge import to your tenant and ask yourself, are you in form to argue over two hundred euro. It would be useful to say to your tenant that you have seen all these things and you expect that in order for her to get her full deposit back you expect her to make good most of what you have seen, in that way, you might claw back on some of the damage.


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  • Registered Users, Registered Users 2 Posts: 2,413 ✭✭✭pooch90


    ztoical wrote: »
    :confused: did I miss a post or something?

    Was wondering the same thing!


  • Registered Users, Registered Users 2 Posts: 135 ✭✭nessie911


    Jo King wrote: »
    Give it all back. It was like that when she moved in. Anyway you don't have photographs agreed with her before she moved in and you don't have receipts for the items and the cost of the repairs and replacements. You probably owe her money for loss of amenity for having to live in such a kip and ignoring her heartfelt emails which you say you never got, but she says she sent them to do something about it.

    What are you on about emails etc, did i miss something.

    You should get prices to cover the damage done, to chairs etc. How long has she been living there? If more than a year I would not charge for the re painting, because houses do need to be repainted on a regular basis.


  • Registered Users, Registered Users 2 Posts: 18 gillybean


    The house was mine so all furniture left was mine to begin with hence I did not buy new for my tenant. She has been there just under 2 years and until recently I had a letting company manage the property. On their last inspection none of this was reported or in photos. I do not see what children have to do with it. Mine don't scibble on walls so I don't expect someone else's too. The house does need to re painting so I wasn't planning to deduct that but something for the damage. I am registered with the PRTB.
    I think we all missed JoKing's point!


  • Registered Users, Registered Users 2 Posts: 1,611 ✭✭✭cgarrad


    At least half.


  • Closed Accounts Posts: 543 ✭✭✭CK2010


    i think joKings point MAY have been that this will be the tennants argument and that its not worth the hassle cause his post just outlined what she'll say to you... maybe im wrong though :confused::pac:

    tbh i think you should give their deposit back in full. its general wear and tear that comes hand in hand with some kids. they'll more than likely be counting on it for a deposit for the next place. unless there is loads of damage to essentials in the house then i personally wouldnt charge them. maybe deduct the cost of the lamp?? but no more than that.


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  • Closed Accounts Posts: 51 ✭✭lendmeyourear


    gillybean wrote: »
    The house was mine so all furniture left was mine to begin with hence I did not buy new for my tenant. She has been there just under 2 years and until recently I had a letting company manage the property. On their last inspection none of this was reported or in photos. I do not see what children have to do with it. Mine don't scibble on walls so I don't expect someone else's too. The house does need to re painting so I wasn't planning to deduct that but something for the damage. I am registered with the PRTB.
    I think we all missed JoKing's point!

    Letting Companies do not love your property the same way that you might.. Two years is a good tenancy and if she paid her rent as per your agreement, these days you are fortunate. It is important to point out to her the damage as you see it, as you said yourself you will have it repainted so the scribbling is no longer an issue... give her the opportunity to make good on some of the items you mention, its all about compromise. I have seen houses trashed.... and it has gone to the stage that minor material damage would be a relief. I do not mean of course to minimise your losses...There are few perfect tenants and less perfect landlords, I always try to bear that in mind :)


  • Registered Users, Registered Users 2 Posts: 427 ✭✭verywell


    Ignore the cost of the scribbling as you would most likely have to paint/clean before new tenants move in and that is not deductible from the deposit anyway. I would consider deducting money for the kitchen presses as that is not normal wear and tear.

    You know in your heart what your property was like when they moved in. So if you know that all was in order then deduct what is necessary.

    Otherwise, give it all back.


  • Registered Users, Registered Users 2 Posts: 773 ✭✭✭echosound


    To replace the missing lamp - you'll pick up a lamp for 10 euro or so.

    Missing handles from press and wardrobe - you'll pick these up for a max of 4 euro each if you go for bog standard knobs.

    The drawer that's broken in the chest - how sturdy is the press, is it one of those cheap and cheerful ones which have thin cardboard-like bases? Is it that which is broken? They tend to break very easily TBH.
    A whole new chest of drawers can be got for under 50 euro.

    Kitchen chairs - get tie-on seat cushions for them. Can be got for around 4 euro each.

    Scribbles on walls - you'd be needing to repaint anyway after 2 years, so no extra cost to you there.

    So add up the above, and see what it comes to.
    10 for lamp, plus lets say 6 new handles for presses is 24, plus 4 cushions is 16, plus an entire new chest of drawers if needed at 50, so that's 100 euro max that you need to spend.


    Door handles on presses seem to be badly fixed in a lot of houses, and fall off easily, or unscrew over time. Chair cushion-covers would need to be refreshed after each tenancy. The lamp is easily picked up for the 10 euro, or do you really need to provide a lamp in a rented property at all? And if the press is one of those cheap and cheerful jobs that was originally a flat-pack job, they fall apart over time with normal use.


    TBH all of the things you've mentioned as needing repair, I would just replace myself rather than have the hassle of withholding 100 euro to fix items as small as that. Or perhaps tell the tenant that she must replace the lamp, door handles, and get cushion covers for the chairs. And fix up the drawer or replace it.


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Assuming the scribbling can be cleaned off and painted over then I'd ignore it. If its scratched in, thats a different thing entirely. Most handles can be replaced easily and cheaply. Recovering chairs shouldn't be too expensive either. Some wear and tear is to be expected.


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    gillybean wrote: »
    Roughly how much should I deduct from the total deposit of 1000?
    gillybean wrote: »
    I have photos taken on the day the property was handed over and from each inspection. All show clearly the items were in good repair when she moved in.
    Fix the place up, give her a copy of the receipt for the items that you had to buy to fix the damage, and give her back the rest.
    Jo King wrote: »
    Give it all back.
    I honestly have no f**king idea what this poster is on about. Sounds like a past landlord may have shat on their car.


  • Registered Users, Registered Users 2 Posts: 8,085 ✭✭✭Xiney


    the_syco wrote: »
    Fix the place up, give her a copy of the receipt for the items that you had to buy to fix the damage, and give her back the rest.

    This.


  • Registered Users, Registered Users 2 Posts: 17,321 ✭✭✭✭astrofool


    Why are people here getting all caught up and emotional about this?

    You're running a business.

    Charge her whatever damage was caused above normal wear and tear.

    i.e.

    Her children have scribbled on the walls and doors in 3 rooms and the landing. -> Walls likely needed repainted anyway. Doors would be above normal wear and tear, charge her.

    The kitchen chair cushions are in a very bad state. They are material and attached to the chairs. -> Probably not the best idea to have a couch with integrated cushions in a rental, they're always likely to take a lot of damage

    There are handles missing from the kitchen presses and a wardrobe. -> above wear and tear, should be fixed, deduct

    There is a lamp missing. -> what did the lamp cost? deduct this

    A drawer is broken in a chest of drawers. -> badly broken? Was it expensive or cheap, may be wear and tear.


  • Registered Users, Registered Users 2 Posts: 3,639 ✭✭✭Blackjack


    Jo King wrote: »
    Give it all back. It was like that when she moved in. Anyway you don't have photographs agreed with her before she moved in and you don't have receipts for the items and the cost of the repairs and replacements. You probably owe her money for loss of amenity for having to live in such a kip and ignoring her heartfelt emails which you say you never got, but she says she sent them to do something about it.

    I think the notable Sarcasm in the above has been missed by many.


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    gillybean wrote: »
    Hi there
    My tenant is moving out and I went to see the house yesterday and it is not in good repair.
    Her children have scribbled on the walls and doors in 3 rooms and the landing.
    The kitchen chair cushions are in a very bad state. They are material and attached to the chairs.
    There are handles missing from the kitchen presses and a wardrobe.
    There is a lamp missing.
    A drawer is broken in a chest of drawers.
    Roughly how much should I deduct from the total deposit of 1000?


    What kind of stupid question is this ? There is no such thing as roughly how much do I duduct.

    Its a freaking exact science. You deduct what it costs to repair or replace the items not a cent more not a cent less and you provide all the reciepts to the tennant.

    Seriously there are too many landlords out there that havent a clue what they are doing


  • Registered Users, Registered Users 2 Posts: 18 gillybean


    D3PO wrote: »
    What kind of stupid question is this ? There is no such thing as roughly how much do I duduct.

    Its a freaking exact science. You deduct what it costs to repair or replace the items not a cent more not a cent less and you provide all the reciepts to the tennant.

    Seriously there are too many landlords out there that havent a clue what they are doing

    I'm very sorry if I come across as though I don't know what I'm doing but this is the first time I have had a tenant leave where there was a question over the deposit. I don't want to mess her about by deducting more than a reasonable amount for damaged items. Eg the lamp cost 50 euro but I'm not planning on charging her the full amount for it.
    I'm a new user to boards and I have to say there are some lovely people out there but there are a lot of very rude ones!


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  • Registered Users, Registered Users 2 Posts: 2,284 ✭✭✭wyndham


    €203.47


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    gillybean wrote: »
    I'm very sorry if I come across as though I don't know what I'm doing but this is the first time I have had a tenant leave where there was a question over the deposit. I don't want to mess her about by deducting more than a reasonable amount for damaged items. Eg the lamp cost 50 euro but I'm not planning on charging her the full amount for it.
    I'm a new user to boards and I have to say there are some lovely people out there but there are a lot of very rude ones!
    Look at the over all cost of making things as they were when the tenants moved in minus reasonable wear and tear. This includes if the lamp was 2 years old then look at its depreciation value and charge the difference. Don't let the tenannt away with anything but also be fair in what you charge.


  • Registered Users, Registered Users 2 Posts: 782 ✭✭✭gibo_ie


    Xiney wrote: »
    This.

    As Xiney said, this is the best way, its honest and open. I am a landlord and usually give my tenants the option to repair/replace anything before they move out that is beyond normal wear and tear.
    If they refuse, i will buy the same standard as was there and charge them a small fee for my time taken to get these things, like 2 hours at 10 per hour - depending on where i need to go and get the parts and how long it takes to replace/repair them.

    Most tenants will be happy to get the things themselves.

    As for scribbling on doors and walls, however not nice this was it is normal wear and tear, those "magic scrubber block" things you can get in atlantic and places like that are brilliant and get most of this stuff off in a few mins. You cant charge for repainting unless they do something like pour paint on the walls or bust holes in the plasterboard (then you can charge for repair and repaint of the room).

    You should also hold the deposit for no more than 7 days after they leave until you have a chance to do a full and proper inspection of the whole house, e.g. under sofa cushions, in the attic, under beds etc.. You will be suprised at what damage people try to hide with pictures on the walls and floor mats!!

    At least fair play to you for asking!!
    Good Luck,


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    gillybean wrote: »
    Eg the lamp cost 50 euro but I'm not planning on charging her the full amount for it.
    Why not? They broke it. Unless you can get it cheaper, they broke it.
    gibo_ie wrote: »
    You will be suprised at what damage people try to hide with pictures on the walls and floor mats!!
    Having lived in a few student houses, a lot of damage can be hidden by pictures, and moving about furniture.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    gibo_ie wrote: »
    As for scribbling on doors and walls, however not nice this was it is normal wear and tear
    I wouldn't consider scribbling on doors and walls as normal wear and tear.


  • Registered Users, Registered Users 2 Posts: 882 ✭✭✭ZYX


    the_syco wrote: »
    Why not? They broke it. Unless you can get it cheaper, they broke it.

    .

    However they didn't break a new lamp. They broke one at least 2 years old.


  • Registered Users, Registered Users 2 Posts: 17,321 ✭✭✭✭astrofool


    ZYX wrote: »
    However they didn't break a new lamp. They broke one at least 2 years old.

    And if it was 100 years old, and an antique?

    You charge the replacement cost of the item, not lamp - 2 years depreciation. If they break a 30" TV, they have to replace it with a 30" TV, not a 24" TV because that's what the 30" TV is worth after 2 years.

    Second hand furniture is almost worthless as soon as it's been bought.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    astrofool wrote: »
    And if it was 100 years old, and an antique?
    Then the landlord would have been a fool to leave it there.
    astrofool wrote: »
    You charge the replacement cost of the item, not lamp - 2 years depreciation. If they break a 30" TV, they have to replace it with a 30" TV, not a 24" TV because that's what the 30" TV is worth after 2 years.
    Says who? Replacing with a second hand TV would be acceptable as long as it is in the same condition as the previous TV. Are you suggesting that a 4 year old TV should be replaced with a brand new TV?


  • Registered Users, Registered Users 2 Posts: 882 ✭✭✭ZYX


    astrofool wrote: »
    And if it was 100 years old, and an antique?

    You charge the replacement cost of the item, not lamp - 2 years depreciation. If they break a 30" TV, they have to replace it with a 30" TV, not a 24" TV because that's what the 30" TV is worth after 2 years.

    Second hand furniture is almost worthless as soon as it's been bought.
    However if person bought a lamp for €100, they declare the depreciation against tax so they now have a lamp officially valued at €70. Why should the tenant be expected to pay €100 for a lamp valued at €70? Why should the landlord effectively get 2 years use of a lamp for free and have charged the tenant for the rent of the lamp for this period? If the tenant broke a 20 year old lamp do you feel they should pay the "new" price? Is the landlord allowed the previous 20 years use of the lamp and tax deductions and rental income for free?

    The tenant broke a 2 year old lamp (at least 2 years old). They should pay for the equivalent replacement i.e. the cost of replacing a 2 year old lamp.


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  • Registered Users, Registered Users 2 Posts: 17,321 ✭✭✭✭astrofool


    ZYX wrote: »
    However if person bought a lamp for €100, they declare the depreciation against tax so they now have a lamp officially valued at €70. Why should the tenant be expected to pay €100 for a lamp valued at €70? Why should the landlord effectively get 2 years use of a lamp for free and have charged the tenant for the rent of the lamp for this period? If the tenant broke a 20 year old lamp do you feel they should pay the "new" price? Is the landlord allowed the previous 20 years use of the lamp and tax deductions and rental income for free?

    The tenant broke a 2 year old lamp (at least 2 years old). They should pay for the equivalent replacement i.e. the cost of replacing a 2 year old lamp.

    And where does one get a 2 year old lamp? Dunnes, Penneys, House of Fraser? You pay replacement cost, not original cost minus depreciation.


  • Registered Users, Registered Users 2 Posts: 4,306 ✭✭✭Zamboni


    astrofool wrote: »
    And where does one get a 2 year old lamp?
    Adverts.ie :)
    astrofool wrote: »
    You pay replacement cost, not original cost minus depreciation.

    It's like insurance. You should put the landlord back in the same position before the damage/loss.
    The landlord is not owed a brand new lamp.

    This is all fairly childish tbh. The landlord/lady should just do a deal with the tenant on the value of the lamp. i.e. The lamp cost €50 new, you broke/lost it. Let's call it €25 out of the deposit.


  • Registered Users, Registered Users 2 Posts: 882 ✭✭✭ZYX


    astrofool wrote: »
    And where does one get a 2 year old lamp? Dunnes, Penneys, House of Fraser? You pay replacement cost, not original cost minus depreciation.

    As Zamboni says. You pay what the value of the lamp was at the time of damage. The landlord makes up the rest.

    I own a 7 year old car. If you crash into me, totally your fault and my car is a total write off, are you going to buy me a brand new car? Ofcourse not. You will pay me the estimated value of the 7 year old car. Whether I can actually buy a replacement car for that amount is totally irrelevant. It is the same if you damage property in a rented house.


  • Registered Users, Registered Users 2 Posts: 17,321 ✭✭✭✭astrofool


    ZYX wrote: »
    As Zamboni says. You pay what the value of the lamp was at the time of damage. The landlord makes up the rest.

    I own a 7 year old car. If you crash into me, totally your fault and my car is a total write off, are you going to buy me a brand new car? Ofcourse not. You will pay me the estimated value of the 7 year old car. Whether I can actually buy a replacement car for that amount is totally irrelevant. It is the same if you damage property in a rented house.

    With a car, similar cars are almost always readily available.

    House insurance also pays replacement cost. Have a 20 year old stereo stolen, and insurance will pay the cost to buy a new stereo.


  • Closed Accounts Posts: 51 ✭✭lendmeyourear


    gillybean wrote: »
    I'm very sorry if I come across as though I don't know what I'm doing but this is the first time I have had a tenant leave where there was a question over the deposit. I don't want to mess her about by deducting more than a reasonable amount for damaged items. Eg the lamp cost 50 euro but I'm not planning on charging her the full amount for it.
    I'm a new user to boards and I have to say there are some lovely people out there but there are a lot of very rude ones!

    Gillybean
    I too am a novice to the boards and am just learning that although one might be earnest in wishing to discuss a problem and open a thread, there are some that just wish to chip in to cause controversy when they have had no experience in dealing with a similar problem and are therefore unhelpful. It is a bit of a puzzlement to me but all a learning process :)
    I think you have got some very good advice here and will be able to steer a fair course. Good luck and sure you might return and let us know how it all panned out.


  • Registered Users, Registered Users 2 Posts: 3,108 ✭✭✭RachaelVO


    Aw gillybean, but not giving back the deposit you are asking for trouble, as I am going to guarantee you that you will have to give it all back plus costs eventually.

    I understand you're peeved at the wear and tear, but you will be told you should have expected that. My children don't draw on wall either, and to be fair I'd have cleaned it off, but you're asking that this woman hold her kids to the same standards you hold yours and you can't. My kids say please and thanks, some of my friends kids don't, hate it but thats how it is, and it's the same in this case.

    Everything else you described will be considered wear and tear for two years.
    I know these are not the answers you wanted to hear, but none the less JoKing has given you EVERY argument you will have from your tenant. It will get extremely messy and you will come out the worst of it!


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  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    RachaelVO wrote: »
    Aw gillybean, but not giving back the deposit you are asking for trouble, as I am going to guarantee you that you will have to give it all back plus costs eventually.

    There is no cost at the adjudication stage in the PRTB other than the cost of witnesses. The Landlord has to justify retaining the deposit and will be forced to prove beyond all reasonable doubt that retaining money was justified.
    If there are photographs did the tenant sign them at the start? Does the tenant agree that items are missing? Does the tenant agree that tems have been damaged beyond all wear and tear? One tactic which is used is to keep the full deposit and when the tenant goes to the PRTB offer to settle the case at a lower sum. Most tenants will agree.


  • Registered Users, Registered Users 2 Posts: 2,518 ✭✭✭OS119


    sorry OP, all of what you describe sounds like fair wear and tear to me.

    writing on the wall isn't, but how it affectes you is - you need to redecorate at the end of each tenancy, so whether the walls are clean or written on is irrelevent to you because you'll be doing it anyway

    personally i'd ask the tenant to replace the lamp with 'a lamp' - they'll get something cheap and cheerful which the next tenant will thank them for - tenants don't like being treated as unpaid curators for expensive/valued furnature that the LL wants kept nice while someone else pays their mortgage.

    renting is a business - the tools used should be appropriate to that business - and fancy bollox seat covers (i have the exact same type myself and hate them) and €50 lamps are not appropriate when you're renting out to young families. if you rented out an AMG Mercedes Benz with leather seats to a plasterer or bricklayer to be used as their work vehicle, and then whinged about the seats being ripped and the whole thing filthy and scratched everyone whould laugh at you.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    OS119 wrote: »
    sorry OP, all of what you describe sounds like fair wear and tear to me.
    Couldn't disagree more. If something broke while the tennant was living there then they should let the landlord know about it.

    Handles missing from kitchen presses and wardrobe - Definitely not wear and tear. Landlord should have been notified.

    Scribbling on walls and doors - not wear and tear

    Kitchen chair cushions - a certain extent of damage could be attributed to wear and tear but it depends on the damage.

    Lamp missing - not wear and tear. Landlord should have been notified.

    A drawer broken - not wear and tear but it might depend on what way it is broken. Landlord should have been notified.

    OS119, the only thing I can see that could be argued as wear and tear are the kitchen seats (but that depends on the type of damage). How is all of the above wear and tear when it is clearly not?


  • Registered Users, Registered Users 2 Posts: 1,785 ✭✭✭Farls


    Do an inspection.
    Notify the tenant of your findings.
    Ask them if they want to fix/replace and get full deposit back or do they want you to fix/replace and deduct your costs from deposit.

    If they were a good tenant (there years and always paid on time) I would forget about all you have mentioned. If they have only been there a short time and/or been late or awkward with rent I would be be awkward back.


  • Registered Users, Registered Users 2 Posts: 2,518 ✭✭✭OS119


    axer wrote: »
    Couldn't disagree more. If something broke while the tennant was living there then they should let the landlord know about it.
    ...

    oh i agree about that, and i'm not suggesting that i'd be wildly happy to find out about this stuff on final inspection/handover - however the LL should accept that 'stuff breaks' as part of normal wear and tear. no one i know has a 20 year old kitchen thats as good as the day it was bought (actually, i don't think i know anyone with a 20 year old kitchen...) and at some point 'degradation' becomes 'stops working' or 'breaks'.

    yes some things have undoubtedly been treated with less care than one might like - but this is renting, nobody treats rented property like they'd treat their own, and LL's need to factor that into their financial calculations in the same way as a car hire firm will factor in the increased maintainence/repair costs that acrue from hirers ranting the fcuk out of hire cars.


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  • Registered Users, Registered Users 2 Posts: 16 Zikiz


    I'm renting the house for 8 years now and my bed broke. Bed that cost 170 at Argos. How should I compensate or 8 years its enough to ask landlord for a new bed and a mattress? Its there any general rule on how to calculate wear and tear of house, kitchen appliances?


  • Registered Users, Registered Users 2 Posts: 274 ✭✭pejay


    If your house came as furnished and the bed was there, after 8 years i think you should be able to ask Landlord for a new bed,

    Me personally i would buy my own bed at least i know where it came from, and that i would be comfortable in it, most Landlords/lady will buy a cheap bed as it only for the rented accomadation,within 6 months to a year the springs will poke through.
    When i go to view a house if they beds are already there i tell them i will provide my own beds, but that depends on your financial situation.:)


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    I would say that after 8 years its fair enough to expect the landlord to replace a broken bed, provided its not very obvious that the bed has been broken through misuse (having kids using it as a trampolene for example). Id say the matress has also come near the end of its life so its not unreasonable to expect the landlord to replace it if needs be.

    Wrt to original quesion in this thread; the landlord is only entitled to deduct from the deposit the cost of repairing the accomodation and nothing more. This is not an approximate figure; you go get quotes to have the repairs done (you cannot deduct money for repairs which you carry out yourself afaik) and you provide the tenant with reciepts for the amount which you are deducting. You can only take what you can provide reciepts for.

    I would also have no problem deducting the cost of painting the accomodation from the deposit. Under normal circumstances a few marks on the walls are just normal wear and tear and if the landlord wants to repaint the place then its their own business, but I dont see how someone allowing their kid to draw all over the walls and doors falls under normal wear and tear, and if it was me I would be insisting that they pay to have the damage put right.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    gillybean wrote: »
    Hi there
    My tenant is moving out and I went to see the house yesterday and it is not in good repair.
    Did you do any mid term inspections?
    Did you advise her what should be cleaned and repaired?
    Do you have an entry inventory, either attached to the lease (as an annex or Schedule to the lease), or a separate document, stating every item (preferable room by room) and it's condition - all furniture, fittings, appliances, floors and floor coverings, walls and even ceilings, windows, doors, garden, etc? Again, it is preferable to have lots of photos (date stamped) or a video of the property and its interior.
    Was the entry inventory signed by the tenant to show acceptance of the inventory?
    If you have no entry inventory signed by the tenant, basically you cannot claim for any damage as you have no proof as to the existence, condition or number of the items included in the house when the lease started.
    Her children have scribbled on the walls and doors in 3 rooms and the landing.
    Writing on the wall is not normal wear and tear. However, children in a property will drastically increase the normal wear and tear. But if there is no entry inventory, the tenant can claim that the writing was there before she moved in.
    The kitchen chair cushions are in a very bad state. They are material and attached to the chairs.
    Probably normal wear and tear (possibly also depending on the quality of the chairs - cheaper chairs will suffer more wear than more expensive ones - you get what you pay for. Were they on the inventory showing number and condition?
    There are handles missing from the kitchen presses and a wardrobe.
    Probably not normal wear and tear but again depends on the quality of the fittings, and how long they have been in use. Was the condition of the presses on the inventory?
    There is a lamp missing.
    Is it on the entry inventory, normally attached to the lease, and signed by the tenant to say that she accepts that it was there. If so, the tenant is liable for the cost, but only its second-hand cost - you are not allowed to have embellishment or gain in replacing an item. You cannot claim new for old. Every item has a life span (or depreciation value).
    A drawer is broken in a chest of drawers.
    Probably not normal wear and tear but again depends on the quality of the fittings, and how long they have been in use - how old was the chest of drawers? Was the condition of the item on the inventory?
    Roughly how much should I deduct from the total deposit of 1000?
    If you have no entry inventory you should not deduct one cent - your fault for not completing an entry inventory.

    However, if any item was new or redecorated immediately prior to the tenant moving in, and you have receipts to prove it - then you could probably deduct something for repairs and redecoration.

    Few tenants will look after a property as a house owner would. Hence, you get minor things like broken handles on kitchen presses, knobs coming off drawers etc.. This, you have to calculate into your rental price.


  • Registered Users, Registered Users 2 Posts: 274 ✭✭pejay


    I have been renting houses for 6 years now and i would never allow my children to scribble on walls,however my friends children scribbled on my daughters wall, i repainted it myself at my own cost, as the walls were perfect when i moved in,

    If the house i were renting was rented as furnished i ask the landlord to remove furniture that he does not want damaged, as i cant guarentee that it would not get broken, (my children 3 of them teenagers have friends in the house) i would rather not have it there in the first place and have the worry of it being broken and having to find replacement before i move out.

    I always take photos of the house when i move in and store them with the date so i have proof of the condition of the house, anything that i feel may get broke that belongs to landlord i store in the loft or shed until i move out, and then i put it back in its place when i move.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    RachaelVO wrote: »
    Aw gillybean, but not giving back the deposit you are asking for trouble, as I am going to guarantee you that you will have to give it all back plus costs eventually.

    I understand you're peeved at the wear and tear, but you will be told you should have expected that. My children don't draw on wall either, and to be fair I'd have cleaned it off, but you're asking that this woman hold her kids to the same standards you hold yours and you can't. My kids say please and thanks, some of my friends kids don't, hate it but thats how it is, and it's the same in this case.

    Everything else you described will be considered wear and tear for two years.
    I know these are not the answers you wanted to hear, but none the less JoKing has given you EVERY argument you will have from your tenant. It will get extremely messy and you will come out the worst of it!

    I can't see how this post could be more wrong.

    OP: Withold the entire deposit. Pay to have the dwelling brought back to the standard you rented it out at. Keep all invoices. If there is anything left over, give it to the tenant.

    Anyone who thinks that kids writing on walls is normal wear and tear must live downwind of a cannabis plantation.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Pkiernan wrote: »
    I can't see how this post could be more wrong.

    OP: Withold the entire deposit. Pay to have the dwelling brought back to the standard you rented it out at. Keep all invoices. If there is anything left over, give it to the tenant.

    Anyone who thinks that kids writing on walls is normal wear and tear must live downwind of a cannabis plantation.

    If the tenant made a claim with the PRTB, the landlord will lose if he/she does not have an entry inventory stating clearly the condition of the property at the start of the tenancy. Receipts/invoices to prove the property was decorated/professionally cleaned immediately prior to the tenant taking up occupancy or possibly a witness that can testify to the its condition might also prove the condition to the adjudicator's satisfaction. The PRTB will side with the tenant if there is any doubt because the landlord is supposed to be a professional at his business, knowing all the requirements in case there is a dispute - the tenant is not a professional in renting.


  • Registered Users, Registered Users 2 Posts: 1,430 ✭✭✭quietsailor


    OS119 wrote: »
    oh i agree about that, and i'm not suggesting that i'd be wildly happy to find out about this stuff on final inspection/handover - however the LL should accept that 'stuff breaks' as part of normal wear and tear. no one i know has a 20 year old kitchen thats as good as the day it was bought (actually, i don't think i know anyone with a 20 year old kitchen...) and at some point 'degradation' becomes 'stops working' or 'breaks'.

    yes some things have undoubtedly been treated with less care than one might like - but this is renting, nobody treats rented property like they'd treat their own, and LL's need to factor that into their financial calculations in the same way as a car hire firm will factor in the increased maintainence/repair costs that acrue from hirers ranting the fcuk out of hire cars.

    Hate to pull you up on this bud but I was up home the weekend before last and was talking to my mother when a friend who manafacturers and installs kitchens called over to see me. he was angling for work and asked Mom would she consider changing the kitchen - her answer was "It was good enough for the last 20 years it doesn't need changing now" Its in perfect condition because she minded it -
    never washed the doors or counter in bleach,
    never cut food on the countertop; only on a chopping board.
    didn't allow us to be rough with it

    Mom wouldn't be the kind of person who puts plastic over chairs either to "keep them like new" - she believes furniture is there to be used not looked at. If she can keep that kitchen for 22 yrs (house was built in 1990) then why can't other people - answer they don't care.

    And "I don't care becasue I'm only renting" DOES NOT EQUAL fair wear and tear


  • Registered Users, Registered Users 2 Posts: 1,430 ✭✭✭quietsailor


    odds_on wrote: »
    If the tenant made a claim with the PRTB, the landlord will lose if he/she does not have an entry inventory stating clearly the condition of the property at the start of the tenancy. Receipts/invoices to prove the property was decorated/professionally cleaned immediately prior to the tenant taking up occupancy or possibly a witness that can testify to the its condition might also prove the condition to the adjudicator's satisfaction. The PRTB will side with the tenant if there is any doubt because the landlord is supposed to be a professional at his business, knowing all the requirements in case there is a dispute - the tenant is not a professional in renting.

    Why did you put in the sentence in bold - I've never heard of that before. If the landlord has photos of the walls, floors and fittings/furniture in good condition and the tenant signs the photos then thats the standard set. Previous receipts mean nothing.


  • Closed Accounts Posts: 1,525 ✭✭✭miller50841


    Pkiernan wrote: »
    I can't see how this post could be more wrong.

    OP: Withold the entire deposit. Pay to have the dwelling brought back to the standard you rented it out at. Keep all invoices. If there is anything left over, give it to the tenant.

    Anyone who thinks that kids writing on walls is normal wear and tear must live downwind of a cannabis plantation.

    :cool:Think you all need to cop on all kids will do this they go through fases they dont understand its wrong yes I believe the tenant should have done something about it but I know well most kids if not all will do something like that or heaven forbid they may spill a drink oh no the end of the world sure lets wrap them up in straight jackets so they dont do any wrong. This is how kids learn...

    Sounds like a few yuppy people on this. And original poster fair play for asking an honest question.


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