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Deposit Abuse

  • 09-02-2011 10:10am
    #1
    Closed Accounts Posts: 1


    We have recently moved out of a house that we have been renting for four and a half years. After spending last weekend scrubbing up, we were more than a little bit annoyed to discover yesterday that the rental management agency is deducting €500 from our deposit.

    This is to cover the cost of carpet cleaning, couch cleaning and general house cleaning. This is startling, the house was left in an excellent condition other than the stains in the White carpet, surely to be expected after a life of five years. And stains to the couch and armchair, also white.

    Unfortunately there is a section in the lease that states "The property and content should be professionally cleaned at the expense of the tenant on vacating the premises"

    I know that a contract is a contract but the problem i have is that throughout the time we spent in that house, there has been numerous changes to the people actually renting there. In effect there were five seperate leasings, with a new contract signed each time. Two of us have been there from the start however, and the agreement was that we originally paid the 2k deposit which naturally the landlord would retain, when subsuquently people moved out their deposit was paid in full by their replacement.
    Surely it was the duty of the landlord to come out and inspect the property before each new lease was signed to deduct a reasonable ammount if needed be and then starting again with a new 2k deposit?

    I'm so angry about this,she is charging us €192.95 to have general cleaners to come out, when asked to jusify this she said well the oven was not clean, it was very clean, but the racks admittedly looked a bit out of whack, which we can replace quite easily, and again consideration needs to be given to the time involved.

    We have paid almost 100k off this landlords mortgage, and have been perfect tenants, to turn this on us now, really seems a bit low....

    Any advice would be appreciated....


Comments

  • Registered Users, Registered Users 2 Posts: 143 ✭✭Snazzy_Chazzy


    tom_thumbs wrote: »
    We have recently moved out of a house that we have been renting for four and a half years. After spending last weekend scrubbing up, we were more than a little bit annoyed to discover yesterday that the rental management agency is deducting €500 from our deposit.

    This is to cover the cost of carpet cleaning, couch cleaning and general house cleaning. This is startling, the house was left in an excellent condition other than the stains in the White carpet, surely to be expected after a life of five years. And stains to the couch and armchair, also white.

    Unfortunately there is a section in the lease that states "The property and content should be professionally cleaned at the expense of the tenant on vacating the premises"

    I know that a contract is a contract but the problem i have is that throughout the time we spent in that house, there has been numerous changes to the people actually renting there. In effect there were five seperate leasings, with a new contract signed each time. Two of us have been there from the start however, and the agreement was that we originally paid the 2k deposit which naturally the landlord would retain, when subsuquently people moved out their deposit was paid in full by their replacement.
    Surely it was the duty of the landlord to come out and inspect the property before each new lease was signed to deduct a reasonable ammount if needed be and then starting again with a new 2k deposit?

    I'm so angry about this,she is charging us €192.95 to have general cleaners to come out, when asked to jusify this she said well the oven was not clean, it was very clean, but the racks admittedly looked a bit out of whack, which we can replace quite easily, and again consideration needs to be given to the time involved.

    We have paid almost 100k off this landlords mortgage, and have been perfect tenants, to turn this on us now, really seems a bit low....

    Any advice would be appreciated....


    Lousy my mate was moving out af an apartment and the last week he was there he began the clean up operation. I mean the place was sparkling. No word of a lie. He is quite a responsible quiet chap. Move out day comes the place was immaculate. Call from land lord to say he was with holding 100 euro. He went to the place to meet the LL to see what was going on. The LL opens the oven grill (WHICH HE HAD NEVER USED) and sticks his finger and shows him black grease... Bit low i thought. The gas thing was he offered to clean it there and then but the LL said no ill have to get the whole place done who knows what else is hiding here (100 squid cleaning bill):mad:


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


    tom_thumbs wrote: »
    We have recently moved out of a house that we have been renting for four and a half years. After spending last weekend scrubbing up, we were more than a little bit annoyed to discover yesterday that the rental management agency is deducting €500 from our deposit.

    This is to cover the cost of carpet cleaning, couch cleaning and general house cleaning. This is startling, the house was left in an excellent condition other than the stains in the White carpet, surely to be expected after a life of five years. And stains to the couch and armchair, also white.

    Unfortunately there is a section in the lease that states "The property and content should be professionally cleaned at the expense of the tenant on vacating the premises"

    I know that a contract is a contract but the problem i have is that throughout the time we spent in that house, there has been numerous changes to the people actually renting there. In effect there were five seperate leasings, with a new contract signed each time. Two of us have been there from the start however, and the agreement was that we originally paid the 2k deposit which naturally the landlord would retain, when subsuquently people moved out their deposit was paid in full by their replacement.
    Surely it was the duty of the landlord to come out and inspect the property before each new lease was signed to deduct a reasonable ammount if needed be and then starting again with a new 2k deposit?

    I'm so angry about this,she is charging us €192.95 to have general cleaners to come out, when asked to jusify this she said well the oven was not clean, it was very clean, but the racks admittedly looked a bit out of whack, which we can replace quite easily, and again consideration needs to be given to the time involved.

    We have paid almost 100k off this landlords mortgage, and have been perfect tenants, to turn this on us now, really seems a bit low....

    Any advice would be appreciated....

    If it's €192.95 for the cleaners, why are they deducting €500? I don't understand.


  • Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    The practie of taking a slice of the deposit when tenants leave is nothing new and most renters will of come across this at some time or another. It's a really dirty and underhand practice which as you say often has no basis in fact whatsoever.

    I rented one place in the UK and when I left it was spotless, (both myself and my partner are feirce cleaners and I have a dust allergy which means it's not an option.) There was a list as long as your arm as to the dirt and grime they had identified. Many items were pieces of delph that we packed away (individually wrapped) on day one and had never used. They even listed 'dusty walls' as a reason to get cleaners in at significant charge. I argued till I was black and blue in the face against this and evetually got all but the smallest amount of the deposit back.

    On the second property there was a seperate company brought in to produce a report on the condition of everything before and after the rental period. We happened to be there when the woman was starting using a dictaphone to make verbal notes. She spend a lot of time at the front door before entering. Needless to say it was a very long report. (1/3 of a page of A4 just on the front door!)

    Again, as expected even though everything was in perfect condition it had all miraculously become dirty and worn after 6 months which required expensive cleaning and deposit deduction. I'm sure when the new tenants moved in the 'first' report was produced for them and the wear and tear reset until they moved out. I had learned by then and produced my own report which I sent to the agency on the current state of the property and took photo's which I included. Got the full deposit back.

    It's a real scam and needs to be clamped down on. It's considered so normal that they dont even think they are doing something wrong.


  • Registered Users, Registered Users 2 Posts: 2,131 ✭✭✭RentDayBlues


    They cant just keep your deposit without proof of what they are keeping it for. You need to ask for receipts to proof the amount they are keeping and any hassle you go to the PRTB


  • Registered Users, Registered Users 2 Posts: 18 gillybean


    I'm a landlord and posted a question yesterday about how much I can deduct for some damage to my house and even I think that your LL has been extreme with a deduction of 500. check with the PRTB but I think I have to give my tenants the option to sort the issues before I deduct any amount. A sofa cleaning from Chemdry is in or around 250. And even then I wouldn't charge the full amount as some will come down to wear and tear. Maybe half. I would call the PRTB if I were you.


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


    The deposit can only be retained for:

    a) damage beyond normal wear and tear (stains on a white carpet after five years = normal wear and tear, it's a white carpet ffs)

    b) unpaid rent or bills


    First get them to agree that there is no damage to the apartment (in writing, email is fine)

    Then tell them that according to the PRTB cleaning is not a justified reason to withhold any part of the deposit and that you expect the 500 euro returned by cheque within 7 days.


  • Registered Users, Registered Users 2 Posts: 37 snausbaby


    We have been renting 4 and half years and there is minor damage to "whitewash" wall paint (i.e it comes off when cleaning!!) from furniture against the walls, and also the sofa cushions have collapsed but were pretty bad to start with you just couldn't tell until you sat on them!

    We are planning to move out this year but I have found out the tenancy is not registered with the PRTB. Are agencies different

    We signed a lease for first year then just extended year on year but with no additional paperwork - do we have any recourse if the agency/LL get difficult over the deposit?


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


    snausbaby wrote: »
    We have been renting 4 and half years and there is minor damage to "whitewash" wall paint (i.e it comes off when cleaning!!) from furniture against the walls, and also the sofa cushions have collapsed but were pretty bad to start with you just couldn't tell until you sat on them!

    We are planning to move out this year but I have found out the tenancy is not registered with the PRTB. Are agencies different

    We signed a lease for first year then just extended year on year but with no additional paperwork - do we have any recourse if the agency/LL get difficult over the deposit?

    If you were renting for 4 & a half years and they had that awful water based paint up on the walls they probably should have repainted it halfway through your tenancy, nevermind now.

    It's normal wear and tear. If they try and retain any of the deposit for cleaning/repainting, refer them to the rules I quoted above.

    If they get difficult you can threaten to take them to the PRTB - just because they're not registered does not affect your rights.


  • Registered Users, Registered Users 2 Posts: 3,663 ✭✭✭JoeyJJ


    I agree with normal wear and tare however I have a question. The landyladies washing machine packed up a couple of months after we moved it and it put water out on the floor a couple of times before she replaced. However the floor (elminated probably) peeled a bit. We will probably move out later this year and I don't expect this to affect my deposit, is this a fair assumption?


  • Registered Users, Registered Users 2 Posts: 18 gillybean


    JoeyJJ wrote: »
    I agree with normal wear and tare however I have a question. The landyladies washing machine packed up a couple of months after we moved it and it put water out on the floor a couple of times before she replaced. However the floor (elminated probably) peeled a bit. We will probably move out later this year and I don't expect this to affect my deposit, is this a fair assumption?

    Before you give notice ask for a mid lease inspection. If she doesn't mention it point it out and have it put in writing on the inspection report that it occured as a result of her faulty machine.


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


    JoeyJJ wrote: »
    I agree with normal wear and tare however I have a question. The landyladies washing machine packed up a couple of months after we moved it and it put water out on the floor a couple of times before she replaced. However the floor (elminated probably) peeled a bit. We will probably move out later this year and I don't expect this to affect my deposit, is this a fair assumption?

    Yes, please get her to include on the inventory that the damage to the floor was done by the machine to cover you later when you do eventually move out.


  • Registered Users, Registered Users 2 Posts: 3,663 ✭✭✭JoeyJJ


    Cheers, will be there 3 years or more when we move out so hoping it doesn't become a problem as I like to think i'm a good tennant.


  • Registered Users, Registered Users 2 Posts: 111 ✭✭shotgun mike


    sorry to resurrect thread but does anyone know what normal wear and tear is? ie. wallpaper ripped slightly through removal of posters, small things etc?


  • Registered Users, Registered Users 2 Posts: 2,033 ✭✭✭who_ru


    i know some people withhold their last months rent in anticipation of the LL making some excuse for retaining the deposit. cal it a pre-emptive strike.


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


    who_ru wrote: »
    i know some people withhold their last months rent in anticipation of the LL making some excuse for retaining the deposit. cal it a pre-emptive strike.

    It means you intend to do a runner if theres any damage. Nice.


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


    sorry to resurrect thread but does anyone know what normal wear and tear is? ie. wallpaper ripped slightly through removal of posters, small things etc?

    It would depend on how bad it is, and how long you are there. If you leaving after 3 or 6 months I'd say thats noot normal. If its after 2 or 3 yrs then that would be normal. Of course it depends. I've seen houses where the tenants have damaged the plaster underneath. Which wouldn't be normal. Or you move furniture and theres a hole in the wall behind.


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


    Of course its not right to keep a deposit for no reason, but a lot of landlords do it. Which is why if it was held by a neutral 3rd party it would be better than the current system with both sides trying do the other, or not get caught by the other.


  • Registered Users, Registered Users 2 Posts: 2,033 ✭✭✭who_ru


    agree - but is it ever going to happen?


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


    I wouldn't hold your breath. PRTB is a disaster.


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