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unreasonable charges by landlord?

  • 29-04-2011 10:23am
    #1
    Registered Users, Registered Users 2 Posts: 22


    Hi,

    Just have a question regarding our new lease. It has a list of 'special conditions', among which are-

    if one the tenants replaces him/herself during the lease period they have to pay a charge of 200E
    > is this legal? I mean, if one of the original tenants remains, the lease isn't actually broken, nor is new registration with PRTB required so this looks a bit like a money scam to me.

    a penalty charge for blutac stains on the walls (i.e for using blutac) when moving out of 75 per wall section/panel
    > again is this legal? are blutac stains not considered fair wair and tear?

    Any advice would be appreciated!


Comments

  • Closed Accounts Posts: 5,207 ✭✭✭meditraitor


    msminni wrote: »
    Hi,

    Just have a question regarding our new lease. It has a list of 'special conditions', among which are-

    if one the tenants replaces him/herself during the lease period they have to pay a charge of 200E
    > is this legal? I mean, if one of the original tenants remains, the lease isn't actually broken, nor is new registration with PRTB required so this looks a bit like a money scam to me.

    a penalty charge for blutac stains on the walls (i.e for using blutac) when moving out of 75 per wall section/panel
    > again is this legal? are blutac stains not considered fair wair and tear?

    Any advice would be appreciated!

    All perfectly legal, I wouldnt sign that lease though.......


  • Registered Users, Registered Users 2 Posts: 22 msminni


    re meditraitor -
    well that would mean losing our holding deposit as the LL did not mention special conditions when we handed the holding deposit over, but did mention that it was strictly non-refundable if we changed our minds.

    However, if he forbids blutac (which i never use anyway - I use white tac as it doesn't stain) he obviously has to provide an alternative for putting up pictures, etc as its only reasonable to expect that any tenant would want to put up his/her own things. I normally use tack to avoid having to put a nail in the wall (which causes more damage). I think I'll confront him on this and ask him about an alternative method that is ok with him. That way there'll be no surprises afterwards. I'll also mention he should, when the time comes, give us the option of redressing any such 'damage' (wear and tear really) ourselves before applying any charges to our deposit. Does that sound fair?


  • Closed Accounts Posts: 5,207 ✭✭✭meditraitor


    msminni wrote: »
    re meditraitor -
    well that would mean losing our holding deposit as the LL did not mention special conditions when we handed the holding deposit over, but did mention that it was strictly non-refundable if we changed our minds.However, if he forbids blutac (which i never use anyway - I use white tac as it doesn't stain) he obviously has to provide an alternative for putting up pictures, etc as its only reasonable to expect that any tenant would want to put up his/her own things. I normally use tack to avoid having to put a nail in the wall (which causes more damage). I think I'll confront him on this and ask him about an alternative method that is ok with him. That way there'll be no surprises afterwards. I'll also mention he should, when the time comes, give us the option of redressing any such 'damage' (wear and tear really) ourselves before applying any charges to our deposit. Does that sound fair?

    That however is illegal......I am nearly sure that the landlord has to show you a copy of the lease (and other details/costs like parking) before he can ask for a holding deposit........


    Your approach seems far but from you description of some of the leasing descriptions the landlord is a cnut and you will have nothing but trouble with them


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


    msminni wrote: »
    re meditraitor -
    he obviously has to provide an alternative for putting up pictures, etc as its only reasonable to expect that any tenant would want to put up his/her own things.

    no he obviously doesnt. if he doesnt want something hung up he doesnt have to allow it. if you decide to put something up weather it be blue tack. nails, screws glue whatever and it leaves marks then he is entitled to remedy the finish to the wall and charge you for the pleasure unless you have got written permission in advance of doing so.


    as for the charge for putting somebody new on the lese thats reasonable if you consider he may have to pay a solicitor to remedy the lease as a result of the change.


  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    That however is illegal......I am nearly sure that the landlord has to show you a copy of the lease (and other details/costs like parking) before he can ask for a holding deposit........


    Your approach seems far but from you description of some of the leasing descriptions the landlord is a cnut and you will have nothing but trouble with them

    Actually I don't think that is illegal as it is a holding deposit and stated as such with the non-refundable clause. Although it would need to be written down for it to have legal standing.

    AS stated you are not entitled to have some method to put pictures up if it causes any damage. White tac is not magical and does leave marks.

    A landlord who spells out everything is actually probably better than most as you know exactly where you stand and get no surprises.


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