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Who responsibile the Inventory check Landlord or Tenant

  • 12-06-2011 3:42pm
    #1
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭


    At the commencement of a lease who is responsible that the inventory check is carried out, the walls of my apartment were really in need of a good painting before I moved in so I dont want to get shafted for the cost of this when I move out


Comments

  • #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    It is the landlord (or his agent) who does the inventory check and it should be attached to the lease. You should also sign it (otherwise it would not be valid) and you can make notes on it if you wish if you disagree with anything. This is the only way the landlord has to prove damage at the end of the tenancy, the difference between the entry inventory and the exit inventory. Obviously, you should be present when the exit inventory is being done - to safeguard yourself.

    A good inventory will also included (dated) photos and each one should also be signed by the tenant.


  • #3
    shadowcomplex
    Closed Accounts Posts: 4,097 ✭✭✭shadowcomplex


    No inventory check was done and I have cc'd myself on every email I have sent to the Landlord and estate agent, however there is kids scribling on one of the the walls which I didnt notice until a fews weeks after I had moved in


  • #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Inform the landlord.
    However, if there was no entry inventory then the landlord has no proof that it was done during your tenancy and therefore he cannot retain any of your deposit for this - or any other damage during the tenancy, unless something was brand new and he has the receipts to prove it.


  • #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Mr.S wrote: »
    I'm like the OP, there was no innovatory list when we moved in. I asked the landlord if there was one, he said no - If i was bothered, I could make one up and send it to him.

    I did mean to but never got around to it, then just forgot about it.

    Now we're trying to get our deposit back and he says theres damage to the carpets and writing on tables, which where infact there before we moved in. Obviously we should have taken a record before, but such is life - we got lazy and didnt.

    So whats the story with my deposit, does the landlord have any right to take money, if though there was no list when we moved in?

    If you make a claim with the PRTB because the landlord is with-holding the deposit (or part of it) you will win because he cannot prove (without an entry inventory and signed by you, unless everything was brand new) that any damage was caused while you were tenants.


  • #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    odds_on wrote: »
    If you make a claim with the PRTB because the landlord is with-holding the deposit (or part of it) you will win because he cannot prove (without an entry inventory and signed by you, unless everything was brand new) that any damage was caused while you were tenants.

    And the tenant can't claim that it wasn't...... Its a classical case of he said, she said......... In instances like this the landlord would normally be required by the PRTB to provide details of the age of the furniture in question (or in the absence of receipts, a guesstimate) and a pro-rata deduction might be made for damage to any furniture under 5 years of age (it would be assumed that any furniture over 5 years of age, has already been economically written down against rental income for tax purposes).

    S.


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