Deposit query - is this fair?

leakyboots · 16-08-2011 9:11am #1

Waiting to get our deposit back from the house, it's been two weeks. The reason for the delay is we left our keys back into the house and neither the rental company nor the landlord had keys to get into it?? Is this fair?

I received the following:

In order to gain access to the property the landlord had to instruct a locksmith to drill out the lock.

The landlord has instructed me to return your deposit minus €100 for the cost these.

Paulw · 16-08-2011 9:15am

Why didn't you give them the keys, have the property inspected and get your deposit back at the same time?

From what you've said, yeah, sounds fair, unless you were instructed to leave the keys inside.

leakyboots · 16-08-2011 9:16am

They called before we moved out, about 3 days beforehand, walked around and said they'd call back after we left for another inspection. There was no mention of wanting us there.

We tidied the place, left the keys back in the letterbox.

McTigs · 16-08-2011 9:19am

leakyboots wrote: »

said they'd call back after we left for another inspection. There was no mention of wanting us there.

How can they do an inspection in your absence? Why would you let them?

Offy · 16-08-2011 9:20am

leakyboots wrote: »

Waiting to get our deposit back from the house, it's been two weeks. The reason for the delay is we left our keys back into the house and neither the rental company nor the landlord had keys to get into it?? Is this fair?

I received the following:

In order to gain access to the property the landlord had to instruct a locksmith to drill out the lock.

The landlord has instructed me to return your deposit minus €100 for the cost these.

Why didnt you give the keys to the landlord? If he didnt turn up when he was supposed to then Id view it as his bill, if you didnt arrange to meet him and just left then Id say its your bill.

leakyboots · 16-08-2011 9:25am

McTigs wrote: »

How can they do an inspection in your absence? Why would you let them?

The one we were there for was a pre-inspection I guess. They were very happy with the house (it was spotless) and just said they'd double check after we were gone.

The inspection isin't the issue here, the house was fine.

Surely, by leaving the keys back in the door, we've "given the keys back"? Is the onus on us as renters, or on the landlord and rental company for not having keys to the house... to pay the locksmith?

leakyboots · 16-08-2011 9:26am

Offy wrote: »

Why didnt you give the keys to the landlord? If he didnt turn up when he was supposed to then Id view it as his bill, if you didnt arrange to meet him and just left then Id say its your bill.

Never met the landlord, don't even know his name.

He wanted everything going through the rental company.

Paulw · 16-08-2011 9:43am

leakyboots wrote: »

Surely, by leaving the keys back in the door, we've "given the keys back"? Is the onus on us as renters, or on the landlord and rental company for not having keys to the house... to pay the locksmith?

No, you abandoned the keys inside the property. There is no onus on the rental company nor landlord to hold a separate set of keys (although it's a little stupid not to have a second set).

But, you didn't give them back the keys. You should have dropped the keys in to their office, or met them at the property to hand over the keys.

If you dropped the keys back in the door and the property was then broken in to and damaged ... because you hadn't handed back the keys, you would be liable for the damage.

So, the onus is on you to pay for the locksmith, since you hadn't handed back the keys.

tevion · 16-08-2011 10:03am

Ask for a receipt.
I find it hard to believe that the landlord didnt have a spare set.

leakyboots · 16-08-2011 10:26am

tevion wrote: »

Ask for a receipt.
I find it hard to believe that the landlord didnt have a spare set.

Spoke to Threshold, they said to get a receipt too. Think that's what I'll do.

Another twist, I rang the missus, who reminded me that when we got a plumber in for something in June, HE had a key. I'm guessing the rental agency gave him their key (he said on the phone a week after we moved out that they had mislaid theirs) and never got it back.

And I have an email I sent to the rental agency a couple of days before moving out saying we'll leave the keys on the counter. I got no response back to say otherwise.

not even wrong · 16-08-2011 6:34pm

Paulw wrote: »

So, the onus is on you to pay for the locksmith, since you hadn't handed back the keys.

This is irrelevant. The Residential Tenancies Act 2004 sets out all of the situations in which a landlord can withold the deposit:

if there is unpaid rent
if there is damage to be repaired

Your situation falls into neither of these categories so it is illegal for your landord to retain even a single cent of your deposit.

The OP may or may not owe the landlord money for the locksmith; however the landlord may not take it out of their deposit.

Paulw · 16-08-2011 6:40pm

not even wrong wrote: »

The OP may or may not owe the landlord money for the locksmith; however the landlord may not take it out of their deposit.

Obviously Threshold disagree with you, and they should know best. They advised the OP to get a receipt for the change of locks.

Deposit query - is this fair?

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