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Question about rental property

  • 24-09-2011 02:08PM
    #1
    later12
    Closed Accounts Posts: 11,299 ✭✭✭✭


    Joe is ending his tenancy of a premises and his mate Tom is interested in renting it. When the issue is discussed between Joe, Tom, and the landlord of the premises, it is agreed that the landlord will keep Joe's old deposit, and Tom will pay Joe the deposit in instalments. This happens without any issue. However, the landlord never inspects the property prior to its change of tenancy, or at any period.

    One year later, Tom's lease of the premises expires, and the landlord refuses to re-imburse him the deposit (originally Joe's deposit) because of some damage. Not only is Tom of the opinion that the landlord is grossly overstating the extent of the damage, but in fact insists that the damage was caused during a previous tenancy, and the previous tenant, Joe, insists that this has always been a problem.

    If this case reaches the courts, and as long as the main points are not contested by any party to the case (re: deposit, landlord failure to inspect premises), then I presume this should be an open and shut case against the landlord?


Comments

  • #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    It has to go to the PRTB first, not the courts.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,652 ✭✭✭✭Victor


    Is this residential or commercial property?

    What does the lease say?


  • #4
    later12
    Closed Accounts Posts: 11,299 ✭✭✭✭later12


    This relates to a commercial property, not a private residential tenancy, so has nothing to do with the PRTB.

    @Victor, pretty standard lease, which doesn't really make allowances for this sort of situation, and has sort of 'assumed' that the landlord has inspected the property prior to letting, although this has not occured.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,652 ✭✭✭✭Victor


    I had a situation about 15 years ago, when inspecting a building that was being taken back from a tenant, I noticed that the concrete floor in one corner had a distinct slope (~200mm over 3-4m). In theory, the tenant was responsible (via contract) for fixing it, even though the floor was built 50+ years before the tenant went near it. However, it may have been inequitable to force the point.

    I don't recollecct the outcome.


  • #6
    Swash
    Closed Accounts Posts: 15 ✭Swash


    Definitely get onto the PRTB and check out your rights as a tenant. Might be an idea to consider legal advice also.


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