Who is the onus of proof on?

MariMel

I have a couple of quick questions regarding leaving a tenancy.

If for example a lamp was broken during the course of the tenancy (a standard lamp of which the lampshade was barely attached anyway), is the tenant responsible for replacing it and can it be taken from a deposit?

There was no inventory given even though the house was full of pictures/ornaments/pots/pans/tableware/cutlery etc.
I understand the tenant should have asked for a detailed one....but since this wasnt done....at this stage.....who is the onus of proof on regarding whether something was damaged before the tenant moved in....or during the tenancy???
The landlord to prove the tenant damaged it...or the tenant to try and prove it was already damaged when they moved in?

Also....when pets have been permitted by the landlord.....would any wear or tear associated with keeping dogs in a house be considered normal or above acceptable wear and tear?
(I dont mean things shredded or holes chewed etc....i mean small grooves on living room windowsill from the dogs nails....also the LL has seen the dog at the window every time the rent is collected and never commented)

On a completely separate issue.......Can a landlord turn up at a previous tenants families doorstep demanding financial compensation should they feel the tenant should pay for said lamp/windowsill repair?
(I ask that since previously the landlord did such a thing when the rent was late, even though the reason the rent was late was due to the landlord not sending the the rent allowance monthly form on time and it was not the tenants fault the RA had been stopped temporarily....the LL asked around to find out where the tenants family lived and turned up demanding they pay balance there and then)
Is that permitted? Isnt the tenancy between the LL and the individual and therefore family members should not be approached?
If a LL should not do that then is there something that can be said to make the LL aware that this is not permitted?
In this case the deposit with permission of the LL has been used as the last months rent and the landlord has approx €50 extra paid in rent so this is all the tenant is ok with not getting that back.
The tenant in this situation is also intent on making the house as clean and tidy as they can possibly make it before vacating the premises.

Any input/advice greatly appreciated.

djimi

Its up to the landlord to have an inventory/take lots of pictures of what was in the place the day you moved in and what sort of state they were in. You should have done the same. In the case of something like a broken lamp it would be very hard for him to prove that it wasnt broken when you moved in, unless he had an inventory (written or pictorial) to back up his claim.

Cant answer about the pets, althought I suspect if your pet caused excess damage you will be liable for repairs.

Im sure the landlord can turn up on the families door but they would be well within their right to tell him where to go and warn him that another visit will lead to them calling the police to report harassment. There are official channels which should be followed in the event of any financial dispute.

MariMel

The is no other damage to the property by the dog other than the grooves in the windowsill. A cushion lost a battle one day when the key broke in the lock and the dog was on their own longer than before. But that cushion was replaced. There are no chew marks on anything or holes in furniture/bedding.

I suppose I know what is classed as normal wear and tear for humans in a property, but I'm wondering what classes as normal wear and tear with regards to the approved pet which the LL approved could be kept on site. The only condition of the dog being kept was that noone complained about barking.....which was never an issue with my dog who much preferred sleeping to barking. The LL knew the dog was a large breed kept indoors.

With regards to the LL turning up at family members doors, I would be interested to find out if a tenancy would be classed the same as with other consumer situations......that the contract is between the provider and the consumer and the provider cant contact the consumers family members with regards to requesting payments from them.
I suppose I just want to know that I can inform the LL that if they have any issue after I leave which they feel I am responsible for, that they contact me and not my ageing parents.

Incidentally from the time I handed my notice in and gotten the response from my landlord acknowledging my notice.....I have heard not a peep....nadda....not with regards to meeting me to get keys from me or even to make place available for viewings. The only thing I was told at the time was to make sure the place was left the way I found it or they would be following it up. I cant unfortunately leave the place the way I found it since I repaired a faulty front door which was unusable. (had to use back door for first few weeks)

odds_on

I would go along with djimi that if there is no detailed entry inventory then the landlord cannot prove that the tenant cause the damage.

As regards the dog damage on the window sill - that is it - damage, not normal wear and tear, even if the landlord gave permission for you to have a dog on the premises.

Harassment of family or friends is not permitted - however, IMHO, the landlord could go once to enquire of your present whereabouts, if known. Whether he gets an answer or not is another question.

Incidentally from the time I handed my notice in and gotten the response from my landlord acknowledging my notice .....

Consider yourself very lucky that the landlord accepted your notice if you have a fixed term lease agreement, he could hold you to the contract and pursue for the rent to the end of the contract. A Part 4 lease lets you vacate following the correct notice period.

However, be very careful as he may retain your deposit for breaking the lease which he would be entitled to do. He may have accepted your early termination of the lease and not mentioned that in this case he can keep your deposit.

I cant unfortunately leave the place the way I found it since I repaired a faulty front door which was unusable. (had to use back door for first few weeks)

Did you advise the landlord (preferable in writing and you have retained a copy) of the problem of the door? Failure to do so may make you liable.

MariMel

odds_on wrote: »

As regards the dog damage on the window sill - that is it - damage, not normal wear and tear, even if the landlord gave permission for you to have a dog on the premises.

Harassment of family or friends is not permitted - however, IMHO, the landlord could go once to enquire of your present whereabouts, if known. Whether he gets an answer or not is another question.

Consider yourself very lucky that the landlord accepted your notice if you have a fixed term lease agreement, he could hold you to the contract and pursue for the rent to the end of the contract. A Part 4 lease lets you vacate following the correct notice period.

However, be very careful as he may retain your deposit for breaking the lease which he would be entitled to do. He may have accepted your early termination of the lease and not mentioned that in this case he can keep your deposit.

Did you advise the landlord (preferable in writing and you have retained a copy) of the problem of the door? Failure to do so may make you liable.

Would you believe I never got a final lease because they wanted to include clause about having a dog there. I didnt enquire after it either probably because I was thinking about moving from my second month here. Turning up on my parents doorstep was the final straw, given that it was their own fault, not mine which lead to the rent being short that month.
I gave the equivalent to the required notice for a part 4 lease and this was accepted by the LL. The LL also accepted the deposit in lieu of the last months rent. I asked if i could do that and it was accepted by them. They could have refused.

The front door was unusable for the previous tenants too and even when it was pointed out to the LL their claim was that it was the warm weather (when I moved in) and that it would be ok during the winter. So the fact the door actually works now all year round is an addition not something for me to be liable for. And the LL was informed, even had someone down to look at the door, who also agreed it was the warm day that mean it wouldnt open!!!!!! Turned out when I got it looked at that one of the catches wasnt releasing....not that it was so warm that it was expanding in the door frame!

I fully intend to supply them with my new address so they would have no reason to contact my family. I just dont want to have my family harassed should the LL insist for example i pay for a replacement lamp, which I know was faulty before I moved in.

the_syco

MariMel wrote: »

the rent was late, even though the reason the rent was late was due to the landlord not sending the the rent allowance monthly form on time and it was not the tenants fault the RA had been stopped temporarily...

The LL runs a business, not a charity. You owe rent: you pay the rent. The RA may help pay him the rent, but that is not the concern of the LL.

MariMel

the_syco wrote: »

The LL runs a business, not a charity. You owe rent: you pay the rent. The RA may help pay him the rent, but that is not the concern of the LL.

That is every concern of the landlord....as a business he should be aware of what his requirements are when renting to someone who is on rent allowance. One of those requirements being that the landlord signs a form every month stating that the rent has been paid in total and on time. Should he have the form in his possession and not submit it, then he is not completing his obligations . Should it have been the tenant who did not submit the form I could understand but in this instance the LL had the form, on which is it clearly stated that it must be returned on time, then it was he who was at fault, not the tenant.

Blackjack

MariMel wrote: »

That is every concern of the landlord....as a business he should be aware of what his requirements are when renting to someone who is on rent allowance. One of those requirements being that the landlord signs a form every month stating that the rent has been paid in total and on time. Should he have the form in his possession and not submit it, then he is not completing his obligations . Should it have been the tenant who did not submit the form I could understand but in this instance the LL had the form, on which is it clearly stated that it must be returned on time, then it was he who was at fault, not the tenant.

You're absolutely right. However, you may also have touched on one of the significant reasons as to why every landlord doesnt want to accept Rent allowance, as, well they don't get paid if they don't fill out forms they don't need to actually fill out if they don't accept rent allowance.
Amongst others.

For another thread, perhaps.