Wear & tear allowance after 5.5yrs rental

dubdeb

Hi,

Have just moved out of rented accommodation after 5.5yrs, the apartment in question wasn't lived in before us but had been available for about a year - 6.5yrs therefore since it had as much a coat of paint.

We cleaned the place down, scrubbed cupboards, etc. and have now been told by the letting agent that we are to pay the cost of having the carpets professionally cleaned, that it's our responsibility.

As I said above, in 5.5yrs there was NO maintenance within the apartment. An unsafe shelf fell down and it took 18 months to have the remaining holes filled in and that wall painted, other than that the exteriors were kept fresh but interior walls were long overdue for painting.

Is it reasonable for us to refuse to pay the charge, €108 I'm told it's to be?

There are a team of cleaners in the apartment every week and I know that the place will need to be painted before new people move in so it's most likely going to need a further clean after decoration anyway.

Have phoned PRTB and they were surprised this wasn't just normal wear and tear, we would prefer not to have to go that route if possible.

Any advice welcome.

L1011

After five and a half years, I would be planning to replace my carpets in my own property, let alone a rental. So yeah, its reasonable to challenge/refuse to pay.

StillWaters

Are the carpets stained?

Newaglish

Does it mention it in the lease? I know my current lease says something about getting the place professionally cleaned when I move out.

liberty 2007

I'm a landlord and I would be delighted to have a tenant for 5.5 years and no maintenance!!
It's wholly unreasonable for the landlord to do this. It may be the letting agent chancing their arm.
If you don't get your full deposit back, take it up with the PRTB or simply threaten to, that might be enough.

Victor

I'm it is simple dirt and the occasional water stain, that is wear and tear. I would even expect it to be a little grimy perhaps around the entrance door, but only if it is an external one. An individual wine stain or similar wouldn't be unexpected after 5.5. years. Cigarette burns, tears, etc. would be more than wear and tear, but do I have it right that there is no suggestion of this?

Senna

Victor wrote: »

Cigarette burns, tears, etc. would be more than wear and tear, but do I have it right that there is no suggestion of this?

A carpet cleaning would not help with burns and tears anyway.
OP I would contact the LL or letting agent, tell them you are in contact with the PRTB and you find the charge unacceptable after a 5.5yr let. That idle threat might be enough for them to back down.

Lyn256

That sounds like they are chancing their arms.
My LL has said that he redecorates completely (carpets and painting/wallpapering) every 2-4 years depending on the tenants - he does it himself and he doesn;t use expensive materials (think we have the thinnest cheapest carpet ever) but at least we moved into a freshly decorated house. We're here just over 2 years and plan to move in next six months and I'd say he'll have to wallpaper some of the rooms (damp spots) but the carpet would prob do another year or so after a cleaning.

After being a hassle free tenant for 5.5 years-that just sounds greedy and grabbing!

StillWaters

Lyn256 wrote: »

After being a hassle free tenant for 5.5 years-that just sounds greedy and grabbing!

It might be greedy and moneygrabbing (and it is) but the issue is is it illegal?

I think the LL is within his rights to ask for it to be cleaned, and I don't think you would win a PRTB appeal. Thats just IMHO.

djimi

The real problem is that the legal defintion is vague. Normal wear and tear makes sense in terms of common sense, but when you try to define it legally its a pretty vague term. After 5 and a half years the landlord should be cleaning the place at their own expense; that is just my opinion (provided of course that no excessive damage has been caused). Im not aware of anything in law that explicitly states the property must be cleaned to a professional level at the tenants expense prior to them moving out.

dubdeb

Hi, thanks so much for all of the responses.

There is no damage to carpets, no stain and no burns - just the imprint of where furniture stood which is slightly darker around the edges of legs for example and brighter where carpet was covered by a locker or chest of drawers, nothing unusual at all.

The place needs to be painted at least before somebody moves in and I'd assume that it'll be cleaned again once that takes place also, everything else was cleaned thoroughly.

Cannot find our original contract signed in 2007 but don't recall a note re professional cleaning (I always read the small print), can't be certain though so will need to request a copy from letting agent.

We did call the PRTB with a general query and they said that reasonable wear and tear should be allowed for after such a lengthy period but without the specifics they couldn't confirm, it's an option though we will follow in the new year as letting agent failed to return calls since Thursday and now on hols for Christmas.

Incidentally, have since found out we aren't first to be hit with the charge and aren't the only ones who found the maintenance shoddy. Person we spoke to though had a lot going on personally when they moved so let it go but felt it unjust and didn't recall it being in their contract either.

Will be following it up and update on how we get on. Thanks again for all of the advice.

gaius c

Also be wise to letting agents trying to tack on charges without the knowledge of the landlord.
We had a dispute with the agent who said that the landlord had inspected and wanted the place professionally cleaned with their people lined up to do it for €200.
Turned out that not alone had the landlord said no such thing, he hadn't actually inspected the place as they claimed.