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Tenants and deposit?

  • 11-06-2014 9:15pm
    #1
    Registered Users, Registered Users 2 Posts: 733 ✭✭✭


    Hi! Just need some advice. I had my mum's house rented out. Same tenants for six years. I never raised the rent in that time, but when I said I would like to raise it by e100 - there were 4 sharing, they demanded a second bathroom in the house, and complete redecoration of the property inside and out - the property had been repainted 2 years previously. I love the house so I thought me and my family will move as I can't be othered with tenants anymore, and the house suits us as it is much bigger than our own.

    I gave the tenants the correct notice period, and they asked could they break the lease earlier, a few weeks, which I let them do. However, there were a couple of issues in the last few months - basically they never maintained the garden and it cost me e270 in February to have it cleared. Then they made it very difficult for me to gain access to the property - only specifying a Saturday eve at 6 and then cancelling it, or if I was late, e.g. 15 mins late after work, refusing to answer the door, though they were upstairs. Anyway when they moved out the garden was gone quite wild again and I couldn't use my owner mower - I got someone to spend a day on it at the cost of e120.

    The tenants then left loads of rubbish, two full bins, old golf clubs, shoes, suitcases, broken electrical equipment etc. which cost me e100 to have removed.

    Then the three piece suite was almost black, the stairs was very dirty, and the tiles in the bathroom were blackenend where the grout is (I don't know why they just didn't bleach this) - I got someone in to clean the sofa and chairs, carpet and bathroom tiles and it cost me e120 - I have the receipt. I have yet to get the place cleaned which I recognise as my own cost.

    Finally, the tenants removed the gates from the garden. I haven't got a price to have these put back on yet - can't locate someone to do it - hinges for gates were taken off too, and they are not anywhere around the house - I reckon it will cost me around another e100 to fix the gates back on.

    Anyway, I deducted e200 from the tenant's deposit to defray some of the costs that I encountered. Now the tenants are saying they will take me to the PRTB - my question is can tenants get away with leaving rubbish around, not maintaining a garden, removing gates, and leaving some areas of a house excessively dirty?


Comments

  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Take photos of everything that needs to be put right.
    Get everything cleaned/repaired.
    Keep receipts.
    Keep enough of the deposit to cover all work you have receipts for.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Hannaho wrote: »
    Hi! Just need some advice. I had my mum's house rented out. Same tenants for six years. I never raised the rent in that time, but when I said I would like to raise it by e100 - there were 4 sharing, they demanded a second bathroom in the house, and complete redecoration of the property inside and out - the property had been repainted 2 years previously. I love the house so I thought me and my family will move as I can't be othered with tenants anymore, and the house suits us as it is much bigger than our own.

    I gave the tenants the correct notice period, and they asked could they break the lease earlier, a few weeks, which I let them do. However, there were a couple of issues in the last few months - basically they never maintained the garden and it cost me e270 in February to have it cleared. Then they made it very difficult for me to gain access to the property - only specifying a Saturday eve at 6 and then cancelling it, or if I was late, e.g. 15 mins late after work, refusing to answer the door, though they were upstairs. Anyway when they moved out the garden was gone quite wild again and I couldn't use my owner mower - I got someone to spend a day on it at the cost of e120.

    The tenants then left loads of rubbish, two full bins, old golf clubs, shoes, suitcases, broken electrical equipment etc. which cost me e100 to have removed.

    Then the three piece suite was almost black, the stairs was very dirty, and the tiles in the bathroom were blackenend where the grout is (I don't know why they just didn't bleach this) - I got someone in to clean the sofa and chairs, carpet and bathroom tiles and it cost me e120 - I have the receipt. I have yet to get the place cleaned which I recognise as my own cost.

    Finally, the tenants removed the gates from the garden. I haven't got a price to have these put back on yet - can't locate someone to do it - hinges for gates were taken off too, and they are not anywhere around the house - I reckon it will cost me around another e100 to fix the gates back on.

    Anyway, I deducted e200 from the tenant's deposit to defray some of the costs that I encountered. Now the tenants are saying they will take me to the PRTB - my question is can tenants get away with leaving rubbish around, not maintaining a garden, removing gates, and leaving some areas of a house excessively dirty?

    See this thread garden maintenance is the responsibility of the landlord, so that's up to you, and it includes maintaining the entire enterior so that could include the gates?

    They are also entitled to peaceful enjoyment of the property which would cover not being around if you were late to meet them.

    Dunno about the rubbish and dirty house.


  • Banned (with Prison Access) Posts: 890 ✭✭✭CrinkElite


    You had them for six years without any trouble.
    I'd let them have this one.
    It suits you that they're moving and you would have got the place cleaned anyway no?


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    You should take photographs if you intend to defend yourself at the PRTB.

    It is important that you should check the terms of the lease.

    I would be surprised if a lease specified that tenants had to maintain the garden. In any event, you could check.

    You should check to see if there is a clause which obliges the tenants to keep the interior of the house clean and in good order. You should also check to see if there is a clause which obliges the tenants to clean the house prior to giving it back to the Landlord.


  • Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    For €200 you're mad to let this escalate into anything. As pointed out, you're getting them out which is what you wanted, you would have had to have the place cleaned anyway and you should have been looking after the garden all along, how much would you have spent on maintaining the garden over the 6 years? Probably more than €200 I'm guessing.


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  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Stheno wrote: »
    See this thread garden maintenance is the responsibility of the landlord, so that's up to you, and it includes maintaining the entire enterior so that could include the gates?
    Does his maintenance responsibility for those gates include the tenants removing them and stealing the hinges?
    Hannaho wrote: »
    the tenants removed the gates from the garden...hinges for gates were taken off too...


  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    I don't think that you can take cleaning costs out of a deposit.

    The gates on the other hand, well they can't just take the gates off the wall. Thats just theft and criminal damage imo.


  • Banned (with Prison Access) Posts: 890 ✭✭✭CrinkElite


    ^^
    That's if it was even the tenants that took them, how many times has the OP even checked in on them in the last six years?
    It reads like she was happy enough to ignore them so long as the money kept coming.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    CrinkElite wrote: »
    ^^
    That's if it was even the tenants that took them, how many times has the OP even checked in on them in the last six years?
    It reads like she was happy enough to ignore them so long as the money kept coming.
    Did the tenants ever report that there was a problem with the gates? That's a tenant responsibility surely.


  • Registered Users, Registered Users 2 Posts: 733 ✭✭✭Hannaho


    Hi! All,

    Thanks for your advice. I'll take it on board. I didn't charge the tenants for the garden, but am very annoyed that because they didn't let me in to maintain it - I was 5 mins late on 2 occasions and they wouldn't open the door though they were inside at the time - on two occasions in the last 6 months the total for clearing the garden once it had gone wild was e390.

    I charged them for cleaning the sofa, which was so blackened that my daughter would not sit on it, and an armchair. The carpet on the stairs was also filthy as were the tiles in the bathroom - all blackened in between the tiles - which required steam cleaning. I didn't consider this ordinary dirty/cleaning and this cost e120. The letting agent referred to the house as 'grubby' when he emailed me after his inspection. I didn't charge the tenants for cleaning the remainder of the 'grubby' house, which cost e220. I know tenants are not supposed to have a house professionally cleaned when they leave, but I would have thought it should be 'ordinarilly' clean, and not left 'grubby'.

    They also left bins full of rubbish, exercise equipment, old golf clubs, shoes, suitcases, an old greasy George Forman type grill, and other disgarded electrical items. It cost me e100 to get rid of these.

    They also broke a kitchen chair and did not replace it - cost e50.

    I had the tenants six years, and when I asked to raise the rent after six years, even though they were paying well below the market rent, they went into orbit, and demanded that in addition to repainting the whole house, that a second bathroom be installed in the house!


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  • Banned (with Prison Access) Posts: 890 ✭✭✭CrinkElite


    Enjoy your new home. All the best!


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