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Ex-landlord question

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  • 16-06-2014 12:03am
    #1
    Gosha
    Registered Users Posts: 4 ✭


    Hi all. Need a bit of advice. I said goodbye to my Landlord after 4 years last week. Both of us walked around the house to check the condition of the property and Landlord was happy with all. I received my deposit and we left. Few hours later he rang me to tell me about damages that he found in the house and that is expecting me to pay for all the repairs.

    I should mentioned that when we moved in, house needed a good paint, which Landlord refused to do it due to the cost. We painted ourselves. Also any plumbing issue was a problem for him to repair so we had started to pay for repairs ourselves. He was always informed but never bother with returning money for there repair. For bigger jobs in the house we would normally wait up to 6 months to be sorted.
    We always paid on time, we even invested in the garden, which looked bad when we moved in
    House looks better now, then when we moved in 4 years back.

    My question here is, can he legally look for money back after deposit was paid?
    Damages : in my opinion normal wear and tear - cream carpets got little bit darker.
    few marks on wooden floor.

    Thx
    Tagged:


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    #2
    househero
    Registered Users Posts: 1,094 ✭✭✭househero


    Gosha wrote: »
    Hi all. Need a bit of advice. I said goodbye to my Landlord after 4 years last week. Both of us walked around the house to check the condition of the property and Landlord was happy with all. I received my deposit and we left. Few hours later he rang me to tell me about damages that he found in the house and that is expecting me to pay for all the repairs.

    I should mentioned that when we moved in, house needed a good paint, which Landlord refused to do it due to the cost. We painted ourselves. Also any plumbing issue was a problem for him to repair so we had started to pay for repairs ourselves. He was always informed but never bother with returning money for there repair. For bigger jobs in the house we would normally wait up to 6 months to be sorted.
    We always paid on time, we even invested in the garden, which looked bad when we moved in
    House looks better now, then when we moved in 4 years back.

    My question here is, can he legally look for money back after deposit was paid?
    Damages : in my opinion normal wear and tear - cream carpets got little bit darker.
    few marks on wooden floor.

    Thx
    Ignore him. Had the chance, was happy to pay when he was with you. Landlords are chance rs.


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    #3
    3DataModem
    Registered Users Posts: 3,959 ✭✭✭3DataModem


    househero wrote: »
    Ignore him. Had the chance, was happy to pay when he was with you. Landlords are chance rs.

    I don't agree with the second part, but I do agree with the first.


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    #4
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Do you have receipts for any of the work that you did?


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    #5
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    househero wrote: »
    Ignore him. Had the chance, was happy to pay when he was with you. Landlords are chance rs.

    They have to be with some of the tenants out there


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    #6
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    Gosha wrote: »
    Both of us walked around the house to check the condition of the property and Landlord was happy with all. I received my deposit and we left.
    Gosha wrote: »
    Few hours later he rang me to tell me about damages that he found in the house and that is expecting me to pay for all the repairs.
    Convenient that he saw the damage after you have gone. Tell him to go hop.


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    #7
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    I'd politely suggest he's being unreasonable and he can take it up with the PRTB.

    Its a pity you didn't take photos of the place.


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    #8
    murphaph
    Registered Users Posts: 19,018 ✭✭✭✭murphaph


    There's a tenant over on the plumbing and heating forum who put a drill through a mains water pipe and is looking for advice in how to patch it up so the LL doesnt find out about it. Such hidden damage (if the cheap repair which the tenant is looking to do later fails) is due to the LL by the previous tenant. The LL couldn't reasonably be expected to discover such a dodgy repair during an inspection, so it's not fair to say "tge LL had his chance" and leave it at that.


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    #9
    dissed doc
    Closed Accounts Posts: 1,489 ✭✭✭dissed doc


    Gosha wrote: »
    Hi all. Need a bit of advice. I said goodbye to my Landlord after 4 years last week. Both of us walked around the house to check the condition of the property and Landlord was happy with all. I received my deposit and we left. Few hours later he rang me to tell me about damages that he found in the house and that is expecting me to pay for all the repairs.

    I should mentioned that when we moved in, house needed a good paint, which Landlord refused to do it due to the cost. We painted ourselves. Also any plumbing issue was a problem for him to repair so we had started to pay for repairs ourselves. He was always informed but never bother with returning money for there repair. For bigger jobs in the house we would normally wait up to 6 months to be sorted.
    We always paid on time, we even invested in the garden, which looked bad when we moved in
    House looks better now, then when we moved in 4 years back.

    My question here is, can he legally look for money back after deposit was paid?
    Damages : in my opinion normal wear and tear - cream carpets got little bit darker.
    few marks on wooden floor.

    Thx

    I don' think so. A final inspection is just that, a final inspection. It makes sense to have a document signed at the end to confirm both parties are satisfied but (and I may be completely wrong which I am sure will be pointed out to me here!) I think an oral agreement and return of the deposit is as valid as a signed agreement on paper with regard to contracts.

    He was sloppy, maybe there was something amiss, but a final inspection is a final inspection IMO. End of the contract, end of the deal. He is not your friend either so don't feel guilty.

    But, if there was a major thing damaged that was not reasonably discoverable on the inspection (not like broken windows, doors, ripped carpet things that are obvious) I wonder does the landlord of grounds for charging most recent tenant. Or is it completely stopped once the deposit is returned and tenancy is over.


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    #10
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    murphaph wrote: »
    There's a tenant over on the plumbing and heating forum who put a drill through a mains water pipe and is looking for advice in how to patch it up so the LL doesnt find out about it. Such hidden damage (if the cheap repair which the tenant is looking to do later fails) is due to the LL by the previous tenant. The LL couldn't reasonably be expected to discover such a dodgy repair during an inspection, so it's not fair to say "tge LL had his chance" and leave it at that.
    If this is the thread that you're referring to, I'll draw your attention to this:
    david75 wrote: »
    Got the supply turned off at the stop cock in the attic but now need the pipe fixed and somehow without the landlord. Who isn't answering his phone.

    Looks to me like he tried calling his landlord.


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    #11
    murphaph
    Registered Users Posts: 19,018 ✭✭✭✭murphaph


    He's not gonna tell his LL once he gets that fixed, mark my words, but anyway it's not really relevant. The point is, damage can be done by a tenant that could not reasonably be expected to be discovered by a LL during a handover inspection. That doesn't mean the tenant is not responsible or doesn't owe the LL for making good something they damaged during the tenancy.

    Edit: I am not suggesting this is the case with the OP, just that it's not beyond the realms of possibility that a tenant, either knowingly or unknowingly causes damage that is not immediately obvious during a handover inspection.


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    #12
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    murphaph wrote: »
    it's not beyond the realms of possibility that a tenant, either knowingly or unknowingly causes damage that is not immediately obvious during a handover inspection.
    That's fair enough.


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    #13
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    murphaph wrote: »
    There's a tenant over on the plumbing and heating forum who put a drill through a mains water pipe and is looking for advice in how to patch it up so the LL doesnt find out about it. Such hidden damage (if the cheap repair which the tenant is looking to do later fails) is due to the LL by the previous tenant. The LL couldn't reasonably be expected to discover such a dodgy repair during an inspection, so it's not fair to say "tge LL had his chance" and leave it at that.

    If you have a read of that thread the plumbers are suggesting a clamp as a cheap fix - I've used similar at sea and if it isn't done correctly will weep water, that could take a few months for the damp to come through depending on where the water flows. The tenant in that threads sounds like a nice person but not fully up on their DIY and doesn't have the money for a proper repair (new pipe maybe). More than likely a tenant in a similar situation will fix it themselves incorrectly and make a mess of it.

    How can anyone say the LL is not entitled to go after a tenant who repairs that way and says nothing and the botched job is only discovered after the tenant moves out.


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    #14
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Thats fair enough. But perhaps ye could save these entertaining tales of DIY disasters for a thread where its actually happened. Whereas in this thread...
    Gosha wrote: »

    ....after 4 years....

    Damages : in my opinion normal wear and tear - cream carpets got little bit darker.
    few marks on wooden floor.

    Thx

    This being after a walk around inspection after which the deposit was returned...


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    #15
    boldspirit
    Registered Users Posts: 44 ✭boldspirit


    I would send the LL an E-mail outlining all the repairs & improvements you paid for during your tenancy. Explain you feel the "damage" is normal wear and tear. If he still persists point him in the way of the PRTB.

    I don't think ignoring him is the solution.


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    #16
    Gosha
    Registered Users Posts: 4 ✭Gosha


    Thanks to all for your replies.

    I spoke to Threshold yesterday and they told me: "Once Landlord is happy with condition of the house and returns deposit, has no right to claim any money for the repair" If he has any questions about it he can bring the case to PRTB, once tenancy was registered. I check with PRTB and our tenancy was never registered even that it's says in Lease Agreement.

    Stains on the carper are consider as wear and tear in Threshold opinion as I showed them the photos.

    We have images of the house taken. Every single room, every single fixture. All jobs were done in the house by professional... Even that we don't have all receipts, I believe if I ring them and ask for copy their should not be a problem.

    In this case we have nothing to worry about...it's just Landlord texts and calls so frustrating.


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    #17
    boldspirit
    Registered Users Posts: 44 ✭boldspirit


    Gosha wrote: »
    Thanks to all for your replies.

    I spoke to Threshold yesterday and they told me: "Once Landlord is happy with condition of the house and returns deposit, has no right to claim any money for the repair" If he has any questions about it he can bring the case to PRTB, once tenancy was registered. I check with PRTB and our tenancy was never registered even that it's says in Lease Agreement.

    Stains on the carper are consider as wear and tear in Threshold opinion as I showed them the photos.

    We have images of the house taken. Every single room, every single fixture. All jobs were done in the house by professional... Even that we don't have all receipts, I believe if I ring them and ask for copy their should not be a problem.

    In this case we have nothing to worry about...it's just Landlord texts and calls so frustrating.


    That's you're arse covered! just send the LL a link to this thread.


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    #18
    groovyg
    Registered Users Posts: 1,049 ✭✭✭groovyg


    Gosha wrote: »
    Hi all. Need a bit of advice. I said goodbye to my Landlord after 4 years last week. Both of us walked around the house to check the condition of the property and Landlord was happy with all. I received my deposit and we left. Few hours later he rang me to tell me about damages that he found in the house and that is expecting me to pay for all the repairs.

    I wouldn't engage with him OP, when he was looking around the house with you, that was his opportunity to make a claim for damages. If he wishes to claim for damages then he is going to have to go through the PRTB, if he fails to do this and continues to hassle you with txts and calls then maybe go to the guards!


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    #19
    _Kaiser_
    Registered Users Posts: 28,735 ✭✭✭✭_Kaiser_


    Gosha wrote: »
    Thanks to all for your replies.

    I spoke to Threshold yesterday and they told me: "Once Landlord is happy with condition of the house and returns deposit, has no right to claim any money for the repair" If he has any questions about it he can bring the case to PRTB, once tenancy was registered. I check with PRTB and our tenancy was never registered even that it's says in Lease Agreement.

    Stains on the carper are consider as wear and tear in Threshold opinion as I showed them the photos.

    We have images of the house taken. Every single room, every single fixture. All jobs were done in the house by professional... Even that we don't have all receipts, I believe if I ring them and ask for copy their should not be a problem.

    In this case we have nothing to worry about...it's just Landlord texts and calls so frustrating.

    Ignore him from here on out.

    If he's referring to the "damages" being a slightly faded carpet and a few marks on a wooden floor after 4 years of occupancy then he is just another chancer who needs to read up on the term "normal wear and tear"

    If he persists tell him you've gotten advice to this effect but if he wishes he's free to engage with the PRTB


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