Returning Tenants Deposit

MUFC17

Just looking for a bit of advice, we had our apartment rented out for the last year. We have moved back into it recently. The previous tenants damaged tiles in both bathrooms by putting shelves up. They took the shelves with them when they left and now we are left with numerous holes in our tiles. They said they put the shelves up. We said that they should've asked us. We tole them while we were living here we didn't put shelves up as we didn't want to damage the tiles. Also they took my curtain rail and curtains (I have a photo for the outside of the apartment which was taken 6 weeks ago and you can see the curtains). There are lots of other items missing but didn't have an inventory so not chasing for them as there is no point! We have told them we are withholding some of the deposit to fix the damaged tiles and for the curtain rail & curtains. They are insisting on the full deposit back! Just wondering do we have a leg to stand on & will we be able to keep some of the deposit or are we fighting a losing battle??
Thanks in advance!

shruikan2553

The tiles and curtains anyway. You will just need to provide receipts for everything and your own time cant be claimed from the deposit.

MUFC17

Thanks. That's all I'm looking for, don't care about other stuff. I am waiting for estimate for tiles but don't receipt for curtains or rail!

Thoie

MUFC17 wrote: »

Thanks. That's all I'm looking for, don't care about other stuff. I am waiting for estimate for tiles but don't receipt for curtains or rail!

I'd imagine receipt for new equivalents would suffice, provided you get something similar to what was there. You can't replace them with solid gold curtain poles and charge the tenants

MUFC17

Ha thanks, just want to replace with similar to what was there!!!

Del2005

MUFC17 wrote: »

Ha thanks, just want to replace with similar to what was there!!!

Get the curtains and poles installed and get receipt. Same for tiles, get a tiler in. No harm in getting it professionally cleaned if they have done that much damage.

Once you've receipts for the work then you can use these against the deposit, hiring enough professionals will reduce the amount you have to give back to €0. As said don't do any work yourself as that can't be claimed for. People like that need to learn.

No Pants

Take photos of the damage done or anything that needs cleaning. Along with the receipts, they could be useful later.

Who steals shower curtains and rails?

MUFC17

Thanks everyone, am working on getting estimates & receipts. The thing that's annoying me the most is their whole attitude towards it. Even though they admitted to damaging tiles they are still wanting full deposit back! Just want an end to it!
Oh and it was my sitting room curtains & rail that they took!
Thanks again appreciate advice!

No Pants

MUFC17 wrote: »

Oh and it was my sitting room curtains & rail that they took!

Sorry, my mistake. I'm still baffled though.

Some folks may think the deposit is to cover rent arrears or something like that, not the state of the property. Regardless, stick to your guns. It looks fairly clear to me and the PRTB should see it the same way if it goes that far.

Eldarion

This is exactly what a deposit is meant for. That being said there's no reason to "teach them a lesson" like some posters are suggesting. Keep this very professional and above board. Take photos of the tiles then get a tiler in to fix the tiles, get a receipt. Get a new curtain and rail fitted and get a receipt. Deduct the exact totals from the deposit and return the rest to the tenant.

Take all emotion or perceived slights out of the equation. This is business.

Santa Cruz

MUFC17 wrote: »

Just looking for a bit of advice, we had our apartment rented out for the last year. We have moved back into it recently. The previous tenants damaged tiles in both bathrooms by putting shelves up. They took the shelves with them when they left and now we are left with numerous holes in our tiles. They said they put the shelves up. We said that they should've asked us. We tole them while we were living here we didn't put shelves up as we didn't want to damage the tiles. Also they took my curtain rail and curtains (I have a photo for the outside of the apartment which was taken 6 weeks ago and you can see the curtains). There are lots of other items missing but didn't have an inventory so not chasing for them as there is no point! We have told them we are withholding some of the deposit to fix the damaged tiles and for the curtain rail & curtains. They are insisting on the full deposit back! Just wondering do we have a leg to stand on & will we be able to keep some of the deposit or are we fighting a losing battle??
Thanks in advance!

You are entitled to retain enough of the deposit that will allow you return the property to the standard it was on letting. The cost of replacement of rail and curtains, repair of the tiles should be taken from the deposit. If you employ someone to do repairs that cost should be taken as well. The tenant is not entitled to see receipts for these costs but if the matter went to PRTB you would need receipts to prove your costs.
If the tenants continue to demand full return tell them no and they can make a case to the PRTB

MUFC17

I'm not going to teach them a lesson or keep extra money. As I said I just want the curtains & rail replaced & my tiles repaired. There were others bits & pieces taken but not looking for them! I was just making sure I had a case as they are adamant they are entitled to all the deposit back!
Thanks.

Viper_JB

Santa Cruz wrote: »

You are entitled to retain enough of the deposit that will allow you return the property to the standard it was on letting. The cost of replacement of rail and curtains, repair of the tiles should be taken from the deposit. If you employ someone to do repairs that cost should be taken as well. The tenant is not entitled to see receipts for these costs but if the matter went to PRTB you would need receipts to prove your costs.
If the tenants continue to demand full return tell them no and they can make a case to the PRTB

I'm pretty sure the tenants are entitled to a copy of the receipts, legally the money held for a deposit is still owned by the tenant, so if you're taking money out of that you need to give them the receipt for their money which was spent, at no point does the landlord "own" the deposit. In this case though OP just get the repairs done, give them a copy of receipt and their change from deposit...if they want to bring it to the PRTB they can but they wouldn't have a leg to stand on if you do things by the book.

Santa Cruz

Viper_JB wrote: »

I'm pretty sure the tenants are entitled to a copy of the receipts, legally the money held for a deposit is still owned by the tenant, so if you're taking money out of that you need to give them the receipt for their money which was spent, at no point does the landlord "own" the deposit. In this case though OP just get the repairs done, give them a copy of receipt and their change from deposit...if they want to bring it to the PRTB they can but they wouldn't have a leg to stand on if you do things by the book.

Pretty sure is not good enough. The only time that anyone is entitled to the receipts is the PRTB when adjudicating on a case of non return of deposit or part thereof.
Otherwise the tenant can start a "I know someone who would do it cheaper line"
The PRTB exists to make decisions on cases of deposit dispute.

foggy_lad

Del2005 wrote: »

Once you've receipts for the work then you can use these against the deposit, hiring enough professionals will reduce the amount you have to give back to €0. As said don't do any work yourself as that can't be claimed for. People like that need to learn.

Ignore this OP as it could end up being very costly if the tenant disputes the cost and the PRTB deems it unreasonable.

Santa Cruz wrote: »

You are entitled to retain enough of the deposit that will allow you return the property to the standard it was on letting. The cost of replacement of rail and curtains, repair of the tiles should be taken from the deposit. If you employ someone to do repairs that cost should be taken as well. The tenant is not entitled to see receipts for these costs but if the matter went to PRTB you would need receipts to prove your costs.
If the tenants continue to demand full return tell them no and they can make a case to the PRTB

You must take normal wear and tear into account so the property should not be returned to the standard it was when it was let!

Also refusing to show receipts will in many cases spur tenants on to taking their case to the PRTB who might see things more their way than in favour of the Landlord when the case is put before them.

Viper_JB

Santa Cruz wrote: »

Pretty sure is not good enough. The only time that anyone is entitled to the receipts is the PRTB when adjudicating on a case of non return of deposit or part thereof.
Otherwise the tenant can start a "I know someone who would do it cheaper line"
The PRTB exists to make decisions on cases of deposit dispute.

Found this on Irishlandlord forum so not too sure how official it is but....

If the landlord retains a deposit, the tenant must be provided with a written and itemised explanation of the reasons why. It is important to keep receipts for repairs to damages or items replaced. These will be required if the tenant complains to the PRTB.

Doesn't specifically say a receipt, but I would provide a copy of it, they may not be entitled to the physical receipt but they are entitled to a itemised break down of how their deposit was spent, so regardless you may get the "I know someone who would do it cheaper" line...

goz83

A copy of receipts would suffice. Keep the originals yourself OP. Oh, and I know someone who can do it cheaper