Landlord keeping deposit

1moreyr

Landlord was in yesterday to check the property before handing over the keys next tues and she informed me she was keeping the deposit because during my tenancy I had 'broken' the washing machine and fridge. When I moved in all of the appliances had wear and tear and one by one they have been going. Same with the apartment next door which she owns. Now she is saying that the washing machine broke because a bead was in the filter and I had broken the hinge of the icebox in the fridge.

At no stage did she say that it was my fault or ask me to contribute towards the cost or give me the option of fixing it. This happened over 2 years ago. I told her this was illegal to retain the deposit but she just doesn't care. Is the PRTB my only option?

I am a RAS tenant and we have no where to go next week, the council haven't found us alternative accommodation and despite looking actively for over 3 months I cannot find anywhere. It's a terrible scheme and landlords are reluctant to sign up to it hence impending homelessness next week. My landlady knows that we (myself and my 7 yr old daughter) have no where to go so keeping my deposit is a real kick in the teeth. I know we will get it back but just one more headache we could do without.

godtabh

Was there a bead in the washing machine? Did you break the fridge door? If you did the landlord is entitled to fix/repair as appropriate. They dont have to give you the option of repair it for them.

Depending on the brand/type of washing machine it could be €500 to replace

1moreyr

godtabh wrote: »

Was there a bead in the washing machine? Did you break the fridge door? If you did the landlord is entitled to fix/repair as appropriate. They dont have to give you the option of repair it for them.

Depending on the brand/type of washing machine it could be €500 to replace

I don't know if there was a bead in the washing machine because this is the first I am hearing about it over 2 years later. I don't believe I broke either and if I had she should have informed me when it happened and we could have discussed it.

godtabh

has she provided you with a receipt?

1moreyr

godtabh wrote: »

has she provided you with a receipt?

No and when I asked for this she said I wouldn't get my deposit and that was the end of the matter

1moreyr

I should have said that she has not been the most honest landlady - she tried to get me to pay the property tax and our relationship has deteriorated because I know my rights. She failed to do maintenance - service the gas boiler etc and I had to go through the council to get her to do this so she is not pleased with me.

handlemaster

Would the OP think of moving to other parts of the country where accommodation is available for social welfare tenants. Some counties have lots of stock available

January

Prtb. Get onto them tomorrow.

January

handlemaster wrote: »

Would the OP think of moving to other parts of the country where accommodation is available for social welfare tenants. Some counties have lots of stock available

Which counties? Honestly, have been scouring daft and myhome for weeks and any property, whether within RS limits for the area or not are stating no rent allowance.

handlemaster

January wrote: »

Which counties? Honestly, have been scouring daft and myhome for weeks and any property, whether within RS limits for the area or not are stating no rent allowance.

Heres two

http://www.daft.ie/longford/houses-to-rent/?s[area_type]=on&s[advanced]=1


http://www.daft.ie/roscommon/houses-to-rent/?s[area_type]=on&s[advanced]=1

varuka

Try Threshold.ie They may be helpful.

January

handlemaster wrote: »

Heres two

http://www.daft.ie/longford/houses-to-rent/?s[area_type]=on&s[advanced]=1


http://www.daft.ie/roscommon/houses-to-rent/?s[area_type]=on&s[advanced]=1

Neither of those like links bring you to an ad. Just a general search page.

handlemaster

January wrote: »

Neither of those like links bring you to an ad. Just a general search page.

Copy and paste whole link. Roscommon and Longford. Call first four pages of ads and tell me no one will take rent allowance. In fact call all the search results for Roscommon and Longford. I just find it impossible to believe No one will except rent allowance

Dr_Bill

While I understand the Landlord is entitled to keep the deposit in some cases and I won't refer to your situation.

I think it is long over due that a deposit protection scheme for Tenants and Landlords should be introduced in this country without delay to protect both parties interests.

The PRTB would be well positioned to manage and adjudicate in such circumstances as it is already an independent body. Under no circumstances should the deposit be held by the Landlord.

Good luck with your dispute!

handlemaster

Dr_Bill ..please clarify "under no circumstance.."

The_Morrigan

Dr_Bill wrote: »

While I understand the Landlord is entitled to keep the deposit in some cases and I won't refer to your situation.

I think it is long over due that a deposit protection scheme for Tenants and Landlords should be introduced in this country without delay to protect both parties interests.

The PRTB would be well positioned to manage and adjudicate in such circumstances as it is already an independent body. Under no circumstances should the deposit be held by the Landlord.

Good luck with your dispute!

handlemaster wrote: »

Dr_Bill ..please clarify "under no circumstance.."

Folks, please don't go off on a tangent - if you want to discuss the merits of an independent escrow service for deposits, start your own thread.

Thanks

foggy_lad

godtabh wrote: »

Was there a bead in the washing machine? Did you break the fridge door? If you did the landlord is entitled to fix/repair as appropriate. They dont have to give you the option of repair it for them.

Depending on the brand/type of washing machine it could be €500 to replace

Where there are children in a house then items are going to get into the washing and a "bead" is not going to break any normally working washing machine! The truth about this awful landlady is that her washing machine and fridge were well worn out when the op moved in and instead of replacing them under normal wear and tear conditions as any normal honest person would this "piece of work" is trying to make a tenant pay for repairs she herself is liable for!

1moreyr wrote: »

I should have said that she has not been the most honest landlady - she tried to get me to pay the property tax and our relationship has deteriorated because I know my rights. She failed to do maintenance - service the gas boiler etc and I had to go through the council to get her to do this so she is not pleased with me.

What an awful cheat and a miserable excuse of a landlady. Have you told the Council about her? keep onto the council and tell them you want back on the housing list at your previous placing now as they have failed in their obligation under the RAS scheme to house you.

1moreyr

handlemaster wrote: »

Would the OP think of moving to other parts of the country where accommodation is available for social welfare tenants. Some counties have lots of stock available

Moving is not an option. My daughter is settled in school and my family lives in the area. I am working and completing my masters. Where I live there is available accommodation (I am willing to commute within 20km) but landlords are very reluctant to sign up to RAS.

1moreyr

foggy_lad wrote: »

What an awful cheat and a miserable excuse of a landlady. Have you told the Council about her? keep onto the council and tell them you want back on the housing list at your previous placing now as they have failed in their obligation under the RAS scheme to house you.

I am on the housing list and know that the council has statutory responsiblility to house me as part of the RAS scheme. I have met with my local TD to get questions put to the Dail.

I have spoken to the Council on numerous occasions about the landlady - her trying to get me to pay the property tax, not servicing the boiler or cleaning the chimney which is in the contract. I have tried to get out of the lease because she replaced our cooker with a dirty, rusty, very old cooker that set off the fire alarms and tripped the fuses and I thought this was a fire hazard. The council told me I was 1 in 1000 clients and they couldn't do anything. Our lax regulations allow this (Residential Tenancies Act) - once a cooker works, rings and cooker, then it is fine.

I am looking up PRTB disputes now

handlemaster

1moreyr wrote: »

I am on the housing list and know that the council has statutory responsiblility to house me as part of the RAS scheme. I have met with my local TD to get questions put to the Dail.

I have spoken to the Council on numerous occasions about the landlady - her trying to get me to pay the property tax, not servicing the boiler or cleaning the chimney which is in the contract. I have tried to get out of the lease because she replaced our cooker with a dirty, rusty, very old cooker that set off the fire alarms and tripped the fuses and I thought this was a fire hazard. The council told me I was 1 in 1000 clients and they couldn't do anything. Our lax regulations allow this (Residential Tenancies Act) - once a cooker works, rings and cooker, then it is fine.

I am looking up PRTB disputes now

Make sure you disclose all these issues to your new prospective landlords.

Clearlier

1moreyr wrote: »

Landlord was in yesterday to check the property before handing over the keys next tues and she informed me she was keeping the deposit because during my tenancy I had 'broken' the washing machine and fridge. When I moved in all of the appliances had wear and tear and one by one they have been going. Same with the apartment next door which she owns. Now she is saying that the washing machine broke because a bead was in the filter and I had broken the hinge of the icebox in the fridge.

At no stage did she say that it was my fault or ask me to contribute towards the cost or give me the option of fixing it. This happened over 2 years ago. I told her this was illegal to retain the deposit but she just doesn't care. Is the PRTB my only option?

I am a RAS tenant and we have no where to go next week, the council haven't found us alternative accommodation and despite looking actively for over 3 months I cannot find anywhere. It's a terrible scheme and landlords are reluctant to sign up to it hence impending homelessness next week. My landlady knows that we (myself and my 7 yr old daughter) have no where to go so keeping my deposit is a real kick in the teeth. I know we will get it back but just one more headache we could do without.

This might be worth a look. This section in particular might be relevant given what I have highlighted above.

The claim will have to be reasonable: the PRTB Adjudicator or Tribunal is unlikely to award the price of a brand new sofa when the one damaged was a number of years old and had seen considerable use.

It might also be worth (if you have the time) reading up on some of the cases that have been through the PRTB already.

1moreyr

[It might also be worth (if you have the time) reading up on some of the cases that have been through the PRTB already.[/QUOTE]

Have already looked up website and saw the wear and tear but will look up cases now. I have just composed a letter to my landlady asking for receipts for original appliances and replacement items so we can go ahead to PRTB. As she has already refused this have put it in writing and registering the letter

1moreyr

handlemaster wrote: »

Make sure you disclose all these issues to your new prospective landlords.

Why disclose to prospective landlords?

Stheno

1moreyr wrote: »

Why disclose to prospective landlords?

Most lol for references from former landlords

1moreyr

Stheno wrote: »

Most lol for references from former landlords

I have plenty of other references but I was just wondering why the previous poster thought I should disclose as even though I have done nothing wrong, telling a new landlord about a dispute will not look good for me.

Before this happened I had asked her for a reference and even though my rent, bills etc have always been paid on time she said there was no point as references weren't worth the paper they are written on. While I have been here I have painted most of the house, replaced all the plastic curtain rails with wooden poles and always notified her of problems (leak in roof, rats out the back from next door neighbours leaving out rubbish so it could be sorted promptly) so all in all I think I have been a great tenant. Just not a quiet, pay the landlords property tax kind of tenant.

the_syco

handlemaster wrote: »

I just find it impossible to believe No one will except rent allowance

I'm pretty sure you're no longer allowed to say you won't accept RA, so even if they say they'll "accept" it, as per new law, they'll still say no as they don't like your shoes/references/the shadow you cast/etc, if they assume you'll be paying with RA. The new law will just waste the time of those on RA, as no-one is allowed to say they don't accept RA.

1moreyr wrote: »

I was just wondering why the previous poster thought I should disclose

There are four reasons for moving;
LL is selling the place
Tenant is a bleep, and LL is booting them out
LL is a bleep
You're moving to a nicer house

Reason 1 usually gets a reference. Reason 2 is presumed if you have no reference. Telling them Reason 3 explains lack of reference. Reason 4 usually gets a reference.

Explaining the stuff breaking down left/right/centre will help prove Reason 3, and your LL may have a rep for being an arse (most people who are bleeps in work, are usually bleeps in other factors of life, and get a rep for being a bit of a bleep).

Victor

1moreyr wrote: »

Now she is saying that ... I had broken the hinge of the icebox in the fridge.

Rented properties are mean to have proper freezers since 2009. http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html I'm not sure she can really make a complaint.

In any case, the hinges on iceboxes are prone to breaking.

aunt aggie

Sorry to hear about your predicament OP. Hope it works out but I need to have a rant cause this attitude just wrecks my head

handlemaster wrote: »

Copy and paste whole link. Roscommon and Longford. Call first four pages of ads and tell me no one will take rent allowance. In fact call all the search results for Roscommon and Longford. I just find it impossible to believe No one will except rent allowance

Just because someone is on rent allowance doesn't mean they should be forced to move to Longford or Roscommon.

People have lives and the OP has a child who needs a stable environment. This means support of family, friends and local school. You cant really expect a single parent or couple to move their child to a different part of the country because the social housing system in this country is a joke.

El_Duderino 09

handlemaster wrote: »

Copy and paste whole link. Roscommon and Longford. Call first four pages of ads and tell me no one will take rent allowance. In fact call all the search results for Roscommon and Longford. I just find it impossible to believe No one will except rent allowance

And that would help get the OP's deposit back?

If the LL wanted to have their freezer door back to the way it was, they would have tried to have the part replaced. If they wanted a new fridge freezer at OP's expense they would buy another one and try to keep the deposit.

For all the OP knows, the LL simply switched the fridge from another apartment and replaced the freezer door. Then charge the OP for a new fridge. Either she provides a reciept or it didn't happen.

handlemaster

aunt aggie wrote: »

Sorry to hear about your predicament OP. Hope it works out but I need to have a rant cause this attitude just wrecks my head



Just because someone is on rent allowance doesn't mean they should be forced to move to Longford or Roscommon.

People have lives and the OP has a child who needs a stable environment. This means support of family, friends and local school. You cant really expect a single parent or couple to move their child to a different part of the country because the social housing system in this country is a joke.

If they pay for their own housing they can live whereever they want. If they want other people to pay their housing rent its a fair ask. There are schools outside of citys. As regards friends family etc so what , he who pays calls the tune

1moreyr

handlemaster wrote: »

If they pay for their own housing they can live whereever they want. If they want other people to pay their housing rent its a fair ask. There are schools outside of citys. As regards friends family etc so what , he who pays calls the tune

As a social policy this would make no sense whatsoever. You are advocating an authoritarian policy, denying people their rights as citizens. We live in a democracy, supposedly, although that is debatable as the government does not listen to the people.

If you banished people to certain counties, sounds very Stalinesque, what would happen is that poverty and inequality would be more concentrated, damaging society as a whole. Have you every heard of Richard Wilkinson, The Spirit Level. Watch it on Ted.

Would you have me banished to Longford or Roscommon which you mentioned? Leave work and college (finished masters in 2 months) and destroying any chance of a better future for myself and my daughter? Maybe be unemployed due to a lack of opportunities in that area and increasing dependency on the state. I am on RAS but this is a temporary situation. I have always worked and paid my taxes and hopefully my investment in education will result in me paying even higher taxes.

There are thousands of people receiving some form of state help through no fault of their own, unemployed for the first time ever and actively seeking work, those on low incomes who get some assistance (FIS for example), Carers and people on disability etc. Do you advocate banishing all these people?