Hysterical Landlord - inspection & deposit retention

alltacht

Hi everyone, looking for some insight and advice here.
Brief background: we are a couple at the end of a one year lease, registered with prtb, its the landlords (a couple) first time renting out a property. They lived in the property for the ten years previous to this.
We gave a months notice before move out day. The landlady, who we never deal with regarding the day to day matters in the house, was the one liasing with me about viewings etc. I was hugely accomodating and she was quite demanding. I was told at 11am that there was a viewing for 6.30 pm that day and the place was to be cleaned and we were not to be home. I told her that I wouldnt be home from work to clean up as we had guests leave the night before and it was a bit messy in the kitchen. She told me that I needed to sort it out because there was no other time she could do it as well as saying that she is allowed to enter the house with notice (i.e even if I disagree) and like a pleb I got a swap at work to go home early and tidy up and leave until they were done.
I had asked her when she could come over for an inspection and she said she would get back to me. This morning, at work, I got a message saying inspection was 6pm. I told her that my partner would be collecting me from work at 6 so it would be 20 past when we got there and that since its still our last day we had a few bits left to take away and just had the fridge to clean still. She insisted that my partner (who is in bits with a stomach flu) was to go out and do all that before 6.20. So again like fools, he went out and sorted it (we were eager to be really flexible and helpful to get our deposit back as she is just a very highly strung person and her husband doesnt seem to deal with the money side of things).
Needless to say the inspection was nothing short of a nightmare. We were basically led around the house and screamed at (literally shouted at for about half an hour) while we desperately tried to make some sense of the situation and plead some reason.
Now we spent ages cleaning the place, to the standard of how it was when we moved in. Nothing broken either and we never had an issues or missed a rent day so we were fairly shocked to be told we were basically filthy maniacs who didn't know that marble floors need to be mopped at least 3 times a week and granite worktops need to be treated specially. We took pics moving in (perhaps not zoomed in on the granite surface) but we did no damage, it looks the same like. There was nothing in the lease about special maintanace and maybe I am a bit stupid but I wasnt aware I needed to treat the floor so well. It was spotless when we left so I cant understand.
She also said that damaged the stove because it had some normal wear and tear (we actually had to use it a lot because the heating broke in winter and it took a few weeks to be fixed as its some special geothermal thing). The stove again was spotless and not a thing wrong with it.
She said that the beige carpets should have been steam cleaned at least once a month and that they were dirty and stained. There were no stains and I vaccuumed thoroughly.
All this time she was roaring at how apalling the situation was and then came the weirdest part.. one of the bedroom windows has always been slightly broken so that air gets in (if its very windy the curtains move etc) so there was some slight mildew on the curtain. She claimed that the mildew had gotten worse (which I would agree with), but that it is up to us to remedy that as its my fault for not tying the curtains in this weird rolling particular way she had and opening the window every day. She said her husband when over to mow the lawn often saw the curtain and window closed so thats what had caused it. I was quite shocked, I was never made aware of this throughout the year. To be honest, I would go off to work sometimes and not open the curtain back - am I not allowed to make that choice in my own home? She was adamant that I was crazy for not knowing this stuff and that I wasn't to dare question her on it.
Basically after going through her escalatingly wacky list, she was after reaching an hysterical state. She told us we were to leave now and she wanted the keys. We said that it was only 7pm and we could tend to a couple of the things on the list over the next few hours and leave the keys there for her. She told us that she would call the guards and that the whole point of her coming over was for us to be done with the place. I was adamant about us legally living there until 12pm and that we had the right to remedy some of the problems she had raised (namely I did an extra job on polishing up the granite worktops and re cleaned the marble floors and the other few bits that my sick partner had overlooked on his visit earlier in the day). Anyway she got really angry and stormed off to the car and said she wasnt coming back and she's not interested and we can deal with her husband. Theres a huge lack of basic communication between her and husband - we are sure they have broken up fairly recently. So I know she is upset etc but this is a professional relationship we are in. Anyway, we did those few things and took our pictures and left the keys. We text her husband politely saying that she had been over and told us not to contact her and we wanted to go through the list she gave us with him. He hasn't replied but generally he just goes with what she says.
I mean basically I get the feeling that she doesn't understand normal wear and tear, what her obligations are as a landlord and expects tenents to live in her house the way she would live in it. I'm glad to be out of there, it never felt like home.
Im really sorry about how long this is, but I'm essentially looking for opinions on what I should expect to have reasonably deducted from our deposit? Is it my duty to pay for steam cleaning carpets when they are clean besides normal use? I mean she was even talking about throwing out the couch because of a few crumbs on it. I get the feeling (knowing their situation and background info) that the deposit has been spent, and a lot of this is just an orchestra to throw us off the case or something.
Anyway, we are experiencing some financial pressure these few months and are staying with inlaws, so the money for a deposit on a new place is really important to us.
Thanks for reading, appreciate any thoughts.

The_Conductor

I'm really sorry to read your story.
It almost sounds as though the lady in question may be experiencing some manner of a mental breakdown.
Its quite common for people who let out their home (rather than a property they bought with the intention of letting out) to have unreasonable and unusual attachments to the property.

All you can really do is detail your interactions with the lady (and her husband) as fully as possible. Have a copy of your lease and if possible as much documentary evidence concerning how you cared for the property while you were resident in it. If there were any instructions (in the lease or otherwise) regarding unusual requests for care of the property- I would make sure I complied with them.

It probably is a good idea to only communicate with the husband on this- if his wife is going to go psycho on you.

I would send the husband a letter, a brief letter- you don't need to go into details. I would outline that you have 'fully complied with your obligations as dictated by the 2004 Residential Tenancies Act, alongside all provisions as outlined in the lease'. 'It is my entitlement as tenant to receive my deposit back in full, save any reasonable deductions for damage over and above normal wear and tear'.

I would advise that you are giving the husband 5 working days (i.e. a week) to respond, returning the deposit. In the absence of a satisfactory response- I would advise that you intend to lodge a case with the PRTB for unfair retention or unreasonable purloining of the deposit.

The burden of proof is on the landlord to prove that any deductions are fair or reasonable. If you patently believe them not to be- I would argue this (it would be great if you had photographs etc to prove this- however, you probably don't). The landlord is not allowed to make any deductions for any work they themselves put into cleaning the property behind you, but they are allowed to charge any professional cleaning in full (providing it was justified).

It really sounds like you're going to the PRTB on this one- however, I would give the more sane of the pair, the husband, a reasonable opportunity to make good on this first.

Also, for the record, screaming at you in your own home- is classified as common assault, and is completely unacceptable behaviour. Further- you were under no obligation whatsoever to accommodate viewings etc in the manner in which you did. You bent over backwards to accommodate the landlord. To get treated in this abusive and shoddy manner is completely and utterly unacceptable.

Write a letter officially to the hubby first- giving specific dates for return of the deposit. I'd suggest registering the letter. After the elapse of this date- lodge a case with the PRTB. Try to ensure the hubby gets the letter and not the wife under any circumstances- from the brief description you've given, she comes across as completely unhinged.

Teyla Emmagan

All I can say is that she sounds utterly mental. If the house was so precious to her she should never have let it out. Steam cleaning the carpets once a month? Rolling curtains? And a special way to clean marble floors? It's hardly Buckingham palace you've been renting. It sounds like you've been very reasonable and that she doesn't know what normal wear and tear is, regardless of how fancy her fittings might be. More knowledgeable people on here will tell you what your rights are, but I have to say I would fight her tooth and nail for every penny if she tries to keep your deposit from you for any of this. nonsense.

Nekarsulm

Where did you leave the keys?
In the house and locked door behind you?

Hopefully you can get the keys, because without them you are in a weak situation.

Can you get the husband on the phone number you have for him?

You need to meet with him face to face and explain the situation, and request your deposit back. Hope you have the original contract and receipts etc.

Duckjob

Unfortunately, and I'm sure you recognize this now, but the worst thing you can do with people who act like bullies is to be flexible with them. The more they get away with their bad behavior the worse they get.

Best way to deal with people like that is just to push back calmly but firmly asserting your rights. I would say trying to appeal to her better nature is a lost cause, so be prepare so to go the PRTB route for your deposit. If it were me I would send her a letter by registered post detailing all the issues as you have done. Best way to deal with people being unprofessional is to keep it ultra professional with them.

You could also detail her inappropriate behavior to you in your own home and state that a result you will only be dealing with her in writing from now on and also mention that you are forwarding a copy of the letter to your local Garda Station. This might give her a bit of a land to start responding positively to you in general as that sort of behavior could land her in trouble with the guards.

Unfortunately, while there are many good decent landlords out there, there is also a subset of landlords that seem to have a seriously back attitude when it comes to tenants - as if they consider renters a lower "class" of people. I'm guessing she is one of that type.

alltacht

Thanks everyone for the replies, I feel better about the situation. We were quite shaken to be honest.
One problem is that we do not have their address, she owns a shop so perhaps I could register to that address? We havent got an address for the husband so hopefully he will respond to us on the phone in the next while.
@Duckjob yes in a way our differences as people seem to be a bone of contention. I have a busy life and mopping a floor three times a week is the last thing on my mind. We always were clean and tidy but in a lived-in manner. It seems shocking to her that I could even be of this mindset. Amongst other things.
As another poster said, its a lot to do with her attachment to the place.

We have a spare key still actually, as they only gave us one when we moved in.
We have lots of pictures of the issues she brought up on her list (except the upstairs carpet..)
But we are out of our lease now so we can hardly go back and take more pictures, that would be trespassing Im sure.

The husband is a builder/all round handy person so Im also positive he would carry out any repairs that need doing. The only 'repairs' are landlord responsibilites anyway - a toilet handle broke when we moved in so we put the spare toilet handle on our bedroom toilet and didnt replace the broken handle. The mildew could be remedied by fixing the window making the room a bit more airtight etc.

She was blaming me for leaving the curtains rolled the wrong way during that particular viewing as the people could spot a bit of mildew. The house is still up for rent online... at a ridiculous price. We were paying 850 and now they want 1100. Rather than admitting that the house is not worth that, it was made out to be our fault at not having secured tenants that came to view. (Another viewing we asked how they got on and we were told 'they said they would have to see it cleaned before they could know'... after I spent a few hours on mega short notice and after a days work cleaning up for them to view it..)
I guess this is what you're up against sometimes. Sigh.

johnnyskeleton

If you get anything less than the full deposit go to the PRTB. (Note that ive only heard one side so am not suggesting you will definately succeed, just that it is worth pursuing)

That all sounds like normal wear and tear to me and the reason why most landlords use ikea furniture, dark wooden floors, basic ceramic tiles etc in places is because its sturdy and cheap to replace.

The cost of going to the PRTB is minimal (€15-25) you dont need a lawyer and its relatively straightforward. You may have to take half a day off work to attend though.

If you go to the PRTB, you should ask for damages as well for the ubpleasant experience and making you feel unwelcome in your own home on the last day

mcljot

Hi folks,

I am the stomach-flu-incapacitated partner. Just a few notes:

• the landlord isn't answering his phone or replying to texts, the first time ever
• we still have keys
• we suspect that the breakup in their marriage means that neither of them want to be the one to finish up the lease as then they will be responsible for giving the deposit back, and thus faced with the task of getting half of the amount back from the other

I took photos of the list the landlady gave us. The items are as follows:

• Wires side of house
(this is a Sky installation which we were given permission for by the landlord. Their breakup means communication between them has effectively ceased)
• Paint on cobble at front door
(this was remedied 100% yesterday evening after the landlady left)
• Office one blind missing
(we pointed out that the blind was, in fact, not missing, and she accepted that)
• Flooring in sunroom
(this is a series of scratches and gouges in the floor which were there in their entirety when we moved in)
• Flooring at stove
(there is a stove set into a column about 80cm off the ground, with no hearth or protection for the laminate flooring. The floor was pockmarked with burns from embers when we moved in and is not one iota worse now than this time a year ago)
• Rattan sofa dog damage
(there is a wicker/rattan sofa which has chew damage to one corner. In my opinion it is minimal, but obviously the damage was caused by us. We have taken photos)
• Wires coming into sitting room
(this is the same Sky installation)
• Purple sofa dog/cat hair
(the landlady screamed that the sofa is fit for the dump. We went over it again last night and it is literally as new, plenty of photos taken)
• Stove
(the landlady claims that the stove is irreparably damaged by rain that came down the chimney in a bad storm in January/February. To my eye there is no damage whatsoever. Even if a very slightly leaky chimney is our fault, I just can't understand this one.)
• Kitchen units damaged/stained
(she showed us two dark stain marks on the skirting of the kitchen units which were caused by a flood from the upstairs bathroom. The landlord is very obviously aware of it as he came over to fix it!)
• Oven manky
(the oven is in the same condition as when we got it)
• Oven door damaged
(the oven door was damaged when we moved in, which she accepted when we challenged her on it)
• Utility press door paint spots
(there were some minor paint marks already on the utility press doors when we moved in, but I cleaned them off anyway last night)
• Handle on toilet
(the landlord is aware of this and I see it as wear and tear – about 8 months ago the plastic mechanism that connects the external metal handle to the part in the cistern which lifts and releases water into the toilet bowl broke from old age)
• Upstairs carpet
(there is one stain caused by us on the carpet, about 5cm x 8cm)
• Mould windows
(she didn't mention this to us while walking through the house but there is no mould on the windows)
• Light hotpress
(the light in the hotpress has a long trailing wire which becomes detached easily when you open the door/walk into the hotpress. It's a simple matter of plugging it back in, which I did)
• Blinds in blue room
(she didn't mention this to us as we walked through the house)
• Master bedroom dirty mould on window sill
(there is mildew 5cm x 20cm on the sill, caused (I assume) by the broken window which doesn't close. I cleaned it 100% last night)
• Curtain lining
(similar mildew – she expects new curtains)

Sorry for the long post!! Thank you everyone for your replies, it's very encouraging. We were quite shocked/shaken by the landlady's hysteria.

Penny Tration

The dog and cat hair and damage, along with the wires, are beyond wear and tear. So expect some amount of your deposit to be taken. However, you must be provided with receipts for work carried out.

I'd give them a week, then lodge a dispute with the prtb

mcljot

Hi again folks,

Got through to the landlord who insists that he looks after the outside of the house, and inside the house is the landlady's responsibility, and she holds the deposit so we must deal with her. I asked repeatedly to go over to the house with him and go through the list and see what he would like done better but he refused outright to allow me to go over, even though he was telling me he was there at the moment and had been there cleaning since 7am this morning (not sure if that was true?). It seems that they don't have a deep understanding of landlordship – he was implying on the phone that he would be paying himself two days cleaning work out of the deposit! I'm inclined not to educate him and leave him off. He also talked about viewings of the property he had done where potential tenants had "walked out of rooms because they were so dirty", and in one instance said "I will have to come back when the house is cleaner before I can decide if I will take it". I can't imagine having the audacity to say that when viewing a house?? I should reiterate that the house was spotless, so this sounds like some kind of scare tactic. But anyway, I digress...

So, we just texted the landlady saying that the landlord had informed us that we had to deal with her and that we have fulfilled our obligations as outlined in the tenancies act and in the lease, and that we are entitled to our deposit back in full, less the expenses incurred above normal wear and tear. We said that we have comprehensive photos and if we do not receive a satisfactory response by Friday the 15th of May, we would pursue the issue with the PRTB. We also said that due to her manner in dealing with us yesterday, we would request that future communication be written – and gave her an email address as well as saying she could text us.

One thing we just noticed is that the landlord is the only name on the lease, she doesn't feature at all. Not sure if this implies that he is liable for return of deposit, whether or not she's the one who has (had?) it, and whether or not he "wants" to deal with us?

Thank you all so much.

mcljot

Sorry for the double post – in immediate retrospect we should have texted that to the landlord, as he is the name on the lease. Should we text it to him as well?

Update: she has just replied saying that she is throwing the sofas out and that alone will cost the deposit. Do we need to reply to her or shall we leave it for the PRTB?

bjork

I had a landlady like this once, you have my complete sympathy.


Ask a cop to go over with you to give back the keys (and take pictures with them present if possible), explain they are unstable and you are afraid of confrontation

Deal only with the Landlord if it's his name that's on the list

Give him a letter as suggested above that he has 5 days to sort your deposit
If he doesn't escalate it to the Ptrb


Reply back if you like that her husbands name is on the leasse and you'll be having no further contact with her as you have no relationship with her

The Zec

I could be wrong here but I think you are entitled to her address under rent book regulations.

foggy_lad

Once you have pictures of everything you are in the clear and if they allowed the dog then they can't come back and claim for any damage caused by it.

As for dealing with them, deal only with the person named on the lease as they are the only person who will be allowed address any tribunal.

Get yourself onto the PRTB website and start a case for deposit retention and get the ball rolling!


Have nothing more to do with that NUT-JOB of a woman who claims to be the landlady, her name is not on the lease!

alltacht

Hi foggy_lad,

What do you mean the dog damage can't be claimed against? Is that a thing? Here are some pictures of the couch and of the chewed corner, like I said – in my mind it's minimal but others may disagree. The landlady intends on throwing away the couch. The damage is at the bottom left corner, at the front.

Galbally 8-5-15 232

Close up

Galbally 8-5-15 228

ABajaninCork

I wouldn't be texting ANYONE any more. Put everything in writing and send it either via e-mail (with a read receipt if you can) or by registered post.

The_Conductor

foggy_lad wrote: »

Once you have pictures of everything you are in the clear and if they allowed the dog then they can't come back and claim for any damage caused by it.

Just because they allowed the dog does not absolve the tenant from any damage caused by the dog- I have no idea where you've gotten this notion from- but its wrong, plain and simple. Its normal practice to deduct any damage caused by a pet from deposits- and increasingly, its becoming normal practice to demand a larger deposit, in the expectation that a dog or a cat will damage furniture.

foggy_lad wrote: »

As for dealing with them, deal only with the person named on the lease as they are the only person who will be allowed address any tribunal.

A tenant or a landlord can bring a person to support them during a tribunal- and it is not written anywhere that the person they bring with them cannot address the tribunal. The tribunal will, in the interests of fairness, push the case of the person under represented (or not represented at all).

foggy_lad wrote: »

Get yourself onto the PRTB website and start a case for deposit retention and get the ball rolling!

As she has officially refused to return the deposit- this is now the appropriate course of action.

foggy_lad wrote: »

Have nothing more to do with that NUT-JOB of a woman who claims to be the landlady, her name is not on the lease!

The OP has stated that the husband is the name on the lease- yes. Given the status of the house- and the fact that it was previously the family home- there could be more, legally, to this, than just the 2004 Act.

One way or the other- the OP needs to get the ball rolling and seek the return of the deposit. As for the doggy damage to the sofa- I have no idea how/why you imagine that permission to keep the dog there absolves the tenant from responsibility for any damage caused by the canine. It is dangerous to come on here making proclamations like you have done.

beauf

I think you should not post so much identifiable information to the web.

The condition you've left it sounds ok to me. But I don't think you'll get your deposit back, and you'll have to go to the PRTB where you will probably get most if not all your deposit back. Which may take some time. So I would prepare for that delay.

Teyla Emmagan

That dog damage to the sofa is utterly minimal. I think half the population would sit on that sofa for months without noticing it. Most (reasonable) people would consider that as good as new for their own home (IMO), never mind a rental property.

No one sane landlord would throw out that sofa. A hotel wouldn't throw it out!

Cuddlesworth

Lodge a PRTB case now. Inform the landlord(husband) by writing, that you are lodging the PRTB case against him because his wife has made unreasonable claims and is retaining the deposit. His address will be in the lease. And you will recover the money from him because the lease and the deposit are his responsibility. Do not deal with the wife in any context from this point onwards, she is unreasonable and irrational.

Sligo1

Do not deal with either of these people again. Send in an application for deposit retention and adjudication to the PRTB. They will in turn alert the LLs. Do not educate the LL that they cannot charge for their time! This will work to your benefit in the hearing. And if he know he cannot charge for his time he might Magic up some receipt or indeed go and just pay someone to do the work and you could be deducted the amount from your deposit. Also, in regards to the land lady's unreasonable viewing demands and hysterics. Both you and your partner should write individual signed statements of what exactly went on as this appears to be a breach of your peaceful enjoyment of the house. I had similar breaches with my landlady who called over a couple times unannounced and the PRTB awarded me an extra €500 on top of my deposit back. At the time (a few years ago)it took over a year to complete the process. I have heard it is somewhat quicker now.

Jenny Thalia

Jenny Thalia wrote: »

The dog and cat hair and damage, along with the wires, are beyond wear and tear. So expect some amount of your deposit to be taken.

I'm a bit baffled by the complaints about wires, they are pretty much a necessity in a house and the next tenant is going to want access to a dish and cables also so can't see why the deposit should be reduced over sky cables, if anything it's an improvement to the house.

foggy_lad

Laney Faithful Milk wrote: »

I'm a but baffled by the complaints about wires, they are pretty much a necessity in a house and the next tenant is going to want access to a dish and cables also so can't see why the deposit should be reduced over sky cables, if anything it's an improvement to the house.

Just like with their claims about perfect furniture which they claim to have thrown out this is just another way for them to bolster their attempt to keep all the tenants deposit and I would not be surprised if they had not done this kind of thing before!

OP that sofa is perfect and if they threw it out you should not be liable for any cost of replacing it.

as for the dog, once they agreed to having the dog there they accept that there will be a dog smell in the house and also that there might be some extra wear & tear due to the dog. Of course any major damage like if the dog had really chewed big pieces out of the sofa etc then that damage would be above normal wear & tear but once the dog is accepted then general wear & tear must extend to cover wear & tear created by having the dog there.

Lemming

I would also write down the times/dates of all of the landlady's viewing/inspection demands and the short-notice within, whilst the details can still be remembered. One more thing to add to any PRTB case to show how unprofessional, unreasonable, and aggressive the wife has been.

mcljot

Thank you everyone. I've started compiling a timeline to date of the interactions/behaviour/background (couldn't sleep without doing it, even for my own clarity!). We won't be contacting them again, but going straight to the PRTB.

Looking at my timeline so far, I'm quite confident in going to the PRTB, but I'm very hesitant to suggest it's an open and closed case. Are there any tricks he might be able to pull? Going in and messing the place up himself? I know we have photos, but... I don't know! Forging receipts for work supposedly carried out?

It might be a bit of a problem that we don't have an address for him – the address on the lease is the address of the property we rented. We always gave him his mail, but it seems likely that he could argue that the next tenants won't/didn't? The tenancy is registered with the PRTB so maybe they have an address for him. Otherwise all we've got is her shop's address, but it seems unlikely that that's any use?

Re: the Sky cables – this is a wire running down the house from a dish which he gave us permission to have installed, I suspect he just never told her and she wasn't happy to see it.

I agree that this may be rather a lot of information for the web, so perhaps when the thread has run its course a mod might delete it?

gravehold

alltacht wrote: »

(Another viewing we asked how they got on and we were told 'they said they would have to see it cleaned before they could know'... after I spent a few hours on mega short notice and after a days work cleaning up for them to view it..)

This is kinda telling your standard of clean is low if the people viewing it say this.

Duckjob

gravehold wrote: »

This is kinda telling your standard of clean is low if the people viewing it say this.

...assuming you take the word of a LL who is clearly hell-bent on keeping a deposit that such a thing was said to them in the first place....

Personally it doesn't ring true for me, given the current state of the rental market at the moment with people queuing up with deposits in hand.

And re. the sofa, I honestly cant make out the damage for sure, even in the close up pic.

James esq

Not a good idea to show that picture to the PRTB adjudicator. The nature of the material means it can't be repaired ( like a small cut in a leather sofa), you will have to replace it and pay for the disposal of the old one.

Whether you go to the PRTB depends on the amount of deposit and the cost of a half days pay to you. If it is less than €700 walk away

gravehold

Duckjob wrote: »

...assuming you take the word of a LL who is clearly hell-bent on keeping a deposit that such a thing was said to them in the first place....

Personally it doesn't ring true for me, given the current state of the rental market at the moment with people queuing up with deposits in hand.

And re. the sofa, I honestly cant make out the damage for sure, even in the close up pic.

I got the impression ir was the people viewing told op they would want to see it clean before knowing not the ll

TheChizler

gravehold wrote: »

I got the impression ir was the people viewing told op they would want to see it clean before knowing not the ll

The quote in your own response was literally "we were told 'they said...".

beyondbelief67

James esq wrote: »

Not a good idea to show that picture to the PRTB adjudicator. The nature of the material means it can't be repaired ( like a small cut in a leather sofa), you will have to replace it and pay for the disposal of the old one.

Whether you go to the PRTB depends on the amount of deposit and the cost of a half days pay to you. If it is less than €700 walk away

I would suggest they do use that picture as its showing barely any damage and I believe another poster also said this, so I think the picture will only go to helping the ops case to show how unreasonable the landlord is being.
And even if the amount they win is small it is better in their pockets than the landlord and also might show the landlord they cant behave in the way they have.

gravehold

TheChizler wrote: »

The quote in your own response was literally "we were told 'they said...".

Yes referring to the people viewing

gravehold

beyondbelief67 wrote: »

I would suggest they do use that picture as its showing barely any damage and I believe another poster also said this, so I think the picture will only go to helping the ops case to show how unreasonable the landlord is being.
And even if the amount they win is small it is better in their pockets than the landlord and also might show the landlord they cant behave in the way they have.

I would ask to see close up damage first that pic is very far back. LL would be due to ask for a repair or replacement due to any excessive damage nl matter how small anyway

Endthescam

Why

BabySlam

You will be doing a public service if you go to the PRTB. That type of landlord needs a lesson.

beyondbelief67

gravehold wrote: »

I would ask to see close up damage first that pic is very far back. LL would be due to ask for a repair or replacement due to any excessive damage nl matter how small anyway

There Is a close up pic underneath the one far back ?

gravehold

beyondbelief67 wrote: »

There Is a close up pic underneath the one far back ?

Missed that one, saw it now and would definitely want it repaired, she should take it to a specialist and tske the repair for that out of the deposit if unrepairable she should buy a new one from the deposit.

Op if she has to buy a new one you should ask to keep the damaged one

Stheno

The sofa is damaged and regardless of op saying it's minimal it can be taken out of the deposit

Sligo1

gravehold wrote: »

if unrepairable she should buy a new one from the deposit

Wrong. The landlord would not be entitled to buy a new couch because of the damage and subtract this from the deposit. The couch looks about 20 years old anyway so they are only entitled to replace like for like. i.e. Not a NEW couch. By the looks of it... Even if the PRTB ruled against you for the damaged couch, a similar one to this could be picked up second hand prob for €50! The LL can buy a new couch if she wants one... But the tenant would not be liable for the full cost of this. Only partial cost. This cost would be decided by the PBTB adjudicator.

Sligo1

Damage on the other hand (if repairable) could be subtracted from the deposit.

gravehold

Sligo1 wrote: »

Damage on the other hand (if repairable) could be subtracted from the deposit.

I would spend 500 get the base fully rewoven then even if a new one was 250. Most second hand stuff has damage anyway to not worth replacing damaged with damage

timetogo

Not sure if some posters are taking from experience on this thread or out of other places. A mate of mine rented out an apartment. The tenant broke a drawer in a chest. Whoever was adjudicating gave the landlord about €50 for the drawer. It didn't matter that the chest was useless.

As for the cost of the whole sofa, the landlord should have been claiming depreciation on it. So taking into account age and residual value will reduce the cost of the sofa hugely. I doubt the ll could just buy a new sofa and expect the tenant to pay for all of it, especially as the damage is minimal.

Sligo1

gravehold wrote: »

I would spend 500 get the base fully rewoven then even if a new one was 250. Most second hand stuff has damage anyway to not worth replacing damaged with damage

You would be silly to do this as (imo) the adjudicator would prob rule against you in this case. They are not silly and would see through what you have chosen to do regarding the damage. As opposed to replacing the couch. Obviously I'm not an adjudicator myself but I'm guessing when they see the photos and see your receipt for the €500... I could not see them ruling in your favour. Not all second hand furniture is damaged. And tbh... I doubt the LL would actually go and spend €500 to repair this old couch! Histrionics and all... They'd need to he absolutely brainless to do this....

Sligo1

timetogo wrote: »

Not sure if some posters are taking from experience on this thread or out of other places. A mate of mine rented out an apartment. The tenant broke a drawer in a chest. Whoever was adjudicating gave the landlord about €50 for the drawer. It didn't matter that the chest was useless.

As for the cost of the whole sofa, the landlord should have been claiming depreciation on it. So taking into account age and residual valual will reduce the cost of the sofa hugely. I doubt the ll could just buy a new sofa and expect the tenant to pay for all of it, especially as the damage is minimal.

+1. Exactly.

Miaireland

Just curious but did the landlord allow pets as part of the lease?

Mr. Incognito

Hi there.

Few things.

1. A landlord cannot claim own labour as a deduction, either from tax perspective or deposit.

2. Never give keys back without your deposit.

3. Refuse to move out without a deposit ( seems that ship has sailed)

4. Wear and tear is to be expected in a rental.

5. Lodge a claim with the prtb. Keep records of everything.

bjork

If you don't give back the keys, you'll be looking at a bill for replacing locks

mcljot

I agree the couch is damaged and that it's fair that we lose some of our deposit over it, I'm just not sure the damage is recourse for purchase of a new couch. I would be inclined to use those photos in a case with the PRTB.

About the landlord's comments about what potential tenants coming to view the place had said – to me, they sound so contrived that I would question their authenticity. The house was in a lived-in condition but was very clean. Freshly hoovered and mopped for every inspection, surfaces cleaned and all general living debris cleared out of sight.

Re: pets, yes they were allowed.

Re: keys, we were only given one set of keys when we moved in and made another because there are two of us. We've given back the set we were given and nothing has been said about the other keys.

Stheno

mcljot wrote: »

I agree the couch is damaged and that it's fair that we lose some of our deposit over it, I'm just not sure the damage is recourse for purchase of a new couch. I would be inclined to use those photos in a case with the PRTB.

About the landlord's comments about what potential tenants coming to view the place had said – to me, they sound so contrived that I would question their authenticity. The house was in a lived-in condition but was very clean. Freshly hoovered and mopped for every inspection, surfaces cleaned and all general living debris cleared out of sight.

Re: pets, yes they were allowed.

Re: keys, we were only given one set of keys when we moved in and made another because there are two of us. We've given back the set we were given and nothing has been said about the other keys.

Given the comments about dog hair and the fact you agree you damaged the carpet with stains, and including the sofa damage, it could be there is a gap in what you consider clean and lived in and others perception of the same

Miaireland

Stheno wrote: »

Given the comments about dog hair and the fact you agree you damaged the carpet with stains, and including the sofa damage, it could be there is a gap in what you consider clean and lived in and others perception of the same

I can of wonder that in regards to the sofa? If I was the landlord I would have expected you to keep animals off the sofa and I would have expected the cushions to be steamed cleaned/dry cleaned/covers washed etc.

TheChizler

Considering they had less than a day's notice I don't think it reasonable to expect the place to be perfect.