Tenant Deposit Query

mgourley93

Hi,

I have recently rented an apartment for 12 months and my rent finished on June 12th. On this date, myself and one other flatmate attended an inspection with a representative of our management company. He didn't even go in to the rooms and told us we could expect our deposit back early next week.

However, we only received our deposit back today (30/06) and we were billed €175 for cleaning. The flat itself was spotless when we left and the guy didn't even check it. Do we have any ground to stand on in regards to getting this back?

Apparently the guy put on his inspection form that it wasn't clean, even though I was there with him and I know for a fact he didn't. We spoke in the living room and handed him back the keys, I even asked if he wanted to inspect the rooms as we had spent all week cleaning the place. He said no, as long as nothing is broken.

Can anyone give me any advice on what to do? Or if we should get it back?

Thanks

Mr. Incognito

www.prtb.ie

Viper_JB

As a place to start - they need to provide you with a receipt for the work done, they cannot just charge an arbitrary figure without proof that money was actually spent on the work which was claimed to have been done.

mgourley93

Viper_JB wrote: »

As a place to start - they need to provide you with a receipt for the work done, they cannot just charge an arbitrary figure without proof that money was actually spent on the work which was claimed to have been done.

Thanks for the response.

They told us last week they would send on the invoice but we are still waiting on it.

If we receive a legit invoice will we not have an argument against it?

Viper_JB

mgourley93 wrote: »

Thanks for the response.

They told us last week they would send on the invoice but we are still waiting on it.

If we receive a legit invoice will we not have an argument against it?

I wouldn't say that, it would definitely help if you have some pictures taken from when the inspection was that you could prove it was clean on the date, although generally no one thinks of this until after the fact when there's a problem (including myself) wouldn't cost much to open a case with the PRTB about it 20 euro I believe and you can bring it to a committee who will make a decision based on all the evidence available - that'll take a while though which might not matter if you're doing it on the principle of the thing.

mgourley93

Viper_JB wrote: »

I wouldn't say that, it would definitely help if you have some pictures taken from when the inspection was that you could prove it was clean on the date, although generally no one thinks of this until after the fact when there's a problem (including myself) wouldn't cost much to open a case with the PRTB about it 20 euro I believe and you can bring it to a committee who will make a decision based on all the evidence available - that'll take a while though which might not matter if you're doing it on the principle of the thing.

Thanks for this, will follow it up with them.

Just waiting on the invoice back and then I'll process it.

Thanks again

edanto

I wouldn't bother waiting on the receipt. The question is not whether or not they spent the money, but whether they were entitled to spend YOUR money. If the apartment was in the same state before and after the tenancy (undamaged), then they can't spend your money.

An apartment will always need a clean before new tenants, but that would be a normal landlord expense. The Deposit does not cover wear and tear, it only covers damage. Are you confident that you left the apartment in the same condition as when you got it? Can you prove it with photos? The most important detail is that the agent did not raise any issues during the inspection.

Full details here - http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/wear-and-tear

the PRTB wrote:

While a dwelling should be left clean and tidy on its vacation, a landlord cannot expect the dwelling to be returned in the same condition that it was presented in at the commencement of the tenancy. A landlord must take into consideration the length of the tenancy, the number of occupants, whether or not there were children living in the dwelling and whether any deterioration to fixtures, furnishings, walls or floor coverings reflected “ordinary and reasonable use”. Other relevant matters would include the condition and age of fixtures and furnishings at the commencement of the tenancy as well as the type of flooring (carpet, tiles, wooden, laminate) provided. Scuffs and scrapes are unavoidable in normal family life.

In your case, since the agent inspected the property, told you to expect the deposit returned and you have a witness, it should be straightforward. I would write a letter to the landlord instructing them to return the balance of your deposit within 10 days on the grounds that their agent did not indicate any reason for retaining deposit during the inspection, and you can confirm that with a witness. Mention in the letter that you will be opening a dispute with the PRTB unless the remains of the deposit is paid and then be sure to open that dispute when you say you will.