Return of Deposit

Dublinandy3

Hi All,

Just a question if you don't mind. After almost 6 years of tenancy, what would be classed as an unreasonable condition of an apartment to warrant money being deducted from a deposit?

We have recently moved out and the landlord just told us that she's withholding 400 for a deep clean of the apartment, specifically what was mentioned the cooker, fridge (both were reasonably cleaned but were several years old when we moved in so some things couldn't be removed). A dye stain on the carpet (which I notified the landlord about as soon as it happened and was told not to worry about it) and to clean the windows (granted we didn't do this).

Just seems a touch excessive for things that were several years old and the apartment is being sold anyway so things such as a carpet which has to be at least 10 years old will be most likely taken out regardless.

I'm of the inclination to say so be it, but my wife is super annoyed and wants me to turn nuclear on this, so thought I'd seek opinions from elsewhere before I decide how to approach it.

L1011

Cooker and fridge could be considered wear and tear to an extent - a 6+ year old device cannot be cleaned to the same state as a new one. The dye thing you'd really need to have records of them saying it. Windows - inside or outside?

They need to be able to show that the 400 was actually spent - charging for their own time isn't allowable. There's always a chance that its a notional 400 and they won't actually clean anything.

Dublinandy3

https://www.boards.ie/discussion/comment/119022369#Comment_119022369

Thanks for the reply, I think I have an email chain with them saying it about the dye, but would have to dig it up. I'll drop them an email just stating I think it's a bit excessive to start with, see what they say.

spaceHopper

They can only use the deposit to recover costs and must be able to show a receipt. I'd get back to her saying you want to take it to mediation with ther RTB and get a copy of the rules around deposit retention and deductions. Include your IBAN number so she can send all your deposit back and deduct the 400 but you will open a case with the RTB.

Dublinandy3

I don't want to go to the RTB unless it can be helped, rather try to resolve via discussion. Just on the off chance we do go down that route, all seems excessive for my taste, but in case we do, I guess it wouldn't matter they've never registered with the RTB?

JohnnyChimpo

If they never registered with the RTB, it would matter a lot for them

black & white

To put it in context re the price, I had a 3 bed mid terrace house in Clare that needed a deep clean after being left in a filthy state (not for a second suggesting yours was left like that) and the only company that would quote gave me a price of 1,100 Euro.

Dublinandy3

https://www.boards.ie/discussion/comment/119022849#Comment_119022849

That's good to know. No, we did actually clean it and on the day we moved out all I was asked to do again was to hoover the carpets again, which I did. Possibly they're just charging a little bit then, this is helpful, thanks.

size5

https://www.boards.ie/discussion/comment/119022620#Comment_119022620

Why would you not want to go the RTB route? If they have not registered with the RTB is illegal, but that does not stop you raising an issue with the RTB. I am a LL tenants have recently left-spent 3 hours "deep cleaning" the house but would not expect it to come out of the tenants deposit-take a case

Dublinandy3

https://www.boards.ie/discussion/comment/119027192#Comment_119027192

Just because it seems a hassle for 400 quid, but my wife wants to do it seems we'll do that if we don't get a response before next week.

Grumpypants

Reply to the landlord and say that's okay please forward the receipts for the professional deep clean.

She either got one and paid the 400 in which it's fair. Or she didn't and is trying to hold some back which isn't acceptable.

Dublinandy3

I did, I haven't had a response back yet except the deposit minus the deduction. Will leave it until the end of the week.

Grumpypants

I went through it myself. Landlord came to view house said everything was perfect and would lodge the deposit in the bank account. Few weeks later and multiple calls and texts I had nothing. Kept saying oh it's on the way, I was in the UK, the cheque was sent back etc.

Then he stopped replying.

Went to PRTB, fairly painless. They spoke with both of us and then mediated to get the deposit back.

Claw Hammer

It was a bad move not to clean the windows. They must have been filthy after 6 years.

Dublinandy3

https://www.boards.ie/discussion/comment/119028404#Comment_119028404

:) Touche

Dublinandy3

I wasn't entirely happy with the response we did receive, and receipts didn't cover the full amount deducted so I opened a mediation with the rtb, if that fails will make it formal. More principle now than anything else.

Thanks all for the advice, any idea how long the rtb process takes? Or is that like asking how long a bit of string is?

Dublinandy3

Hi All,

I finally have my dispute hearing on the 13th of September. I've submitted my evidence and it's all being done virtually. If anyone has gone through the process can you let me know what to expect? Is it just some people who listen to us both and then make a decision, or will I have to speak or answer questions from my previous landlord?

Does anyone have an idea how long it will take for them to notify me of their decision, and if it is in my favour which I think it should be, does the landlord have to pay or can they ignore the decision?

TIA

MakersMark

The RTB has no enforcement powers just ask the hundreds of landlords shafted by dead beat tenants.

If your landlord decides not to return your balance (assuming you prevail), you may have to get the RTB order enforced through the courts.

https://www.rtb.ie/dispute-resolution/request-to-the-rtb-to-issue-enforcement-on-a-partys-behalf/enforcement-of-determination-orders

Dublinandy3

So this happened today. The landlord submitted a written statement and some photos but didn't turn up, so it was just me talking to the man. Hard to get a read and I suspect even if it is in my favour the fact she didn't turn up probably means she won't pay anyway. I'll leave a comment once I'm told the result in case anyone is interested.

If it goes against me I won't appeal as they said it then becomes public and searchable online (all the details not just the outcome) and I don't really want my name to link to this so people can get the wrong impression in the future at an unspecified date and time.