Landlord refusing to repay a penny of deposit

mykrodot

My sister's has been renting for the last year, her Landlord is not registered with RTB, he has multiple properties.

She has not been able to get the Renters Tax Credit due to tenancy not being registered. She has been sharing with another woman, both professionals in their 30's.

She is going abroad for Winter and gave her notice, so did her friend who is moving in with boyfriend.

She is very clean and neat and got the property professionally cleaned yesterday. Landlord and his girlfriend called over and have said they are NOT returning any of the deposit due to:

1. watermarks on the coffee table from glasses of water and a few watermarks on sideboard from indoor plants
2. a burn the size of a euro coin on the worktop (literally, I've seen it). Landlord is claiming they need to replace the entire worktop
3. some marks on the wall from the self adhesive photo stickers..........there are about 8 nail sized marks from these stickers.

That is it. Landlord is claiming the full depost of €1200 PLUS extra to cover the replacement of the entire worktop!! Surely this is excessive and is normal wear and tear. Who replaces an entire kitchen worktop because of a small burn close to the hob? He is going to send on the quote for a new worktop tomorrow!

She has missed out on the Renters Tax credit due to property not being registered. Now she is losing her entire deposit. Can she threaten to report him to RTB and Revenue if he keeps all her money?

Thanks

lawred2

They burned the kitchen worktop?

Homer

You have two separate issues. Let her pursue him via the rtb in relation to the tax credit. But, if she burned the countertop in my property and left marks on a coffee table I would be keeping the deposit 100%.

lawred2

https://www.boards.ie/discussion/comment/121468389#Comment_121468389

Water rings means a coffee table not fit for purpose. Withholding a deposit for water rings is laughable.

Burning holes in counter tops is an entirely different matter

Anaki r2d2

No need to threaten. Just report the landlord to RTB and revenue. They can pay tax like the rest of us.

a photo of the burn would be helpful. A small sauce pan burn is wear and tear. If they set the worktop on fire, that might be a different story

SVI40

https://www.boards.ie/discussion/comment/121468422#Comment_121468422

A sauce pan burn on a counter top is not wear and tear, it's stupidity. Who the hell puts a hot pan onto a worktop?

Iodine1

Her own lookout for not being registered, she should have been looking for her tax credit long ago, you can try the RTB now and hope for the best.

mykrodot

https://www.boards.ie/discussion/comment/121468422#Comment_121468422

its not even a small saucepan burn, its like a burn from a hot spoon. Its not the entire worktop, its the size of a bottle top.

irelandrover

How do you expect the landlord to repair the worktop? Replacing the whole thing seems the only thing possible.

Or do you just expect them to accept the burn?

Sorry OP but the worktop counter is fair enough imo. It’s his house and it was damaged by your sister.

if someone came to my house and burned a hole of any size in my counter I’d flip my lid.

As for the furniture it’s a bit over the top honestly, it could prob be sanded out, but at the same time your sister could’ve used a coaster.

As for the marks on the paint while they may seem superficial to you, indeed all of this appears to be superficial to you and your sister, it is not your property and the landlord has to consider prospective tenants and how they might see these things during a viewing.

For me at least it would signal poor property maintenance.

mykrodot

https://www.boards.ie/discussion/comment/121468389#Comment_121468389

water marks...really ? And the burn is the size a wine bottle top. You would keep 1200euro for that?

mykrodot

https://www.boards.ie/discussion/comment/121468479#Comment_121468479

she did ask in the Summer, twice, both times he said he was looking into it.

mykrodot

https://www.boards.ie/discussion/comment/121468487#Comment_121468487

I'm really just here to ask the question. I am not up for aggression in replies. Thanks for the feedback. It seems its her loss .

Unfortunately without a legally registered tenancy she is relatively at a loss. Getting the exact right paint match on the walls with one of those pots of sample paint neatly applied, could solve the wall problem. Watermarks on the tables, presuming a wooden top, should be diminished with a suitable glaze, that she could apply with landlord’s consent. The burn mark is another issue, but I’m quite sure there could be a cosmetic application. It would seem fair to me that part of deposit might be retained, but maybe not all of it if rest of place is ok. I speak as a landlord myself, a properly registered one. Your sister can always contact Revenue/RTB re illegal status of landlord, this kind of thing needs to combatted.

listermint

Hot spoons don't melt workstops. The burning point of a worktop is alot higher. They burnt it with something like a pot or dish touching it.

A countertop for the top and labour would be around 1200.

She needs to cop herself on frankly and I'm normally on tenants side having been burned excuse the pun by a landlord where there was hand on heart not an ounce of damage. She was a toffy charlatan in a range rover and we were young an naive handing over a practically dry cleaned home.

In your case your sister melted a countertop and can't use coasters.

herbalplants

You have to think from another angle, how would you like me staying over in your home and burning your countertop? How would you feel @mykrodot?

PierreLeCake

Your sister can still lodge a complaint with the RTB and make her case. Its does n 't matter if the landlord is registered or not the complaint will be dealt with. I 'm sure the RTB would take a dim view of a landlord who is not registered.

A person who does not comply with their responsibility to register their tenancy/ tenancies faces a criminal conviction and a fine of up to €4000 and/ or 6 months imprisonment, if convicted. This might soften her landlords cough if its pointed out to him. Suddenly giving back a €1200 deposit whether merited or not is looking like a bargain

Does she have any kind of lease agreement as evidence. Its also possible the landlord is registered. The RTB website is a disgrace and information on it can be completely inaccurate.

My understanding was a tenant can still claim Tax Relief even if a landlord is not registered.

Its worth checking out - https://itasaccounting.ie/general/rent-credit-for-unregistered-tenancies/

The Tax Credit was a sneaky way of getting Tenants to rat out non compliant landlords to Revenue.

Donald Trump

https://www.boards.ie/discussion/comment/121468672#Comment_121468672

They'd probably be less bothered if you had given them tens of thousands of Euros to come over and stay.

Flinty997

She could fix the counter and table.

Also appeal to the RTB. Tenants don't have to be registered.

lawred2

https://www.boards.ie/discussion/comment/121468495#Comment_121468495

How would you repair the worktop damage?

Homer

It’s not up to the tenant to decide on just doing a repair job. I’d want a new worktop.

Mrs OBumble

The tenancy doesn't need to be registered with thd rtb to get the credit: just fill in what you know and leave the rest blank.

Widdensushi

https://www.boards.ie/discussion/comment/121468495#Comment_121468495

They could offer to repair the damage and get their full deposit back,I think they would find it cost them alot more that way.

Gumbo

https://www.boards.ie/discussion/comment/121468711#Comment_121468711

They paid for a service. The LL didn’t get handed money for nothing.

Donald Trump

https://www.boards.ie/discussion/comment/121469094#Comment_121469094

Doesn't negate my statement in any way, shape, or form.

I'm sure that the odd person would still be after their pound of flesh like a dog with a bone regardless, but most reasonable people would be less bothered if they had received tens of thousands of Euros compared to a scenario where they had received nothing

Ezeoul

Tell her to get her own quote for replacing the countertop with one of the equivalent quality (not granite or marble!) and the coffee table and see if she can negotiate.

Is all of the deposit hers, or is it split with her roommates?

Flinty997

See what the RTB value it at.

Mellor

https://www.boards.ie/discussion/comment/121468495#Comment_121468495

You seem to be looking at the $1200 as a excessive "fine" for the damage. That's not how it works. It's the landlords property that your sister has damaged. The deposit is to cover the costs of replacing or repair. There is no cheap or easy way to do that repair.

Watermarks might been minor, but it is also damage. Most likely its a cheap table and it's more cost effective to replace. Stickers on the wall will need to be cleaned. A bit lazy that your sister didn't bother to do that.

These might seem minor to you, but the cost of correcting these is at least 1200.

https://www.boards.ie/discussion/comment/121468577#Comment_121468577

Depends how hot the spoon was. Not from a cup of tea that's for sure

TheChizler

https://www.boards.ie/discussion/comment/121469382#Comment_121469382

The landlord needs to provide receipts, they can't just decide that's the price. It might work out as much less than that depending on the location of the burn. The kind of crap marmoleum counter tops that landlords tend to put in are cheap and if it's a small section it might be a small job to replace. Bit weird that you would agree that's the price without having seen it.

Mellor

https://www.boards.ie/discussion/comment/121469422#Comment_121469422

Where did I say suggest the landlord decides the price? The OP literally confirms that the landlord will be providing the quote/invoice as evidence. I'm basing my opinion on professional experience, that's pretty normal I'd have thought. It would actually be pretty weird if we needed to see the counter to discuss it.

Marmoleum is midrange as a counter material. More expensive than synthetic laminates. Are you thinking of formica? That would be the standrd cheapo counter. I wasn't assuming it would be anything more premium that that tbh.

It probably is a small section, but countertops are made in fixed lengths typically 2.4m to 3.6m. So you have to by a whole section whether its 1m or 3m. The costs is the labour, not the material supply. They'll need to measure and cut the counter, maybe remove and refit the hob in a new cut out, and reseal the new hob. It's not a big job, but all those little things add up. Plus repair/replace the coffee table and side board. Repair/Clean the walls. There's als oa premium leaving these to the landlord, rather than OP fixing it themselves. If they coud have fixed it all for 400, I'm sure they would have.