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27-02-2018, 10:35   #1
homerjay2005
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Landlord wont return deposit

mods, if this should be integrated into another thread, please do do!

Brief summary - landlady not returning deposit due to what she claims to be damage to the house.
  • Gave months notice, was accepted and all agreed.
  • Paid rent in full until tomorrow, keys not yet returned.
  • moved most of our stuff out (still a few bits left until tomorrow) and moved into the new house sporadically over the last 2 weeks, to allow her a chance to paint the house and get new tenants in quickly.
  • landlady went into the house over the weekend and has gutted it. no visual inspection was done with us and now she is keeping our deposit for problems she claims to have found - no evidence left as they are all fixed and photos dont show anything.
  • it was agreed to meet her in the house when she was there to get back the deposit but she never did that (she claimed she was too busy to even ring us)and has now sent an email saying she is keeping the deposit and thats that.

we accept damage on 2 things which we are willing to have deducted out of deposit (15%) but she is looking to keep 100% for things like a dirty oven,removal of some shelves, a shelf missing from the fridge and a few other things that we could have easily replaced last week had she asked or told us. ie she never actually gave us any notice that she wanted this stuff done. she even included the payment of a skip for taking our stuff out despite the fact we dont officially move out until tomorrow!

thoughts and advice?
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27-02-2018, 12:08   #2
The_Conductor
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I'd suggest you discuss a compromise with her- cognisant of the small amount of damages and missing items you detailed here.
I can't see any justification for her hiring a skip- before you're ever due to vacate the premises- that is taking the biscuit.
If you're unable to compromise- I'd suggest lodging a case with the RTB- who will in the first instance attempt telephone mediation between you- and if that fails, they'll bump it up to a tribunal hearing. I'd suggest you outline this to the landlord ahead of taking any action- as the preferable route would obviously be that you come to a mutually agreeable situation between you.
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27-02-2018, 13:03   #3
10pennymixup
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Screw her and no more Mr Nice Guy.

Case immediately with the PRTB, and if possible get time stamped photo's of the place today.

I'd be looking for compensation for the stuff she through in the skip, the skip that she is charging you for. The cheek of her.
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27-02-2018, 13:07   #4
Samuel T. Cogley
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Agree - just raise a complaint with the RTB, although cleaning the oven; did you really need to be told that?
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27-02-2018, 13:10   #5
 
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Originally Posted by Samuel T. Cogley View Post
Agree - just raise a complaint with the RTB, although cleaning the oven; did you really need to be told that?
Bit harsh - there's an awful lot to do when you are moving out of an apartment. It's possible to forget one or two things.
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27-02-2018, 13:18   #6
Askthe EA
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Originally Posted by Myra Small Weight View Post
Bit harsh - there's an awful lot to do when you are moving out of an apartment. It's possible to forget one or two things.
The oven is the most 'forgotten' thing in my experience it seems! Thats €50 - €80 cleaning straight away.
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27-02-2018, 13:28   #7
Askthe EA
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OP, there is absolutely no doubt that your ex LL is pulling a fast one. Tenants should be given the opportunity to put any issues right prior to witholding deposit (where possible).

All costs must have photo evidence and associated invoices.

That being said, it may be easier for you to try and find a mutually agreeable solution as the RTB will be dragged out and frustrating.

So, the skip thing though, are you saying the LL threw out your stuff before you had handed her back the keys? If so, well, thats a whole different bag of fish!
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27-02-2018, 13:49   #8
jimmycrackcorm
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Quote:
Originally Posted by Askthe EA
The oven is the most 'forgotten' thing in my experience it seems! Thats €50 - €80 cleaning straight away.
A visual inspection prior to leaving to allow the tenant to clean the oven using a bottle of 3 euro oven cleaner works be preferable.
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27-02-2018, 13:51   #9
jimmycrackcorm
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Quote:
Originally Posted by Askthe EA
The oven is the most 'forgotten' thing in my experience it seems! Thats €50 - €80 cleaning straight away.
A visual inspection prior to leaving to allow the tenant to clean the oven using a bottle of 3 euro oven cleaner works be preferable.
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27-02-2018, 13:51   #10
Graham
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Thats €50 - €80 cleaning straight away.
Assuming someone was brought in to clean the oven and the landlady is prepared to pass on an invoice?

OP, as your tenancy doesn't end until tomorrow I would email the landlady saying you will be happy to address any outstanding issue between now and the tenancy ending, including any of the items she is proposing to withhold your deposit for.

I don't see how the landlord would have a snowballs chance of holding you responsible for items you weren't given the opportunity to address prior to the ending of the tenancy.

Last edited by Graham; 27-02-2018 at 13:54.
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27-02-2018, 13:57   #11
Askthe EA
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A visual inspection prior to leaving to allow the tenant to clean the oven using a bottle of 3 euro oven cleaner works be preferable.
Indeed, as I said in the follow up post.
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27-02-2018, 13:58   #12
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Assuming someone was brought in to clean the oven and the landlady is prepared to pass on an invoice?
Yup. Thats what they charge in Cork anyway and certainly always provide an invoice as I mentioned in the next post.
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27-02-2018, 15:45   #13
homerjay2005
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Quote:
Originally Posted by jimmycrackcorm View Post
A visual inspection prior to leaving to allow the tenant to clean the oven using a bottle of 3 euro oven cleaner works be preferable.

shouldnt this be standard practice?

my main issue is her complete lack of communication, i messaged her multiple times to meet us at the house and she never replied. she claims she was too busy.
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27-02-2018, 15:48   #14
homerjay2005
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So, the skip thing though, are you saying the LL threw out your stuff before you had handed her back the keys? If so, well, thats a whole different bag of fish!
well i dont think its as sinister as that, she just added the skip to her case to make things look worse.

we met her last night and no offer, we have given her 48 hours to come back to us with a better offer being going to RTB.
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27-02-2018, 15:50   #15
homerjay2005
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Originally Posted by Samuel T. Cogley View Post
Agree - just raise a complaint with the RTB, although cleaning the oven; did you really need to be told that?
I didnt notice it as being dirty when i was last there, it looked ok to us! if she asked us to clean it, we would have done no problem!
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