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Wear & tear...

  • 07-01-2012 3:21am
    #1
    c_lady89
    Registered Users Posts: 76 ✭✭


    Hi.
    Just want to get a rough idea of what is usual wear & tear in a rented house of 3years.
    Im thinking about moving out soon and i know there is a few marks on the walls where the small one got crayons & a few marks that just wont budge!
    The wooden floor seems have gone a dark brown from mopping it only in 1 or 2 spots.
    Bar that i have to get the carpets cleaned myself before i leave do you think i'll get my full deposit back?

    Thanks


Comments

  • #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    a few marks on the walls where the small one got crayons & a few marks that just wont budge!
    Normally I would consider this as not normal wear and tear. However, as you have been in the property for some 3 years, The walls may be due for painting anyway.

    Was the property in an absolute "new" condition at the start of the tenancy?

    I would not expect to have to paint any room in my own house after three years. Therefore, there might be a deduction from the deposit.
    The wooden floor seems have gone a dark brown from mopping it only in 1 or 2 spots.
    As regards the wooden floor. Should you not have applied some floor polish for wooden floors to preserve the state of the floor, not just using a mop? This could be classed as damage as opposed to fair wear and tear.

    When you first moved in, was there an entry inventory, (signed by you) stating the condition (and quantity when appropriate) of all rooms, furniture and appliances etc.? If there was no entry inventory showing the condition of walls, floors, furniture, appliances etc., then the landlord will not be able to make a deduction from your deposit as he has no proof that you caused the "damage".

    Good landlords will have a very detailed entry inventory usually with photos (and now-a-days, video) so that "damage" by a tenant can be "proven" by contrasting the entry inventory with one taken at the end of the tenancy.


  • #3
    c_lady89
    Registered Users Posts: 76 ✭✭c_lady89


    odds_on wrote: »
    Normally I would consider this as not normal wear and tear. However, as you have been in the property for some 3 years, The walls may be due for painting anyway.

    Was the property in an absolute "new" condition at the start of the tenancy?

    I would not expect to have to paint any room in my own house after three years. Therefore, there might be a deduction from the deposit.


    As regards the wooden floor. Should you not have applied some floor polish for wooden floors to preserve the state of the floor, not just using a mop? This could be classed as damage as opposed to fair wear and tear.

    When you first moved in, was there an entry inventory, (signed by you) stating the condition (and quantity when appropriate) of all rooms, furniture and appliances etc.? If there was no entry inventory showing the condition of walls, floors, furniture, appliances etc., then the landlord will not be able to make a deduction from your deposit as he has no proof that you caused the "damage".

    Good landlords will have a very detailed entry inventory usually with photos (and now-a-days, video) so that "damage" by a tenant can be "proven" by contrasting the entry inventory with one taken at the end of the tenancy.


    No there was no invertory. The house was not newly painted when i moved in as there was a few marks on the wall nothing major.. But clearly not in Excelent condition. When mopping the floor i use the cleaner that is for wooden floors.


  • #4
    nibtrix
    Registered Users Posts: 1,305 ✭✭✭nibtrix


    c_lady89 wrote: »
    there is a few marks on the walls where the small one got crayons & a few marks that just wont budge!
    odds_on wrote: »
    Normally I would consider this as not normal wear and tear. However, as you have been in the property for some 3 years, The walls may be due for painting anyway.
    I would not expect to have to paint any room in my own house after three years. Therefore, there might be a deduction from the deposit.

    I presume you have attempted to clean the crayon marks off the walls. I have found in most rented properties that they use the cheaper spray-on paint which is impossible to clean - the more you try to clean it the bigger the smears that are left - so in this case I would consider that the property needs to be painted between tenants, whether this is 1 or 5 years.


    c_lady89 wrote: »
    The wooden floor seems have gone a dark brown from mopping it only in 1 or 2 spots.

    If you used wooden floor cleaner, and didn't slosh water across the floors, I don't know how it could have changed colour from washing. Are the spots really obvious?


  • #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    c_lady89 wrote: »
    No there was no invertory. The house was not newly painted when i moved in as there was a few marks on the wall nothing major.. But clearly not in Excelent condition. When mopping the floor i use the cleaner that is for wooden floors.

    In this case the landlady will not be able to keep any of the deposit as she cannot prove that it was you who caused the "damage" and that it was not there before the tenancy started.

    You only have to leave the property in the same condition (less normal wear and tear) as it was at the start of the tenancy. She has no proof of it's condition (and accepted by you) when the tenancy began.

    If she does keep/try to keep any of the deposit, advise her that you will make a claim with the PRTB for the return of the full deposit and that you will also claim for "damages" for keeping all or partr of the deposit unjustifiably. Unfortunately, the PRTB are very slow and it could take a year or so to get their decision.

    One great failing of landlords is that they do not do a detailed entry inventory and any claims brought to the PRTB have resulted in the tenant's favour. Thus many landlords say that the PRTB favours the tenant.


  • #6
    Baralis1
    Registered Users Posts: 350 ✭✭Baralis1


    odds_on wrote: »
    In this case the landlady will not be able to keep any of the deposit as she cannot prove that it was you who caused the "damage" and that it was not there before the tenancy started.

    You only have to leave the property in the same condition (less normal wear and tear) as it was at the start of the tenancy. She has no proof of it's condition (and accepted by you) when the tenancy began.

    If she does keep/try to keep any of the deposit, advise her that you will make a claim with the PRTB for the return of the full deposit and that you will also claim for "damages" for keeping all or partr of the deposit unjustifiably. Unfortunately, the PRTB are very slow and it could take a year or so to get their decision.

    One great failing of landlords is that they do not do a detailed entry inventory and any claims brought to the PRTB have resulted in the tenant's favour. Thus many landlords say that the PRTB favours the tenant.

    The PTRB is more or less powerless. The landlord can keep the deposit and there's not much you can do about it without possible years of legal wrangling and court cases. Lots of landlords keep it for little or no reason. Its up to yourself but if it was me, I just wouldn't pay the last months rent.


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