Landlord taking too much from deposit?

dellas1979

2 years ago my 2 friends rented a house. Not in the greatest of nick. Anyways, 1 year later 1 moves out and the landlord keeps €140 (he paid 240) of the deposit because according to him the carpet was destroyed in the sitting room.

So, I then move in. pay €325 deposit. the other guy there still has €240 deposit in the house also. So, I ask straight away can we get a new carpet and a few things repainted?

Nothing is done. We decide to move out (contract is/was up 31st Dec). We give him 2 weeks notice. It doesnt say anything in our contract about having to give him notice (contract is ending). He comes down in a furious anger and says that we are supposed to give him 1 months notice or he can hold the deposit.

He eventually says that he will give me my €325 back in full (pending a look around the house which should be done this week. We have washed and cleaned everything). But that he is going to take €140 (again) from my friends deposit for the carpet.

The carpet was manky when they moved in. Granted there were spillages, little burn marks from the fire etc during this 2 years period. I feel hard done by for my friend. Can he do this? €280 for a carpet. We are talking a standard size sitting room here. Am so glad we moved out, because he never did anything for the house.

EL_Loco

"reasonable wear and tear" shouldn't be deducted. If the carpet was in a bad condition when you entered the agreement, he shouldn't be charging anyone in lieu, and if the damage is considered part of normal wear and tear then no deduction should be applied.

not sure about the landlord end of it but I think he can claim it (replacing the carpet) as an upkeep cost and as such is tax deductable. If he's a fly by night and hasn't the property registered for rental purposes then he hasn't a leg to stand on, and is breaking some sort of tax law. Maybe find out if that's the case. then blackmail him. j/k (kinda)

DonJose

Tell him that you are going to claim rent relief, ask him for his PPS number for your tax form

dellas1979

He's in the PRTB. I claim rent relief already. Incidentally, we moved out on the 1st of January and yesterday the 2nd, new tenants have moved in already. We have not gotton our deposit back yet.

tHE vAGGABOND

To be totally fair, if the carpet was manky or not

Granted there were spillages, little burn marks from the fire etc during this 2 years period

is not reasonable wear and tear..

If there are burn marks and/or visable spillages on it, he is within his rights to hold a few quid to get it cleaned/fixed/replaced.

Victor

dellas1979 wrote: »

Anyways, 1 year later 1 moves out and the landlord keeps €140 (he paid 240) of the deposit because according to him the carpet was destroyed in the sitting room.

But that he is going to take €140 (again) from my friends deposit for the carpet.

Each is paying half. It would be unreasonable to take it all from the first person to leave.

Nothing is done. We decide to move out (contract is/was up 31st Dec). We give him 2 weeks notice. It doesnt say anything in our contract about having to give him notice (contract is ending). He comes down in a furious anger and says that we are supposed to give him 1 months notice or he can hold the deposit.

It is usual to give notice, even if it is a fixed term lease.

dellas1979

As far as I can see, and Ive read through it 3 times now, it says that if we want to stay on we have to give 1 months written notice.

Says nothing about informing the landlord 1 month before the end of a contract.

Anyways, I am to ring him this evening or tomorrow so hopefully he should give the remainder back or else I will go legal on him.