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problem with deposit

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  • 14-09-2010 12:35pm
    #1
    Closed Accounts Posts: 537 ✭✭✭


    Hi,

    I'm guessing this is probably the most over-done topic here, so apologies for another one.

    Have been living in a 3-bed house for the last year and a half. Moved out in the last few days.

    Landlady was generally very nice, and replaced some things that needed fixing (listed below)

    1. Hoover that was really really crap (she replaced with really cheap one that was only a little better)
    2. Tile was missing in the kitchen when we moved in. She eventually (after a few months) got someone to replace - but he did an awful job, and it broke after being walked on a couple times
    3. Broken heater (was broken when we moved in)
    4. broken electric shower (broke a few months after move in)

    What she DIDN'T (partly cause of the inefficiencies of her own handyman)
    1. a broken tap (which she'd been told about a couple times)
    2. dishwasher cover (her handyman broke that!)


    Now, she's claiming that we owe her 900euro in total for the following

    1. apparently the WHOLE house needs to be re-painted because of a few black marks (honestly they're really not bad they're just from moving furniture in and out).There aren't any chips out of the wall or anything.
    2. a broken tile in the bathroom
    3. a broken kitchen chair
    4. the broken tile in the kitchen which wasn't put in properly!
    5. the back door lock is dodgy

    Now, just to explain Number 5 there as it particularly annoys me. We were burgalled three weeks ago - my new laptop was stolen (worth 600euro) They came in the back door (it's like a window lock). I discovered after the break-in that it's actually easy to get in through that door when "locked" - you just need to give it a good shoulder and it pops open (and then re-locks ok). My flatmate had actually mentioned to her that it's a bit unstable when we moved in, but we never really made an issue of it.

    I'm happy to pay for the broken chair and the broken tile in the bathroom, but the other things (and the 900 euro) seem absolutely ridiculous

    My questions are
    a) am I being wrong in thinking that the landlady has some responsibility for my laptop being stolen, given that we were living in a house with a dodgy lock. I'm not claiming (and never have) that she owes me 600euro, but if she's going to be unreasonable, I think I have to be in return.
    b) are we supposed to pay for a paint job? I've had a look at the apartment we've just moved into, and it's the same - just a few marks here and there from general wear and tear.
    c) what can I do from here. She only currently has one of our deposits (500euro), so I'm hoping at the very worst she'll just be happy with that and won't bother pursuing the other 400. But tbh, I'd rather just pay for the chair and tile (which I'm guessing should cost no more than 250euro).
    Is it worth pursuing for the sake of 250euro? (and more importantly the principle of the matter)?


Comments

  • Registered Users Posts: 12,206 ✭✭✭✭amiable


    gavney1 wrote: »
    Hi,

    I'm guessing this is probably the most over-done topic here, so apologies for another one.

    Have been living in a 3-bed house for the last year and a half. Moved out in the last few days.

    Landlady was generally very nice, and replaced some things that needed fixing (listed below)

    1. Hoover that was really really crap (she replaced with really cheap one that was only a little better)
    2. Tile was missing in the kitchen when we moved in. She eventually (after a few months) got someone to replace - but he did an awful job, and it broke after being walked on a couple times
    3. Broken heater (was broken when we moved in)
    4. broken electric shower (broke a few months after move in)

    What she DIDN'T (partly cause of the inefficiencies of her own handyman)
    1. a broken tap (which she'd been told about a couple times)
    2. dishwasher cover (her handyman broke that!)


    Now, she's claiming that we owe her 900euro in total for the following

    1. apparently the WHOLE house needs to be re-painted because of a few black marks (honestly they're really not bad they're just from moving furniture in and out).There aren't any chips out of the wall or anything.
    2. a broken tile in the bathroom
    3. a broken kitchen chair
    4. the broken tile in the kitchen which wasn't put in properly!
    5. the back door lock is dodgy

    Now, just to explain Number 5 there as it particularly annoys me. We were burgalled three weeks ago - my new laptop was stolen (worth 600euro) They came in the back door (it's like a window lock). I discovered after the break-in that it's actually easy to get in through that door when "locked" - you just need to give it a good shoulder and it pops open (and then re-locks ok). My flatmate had actually mentioned to her that it's a bit unstable when we moved in, but we never really made an issue of it.

    I'm happy to pay for the broken chair and the broken tile in the bathroom, but the other things (and the 900 euro) seem absolutely ridiculous

    My questions are
    a) am I being wrong in thinking that the landlady has some responsibility for my laptop being stolen, given that we were living in a house with a dodgy lock. I'm not claiming (and never have) that she owes me 600euro, but if she's going to be unreasonable, I think I have to be in return.
    b) are we supposed to pay for a paint job? I've had a look at the apartment we've just moved into, and it's the same - just a few marks here and there from general wear and tear.
    c) what can I do from here. She only currently has one of our deposits (500euro), so I'm hoping at the very worst she'll just be happy with that and won't bother pursuing the other 400. But tbh, I'd rather just pay for the chair and tile (which I'm guessing should cost no more than 250euro).
    Is it worth pursuing for the sake of 250euro? (and more importantly the principle of the matter)?

    Did you register with the PRTB?
    A landlord/landlady is not responsible for your possessions so the laptop isn't in the equation i'm afraid.
    If the marks on the wall are normal wear and tear then she can't charge for that.
    I hope you find a solution to this.


  • Registered Users Posts: 9,338 ✭✭✭convert


    Ask your landlady to furnish you with receipts for the replacement items and replacement/repair of the tiles. As has been mentioned in other threads, you are responsible for the broken chair and tiles as that is beyond normal wear and tear.

    I don't suppose you took photos of the house when you were moving out?

    If you are looking for definitive answers, I'd suggest you and your housemates contact the PRTB (prtb.ie). That site also has a list of registered tenancies in the country, so you'll be able to find out if your tenancy was registered.


  • Closed Accounts Posts: 537 ✭✭✭gavney1


    convert wrote: »
    Ask your landlady to furnish you with receipts for the replacement items and replacement/repair of the tiles. As has been mentioned in other threads, you are responsible for the broken chair and tiles as that is beyond normal wear and tear.

    Yes, that's fine, I'm happy to pay for the chair and (one of) the tiles
    I don't suppose you took photos of the house when you were moving out?

    no, i didn't unfortunately. I don't think she is either. Would this not work in my own advantage though? As then once she has everything done up, she'll have no back-up proof?


  • Closed Accounts Posts: 537 ✭✭✭gavney1


    convert wrote: »

    If you are looking for definitive answers, I'd suggest you and your housemates contact the PRTB (prtb.ie). That site also has a list of registered tenancies in the country, so you'll be able to find out if your tenancy was registered.

    I've had a look on the list of registered tenancies and can't find ours. I presume our landlady never registered - does that mean I can't raise a dispute?


  • Registered Users Posts: 9,338 ✭✭✭convert


    gavney1 wrote: »
    I've had a look on the list of registered tenancies and can't find ours. I presume our landlady never registered - does that mean I can't raise a dispute?

    Even if your tenancy is not registered, you are still entitled to lodge a complaint with the PRTB. The landlord is supposed to register the tenancy, though.


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  • Registered Users Posts: 2,473 ✭✭✭Roddy23


    If you're nto registered with the PRTB, just yet, still go ahead and create a case with them. The case could take up to a year and a half to resolve. Tell the LandLady that you're going to the PRTB about this, as she is claiming over the top for normal wear and tear. Also she should not be keeping the deposits, and she is the one breaking the law here. I would fight her even for the €500, as you are well within your rights on this one. Forgot about the money for the laptop, but do pursue her for the deposit.

    A Case with the PRTB can take up to a year and a half, having history of dealing with them before, I know that you will need to be patient but nine times out of ten, they do get the correct decision in the end.


  • Closed Accounts Posts: 740 ✭✭✭star.chaser


    organize one of those party's through facebook and invite anyone and everyone. trash the place...


  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    As said, you only pay for the broken items. She owes you the rest.

    You are not repsonsible for a paint job, she is taking you to the cleaners there. Know your rights on this and stick to your guns.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    Im not sure what kind of contract you have signed, but in my last two contacts it explicitely said that I was not responsible for normal wear and tear on the apartment (small marks on the wall, normal depreciation of carpet etc). Check your contract fully and if it has anything to that effect tell her where to go with herself.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    organize one of those party's through facebook and invite anyone and everyone. trash the place...

    I don't care whether you're joking or not. This is not 'After Hours'. 1 week posting ban from this forum. Regards, SMcCarrick


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