Can our landlord ask for more money??

TheresaT

Hi all, I'm just looking for some opinions about my current problem.
Myself and my two housemates moved out of our rented accommodation during the summer. Our landlord kept half of our deposit - 500 euro. He didn't provide us with any formal (i.e. written account) of what he wanted our deposit for, nor any receipts for what he spent the money on.

He stopped answering my calls and wouldn't respond to my emails so I took a dispute to the PRTB. We have a dispute resolution scheduled for this Tuesday. I received a copy of the statement that the LL sent into the PRTB. In it he details what he kept the deposit for and included receipts that account for most of what he kept. He also lists other expenses (e.g. his own labour and milage and rubbish disposal) although doesn't provide receipts for these.

The total for all the listed expenses is more than the portion of the deposit he kept. His total is close to 800 euro. Is it possible for him to pursue us for these charges over and above what he kept? Is it likely that the PRTB will rule that we have to pay this if we go ahead with the dispute? Should I just cut my losses and abandon the whole thing?

All in all, I don't feel that a lot of the charges are reasonable but I don't know if it's worth risking it.

I'd really appreciate if anyone has experience of anything like this to let me know how it turned out.

thanks!

Bob Z

TheresaT wrote: »

The total for all the listed expenses is more than the portion of the deposit he kept. His total is close to 800 euro. Is it possible for him to pursue us for these charges over and above what he kept? Is it likely that the PRTB will rule that we have to pay this if we go ahead with the dispute? Should I just cut my losses and abandon the whole thing?

I dont have experience of this but i would as he has already given you half back then he wont be able to turn around now and se he shouldnt have given it to you.

I think he is playing mind games or trying to indimadate you. he wants you to feel you were lucky to geet away with half

RedXIV

Thing is....if he has receipts for stuff and ye can't prove the stuff he bought didn't need replacing....puts him in a pretty strong position.

I wouldn't have any experience in this area but from an outsider, he's got proof and you haven't really?

Bob Z

How did he egt these reciepts? has he a friend who owns a shop or something? What dates are on them?

odds_on

Was there a condition inventory (detailing the condition of the property and the furniture etc) done at the start of the tenancy - agreed and signed by you?
If not, he cannot prove that any damage was caused by you and you may even get your whole deposit back - provided you ask for it.

TheresaT

Hi all, thanks for the replies.

Bob Z wrote: »

How did he egt these reciepts? has he a friend who owns a shop or something? What dates are on them?

The receipts look above board. They have the address of the rented property on them. They don't cover the entire cost of what he kept though. Although he says he does have more receipts for repainting and cleaning.

odds_on wrote: »

Was there a condition inventory (detailing the condition of the property and the furniture etc) done at the start of the tenancy - agreed and signed by you?
If not, he cannot prove that any damage was caused by you and you may even get your whole deposit back - provided you ask for it.

We did have an inventory of all the furniture that was in the house but not the condition it was in.

odds_on

We did have an inventory of all the furniture that was in the house but not the condition it was in.

Then, unless everything was brand new, the landlord has no proof as to the condition of the furniture, flooring, walls, paintwork etc. at the start of the tenancy and cannot deduct anything from the deposit. Continue with the claim at the PRTB.

TheresaT

TheresaT wrote: »

Hi all, thanks for the replies.



The receipts look above board. They have the address of the rented property on them. They don't cover the entire cost of what he kept though. Although he says he does have more receipts for repainting and cleaning.



We did have an inventory of all the furniture that was in the house but not the condition it was in.

correct me if i am wrong but years ago i had problems with a landlord and went the legal route and was told he cannot charge for general wear and tear, ie. worn carpets, repainting walls, cleaning etc, unless the walls were damaged he can't charge for this, mileage is bull he can't do that and the work on painting and cleaning he cannot charge labour, that the joys of renting. he seems like he is chancing his arm, get legal advice from that service, cannot remember the name, i am sure someone here will, but they give free legal advice over the phone.

djimi

Are his complaints genuine; like did you leave the place in a state such that it needed cleaning and redecorating beyond what would be considered normal wear and tear and you are just disputing how much he took from you, or is it a case that the house was left in a good state and the landlord is just trying to spruce the place up at your expense? Did you take photos before you moved in and as you were leaving to show the condition of the house; basically have you some way of proving that the expenses are uncalled for?

TheresaT

djimi wrote: »

Are his complaints genuine; like did you leave the place in a state such that it needed cleaning and redecorating beyond what would be considered normal wear and tear and you are just disputing how much he took from you, or is it a case that the house was left in a good state and the landlord is just trying to spruce the place up at your expense? Did you take photos before you moved in and as you were leaving to show the condition of the house; basically have you some way of proving that the expenses are uncalled for?

No, unfortunately I never took any photos. I really didn't think I'd need them. I've been a tenant in rented houses for over ten years and I've never had a LL not give me back my full deposit. You live and learn!

I really don't think there was anything abover normal wear and tear. There was no damage that I know of although the LL is claiming that he has to replace a sofa due to marks on it. He is also saying he has to repaint the place. It was not freshly painted when we moved in and there were some marks on the wall but again we have no way to prove that. We lived there for two years and like I said it wasn't freshly painted when we moved in. I imagine that you would have to paint rented accommodation every few years anyway. Same with the sofa, it wasn't new to start with and there could be a few more marks on it now.

if its wear and tear i would take my chance and go for the deposit. i hate landlords like this. why would he give half, thats my question, i would have walked through the place with the LL and if he didnt bring up anything i would have pursued the deposit from the straight

djimi

If the sofa needs replacing then its up to him to produce some proof of this. He has no right to charge you for repainting and redecorating unless he can prove that you caused an abnormal level of damage to the place (scuffs and marks on the walls from general wear and tear are his problem, not yours). I would say proceed with your PRTB case and see what comes of it; Id be very surprised if the LL comes away with much if anything.

Victor

He is setting out his case. That does not mean he is right and that he would be awarded everything by the PRTB.

Lollymcd

Why do some landlords not seem to understand that you pay rent each month to live in and "use" a place... they aren't giving you the place for free!!! Things will get old when you use them and need replacing, simple as! Most people I know are paying more than enough money in rent to cover the cost of replacing furniture when it gets old. GRRRRRR!!! I get so mad sometimes!!!!:mad::mad::mad:

TKline

Lollymcd wrote: »

Why do some landlords not seem to understand that you pay rent each month to live in and "use" a place... they aren't giving you the place for free!!! Things will get old when you use them and need replacing, simple as! Most people I know are paying more than enough money in rent to cover the cost of replacing furniture when it gets old. GRRRRRR!!! I get so mad sometimes!!!!:mad::mad::mad:

+1

So many dodgy LLs out there.

TKline

TKline wrote: »

+1

So many dodgy LLs out there.

and all tenants are perfect :rolleyes:

TheresaT

Thanks for all the advice and moral support! I'm going to go ahead with the PRTB case on Monday. I'll let you know how it goes. Fingers crossed!

Graces7

TheresaT wrote: »

Thanks for all the advice and moral support! I'm going to go ahead with the PRTB case on Monday. I'll let you know how it goes. Fingers crossed!

Go for it and good luck... Nasty man!

Graces7

RoverJames wrote: »

and all tenants are perfect :rolleyes:

So? Your point is?

Cadoche

Your landlord stole your money and he's trying to get away with it by claiming he spent more. My advise would be that you pursue him for it, afterall he didn't tell you there was a problem with the house when you moved out and he deliberately was avoiding your calls. You must pursue him for this money, take it further. Those receipts are his because he felt like renovating the place, not due to your damage. Goodluck!

bigneacy

What was the outcome of the case? It was scheduled for last week, yes?

goat2

TheresaT wrote: »

Hi all, I'm just looking for some opinions about my current problem.
Myself and my two housemates moved out of our rented accommodation during the summer. Our landlord kept half of our deposit - 500 euro. He didn't provide us with any formal (i.e. written account) of what he wanted our deposit for, nor any receipts for what he spent the money on.

He stopped answering my calls and wouldn't respond to my emails so I took a dispute to the PRTB. We have a dispute resolution scheduled for this Tuesday. I received a copy of the statement that the LL sent into the PRTB. In it he details what he kept the deposit for and included receipts that account for most of what he kept. He also lists other expenses (e.g. his own labour and milage and rubbish disposal) although doesn't provide receipts for these.

The total for all the listed expenses is more than the portion of the deposit he kept. His total is close to 800 euro. Is it possible for him to pursue us for these charges over and above what he kept? Is it likely that the PRTB will rule that we have to pay this if we go ahead with the dispute? Should I just cut my losses and abandon the whole thing?

All in all, I don't feel that a lot of the charges are reasonable but I don't know if it's worth risking it.

I'd really appreciate if anyone has experience of anything like this to let me know how it turned out.

thanks!

deposits are only kept when there is extreme damage done to house, eg doors broke, kitchen appliances broken, floors damaged walls damaged, windows broken,
were you supposed to pay bin charges, had he said tin was in the price weekley

TheresaT

bigneacy wrote: »

What was the outcome of the case? It was scheduled for last week, yes?

Hiya, I'm still waiting for the report from the PRTB so I don't know what the outcome is yet. Hoping to hear soon.

TheresaT

I got the report today. No joy
You live and learn

Jimmy Bottlehead

Ah that's crap, sorry to hear

the_syco

TheresaT wrote: »

I got the report today. No joy
You live and learn

Did you have to pay out?

Dymo

Jimmy Bottlehead wrote: »

Ah that's crap, sorry to hear

The PRTB nearly always sides with the tenant, the landlord must of had a case.

TheresaT

the_syco wrote: »

Did you have to pay out?

I don't know the terms of the adjudication yet so I don't know what will happen. There is an appeals process but I'm not sure if it's worth it.