How much should I deduct from the tenant deposit?

djimi

pawnacide wrote: »

Ok , look at the list of things wrong, add up what you think it comes to and tell me how you'd justify the expenses you come up to a ptrb adjudication board. I reckon 100 euro max.

Her children have scribbled on the walls and doors in 3 rooms and the landing.
The kitchen chair cushions are in a very bad state. They are material and attached to the chairs.
There are handles missing from the kitchen presses and a wardrobe.
There is a lamp missing.
A drawer is broken in a chest of drawers.

Repaint 3 walls and a hall is more than €100 alone. Replace lamp, chest of drawers, handles and possibly chairs. If the landlord has proof that the tenant has caused all this damage then they would want to be out of their mind to let this one lie. Whats the point in asking for a deposit in the first place if you dont intent to use it to put right the damage that has been caused?

pawnacide

djimi wrote: »

Repaint 3 walls and a hall is more than €100 alone. Replace lamp, chest of drawers, handles and possibly chairs. If the landlord has proof that the tenant has caused all this damage then they would want to be out of their mind to let this one lie. Whats the point in asking for a deposit in the first place if you dont intent to use it to put right the damage that has been caused?

If u went into an adjudication meeting with the ptrb looking for money to re-paint a rental house they'd probably fine you the 3000 max just for wasting their time. Buy a pot of paint and go paint it. The point of a deposit is to offset against real damage. A bit of paint a few door knobs etc .. get real.

djimi

http://www.citizensinformation.ie/en/housing/renting_a_home/landlords_rights_and_obligations.html

As a landlord, you may withhold a deposit (or part of a deposit) only if:

The tenant has not given you proper notice when leaving
You have been left with outstanding bills (i.e., public utilities) or rent
The tenant has caused damage beyond normal wear and tear.

Maybe your definition of beyond normal wear and tear differs to mine, but for me causing damage to the walls such that 4 rooms require redecorating is beyond normal wear and tear.

Maybe the PRTB would rule against a landlord should it go before them, and maybe a landlord might not deem it worth their while to persue it too far, but why on earth would they not at least make some effort to get the tenant to pay for the repairs? If the tenant isnt a complete tosser then they will willingly admit that the damage is their fault and off to pay for the repairs. If they want to push it then let the landlord decide if its worth persuing or just letting it go.

pawnacide

djimi wrote: »

http://www.citizensinformation.ie/en/housing/renting_a_home/landlords_rights_and_obligations.html



Maybe your definition of beyond normal wear and tear differs to mine, but for me causing damage to the walls such that 4 rooms require redecorating is beyond normal wear and tear.

No it's not , and definitely not after two year tenancy.

djimi

Fair enough. I feel that the tenant has a case to answer but I suppose well have to agree to disagree.

DanWall

This is the otherside of the story. A friend had €850 deposit held by the landlord. Everything was 2nd hand and very old, it was in a bad state of decor when my friend moved in and they decorated throughout, even doing some a second time just before moving out. The PTRB were a dead loss, the landlord photographed the old appliances which were marked, and used them in the adjudication saying my friend caused the problem, he complained that the ceiling was decorated the same pale colour as the walls, lots of lies were told, he was allowed to produce receipts after the hearing which could have been for any of his many properties, some were a year old. There was one issue that my friend admitted to. Previously my friend paid over €8,000 areas because the Social welfare housing allowance had been changed without their knowledge. The PRTB were totally taken by him and allowed only 25% refund to my friend.
BTW it cost €25 to apply to the PRTB

djimi

DanWall wrote: »

This is the otherside of the story. A friend had €850 deposit held by the landlord. Everything was 2nd hand and very old, it was in a bad state of decor when my friend moved in and they decorated throughout, even doing some a second time just before moving out. The PTRB were a dead loss, the landlord photographed the old appliances which were marked, and used them in the adjudication saying my friend caused the problem, he complained that the ceiling was decorated the same pale colour as the walls, lots of lies were told, he was allowed to produce receipts after the hearing which could have been for any of his many properties, some were a year old. There was one issue that my friend admitted to. Previously my friend paid over €8,000 areas because the Social welfare housing allowance had been changed without their knowledge. The PRTB were totally taken by him and allowed only 25% refund to my friend.
BTW it cost €25 to apply to the PRTB

Did your friend take photos of the place before he moved in? Its the only way you can protect yourself from such a situation as it gives you absolute proof that of the state of the accomodation upon your arrival.

DanWall

We know that now, but he seemed so genuine. Also if you get permission to change something it must be in writing, but not many would ask for this.
Sorry gillybean, I do not want to highjack this thread