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Landlord witholding some of deposit

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  • 04-03-2011 5:26pm
    #1
    O Riain
    Closed Accounts Posts: 1,107 ✭✭✭


    I recently only received back €1000 out of a €1200 euro deposit because of the landlord deducting money for "wall damage".
    Now this damage is absolutely nothing to do with me, it was caused by the way the building was constructed. I'm assuming that when the house was built not enough time was given between it being built and plastering of the walls. On each of the parts of the wall where a nail has been driven in during construction the plaster has cracked off in a circular manner. There is no wall damage anywhere else.
    Threshold were willing to help until they saw photos and then they said there is no point.
    This damage is 100% caused during construction and I'm not willing to lose €200 over it, what can I do?


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    #2
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    Was the wall damage there when you moved in? At what point did it start to appear and did you make the LL aware when it did? Have you spoken to a builder or similar to get something offical in writing to bring to the PRTB proving you didn't cause the damage?


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    #3
    O Riain
    Closed Accounts Posts: 1,107 ✭✭✭O Riain


    ztoical wrote: »
    Was the wall damage there when you moved in? At what point did it start to appear and did you make the LL aware when it did? Have you spoken to a builder or similar to get something offical in writing to bring to the PRTB proving you didn't cause the damage?

    yes it was there when i moved in and no i didnt bring it up with landlord, mistakes in hindsight but it doesnt change the fact that it wasnt caused by me and this is obvious from looking at the marks. I will have to look into getting written confirmation from a builder to prove this.


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    #4
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    To cut a long story short- if Treshold have said they can't/won't assist- it really is the case that you should drop it. Yes, its annoying as hell- but all you can really do is use it as a learning experience and move on. Next time photograph the whole place when you're moving in........


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    #5
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    My response, in Haiku;

    When damage appears.
    Tell the landlord straight away.
    Or he can blame you.


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    #6
    blackboots
    Registered Users Posts: 37 ✭blackboots


    Were you the first tenant? Does the landlord have photos from before you moved in? Did you sign an inventory with photos?

    A good idea for landlords and tenants - make sure an inventory is taken with photos of the condition of the property, this should be signed by both parties.

    I would contact the PRTB and ask their advice also.

    Another route to take would be to contact the landlord again requesting evidence of the condition of the walls prior to your tenancy. Then perhaps mention that you are taking the case to the PRTB, sometimes the mere threat of this is enough to make a landlord pay.


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    #7
    slystone
    Registered Users Posts: 11 ✭slystone


    Sounds to me that the landlord is chancing his arm. This is your money and you are entitled to get it back. You should write to the landord stating that you want the balance returned immediately or you will pursue it through the PRTB.


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    #8
    planetX
    Closed Accounts Posts: 1,441 ✭✭✭planetX


    I'd pop by when he re-rents the place and warn the next tenants - he probably makes 200 each time.


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    #9
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    The o/p appears to be a serial trouble maker. He was previously complaining about the Landlord coming into his room. Now he is moaning about his deposit. The letting does not appear to come under the PRTb in any event.


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    #10
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    Kosseegan wrote: »
    The o/p appears to be a serial trouble maker. He was previously complaining about the Landlord coming into his room. Now he is moaning about his deposit. The letting does not appear to come under the PRTb in any event.

    I'd hardly use the word serial trouble maker - both issues are valid questions to ask and common issues on this forum however I am confused OP, going by your other thread you were subletting from someone else yet paid a depoist for 1200??? That seems like an awful lot for a sublet. Who did you pay the deposit to, the person subletting or their LL? If it's a sublet that the LL was unaware of and the lease says no subletting there isn't a whole lot you can do legally to get the deposit back I'm afraid. You are not coverd by the PRTB so it would be a private issue between you and the person you subletted from. Did you sign any forum of contract with that peron? Did they also move out and they are trying to keep money from your deposit to offset money taken by the LL from theirs?


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