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Help ASAP! Landlord refusing to return deposit

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  • 16-08-2011 11:57am
    #1
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭


    Hi, this is written on my boyfriend's behalf, fast help would be greatly appreciated!

    He moved out about a week and a half ago, and the landlord was away. His friend tried to take the keys without returning a deposit, which my boyfriend refused and said he would return them when he got his deposit.

    During my boyfriend's year there, he was moved to a new room, new kitchen, new bathroom (shared accommodation, several bathrooms and kitchens, etc). When he was moved into the new area, the landlord did not do an entry inventory. The landlord also used to regularly drop in to the rooms with no notice, sometimes when my boyfriend would be in a state of undress!

    When he moved in, the bathroom was filthy and so he requested that it be cleaned, so the landlord had it cleaned. The couch was also broken and being held up with a knife block, which collapsed one night about a week after he moved in. He informed the landlord of this. The landlord then told my boyfriend that several short term tenants would be using his bathroom. They left the bathroom filthy and broke the toilet seat, which my boyfriend reported to the landlord. The landlord had the bathroom cleaned and fixed the seat. When he moved in to his bedroom, the mattress was covered in blood on the down side, which he didn't notice until after he flipped it.

    When he was leaving, he held on to the kays until he got his deposit. He texted the landlord to say he'd be up in Dublin today to collect his deposit. The landlord replied saying he is getting nothing because of the ruined mattress, broken couch, SIX bathroom cleans (not true, the bathroom was cleaned twice - once when he moved in and once when other house mates destroyed it!), broken toilet seat and FOR THE KEYS! He also said he will bill him for the rest!

    My boyfriend responded saying that he did not damage any property, leave anything dirty and had reported the broken objects (broken by other people!) numerous times and as such would not be paying for them, would not be paying for the keys as they would be given back upon return of the deposit and had been told by a previous house mate that the landlord KNEW the couch was broken as it had been broken by one of my boyfriend's friends who was living there previously. He also said that no entry inventory was done and that if the landlord refused to release his deposit, as he had no grounds to, he'd be obliged to start a dispute with the PRTB.

    The landlord hasn't responded. My boyfriend has logs of every time he reported things to the landlord (he did it all through text so that he'd have proof and they're all saved on to his iPhone). Is there anything else he can do? He didn't ask for the landlord to clean his mess in the bathroom, he requested that it was cleaned when he moved into it and he requested it be cleaned when some short term tenants moved out and left it absolutely filthy and broke the toilet seat. He didn't break anything at all, and has proof that the couch was broken before he moved in, as the friend who lived there before him told him it was reported to the landlord and the landlord ignored the report, just as he ignored every report my boyfriend made to him! The place was in a better state than when he moved in, yet he's trying to hold on to his deposit, even though he already gave him a great reference!


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    #2
    aidodo
    Closed Accounts Posts: 37 ✭aidodo


    Contact the PRTB straight away.

    Has the tenant received a rent book from the landlord ? If not and the landlord refuses, use this as a bargaining chip. If no rent book, threaten to report him. there used to be a hefty fine for that. 1000 Euro straight up fine and 100 euro per day after that once reported.


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    #3
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Lodge a complaint with the PRTB right away. Simple as that.


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    #4
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    No, he was never given him a rent book. thanks a million :)


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    #5
    variety
    Registered Users Posts: 152 ✭✭variety


    Re the Rent Book thing: Did your boyf have a lease? Most leases these days state something along these lines: "That the information required under the Housing (Rent Books) Regulations (1993) made under the Housing (Miscellaneous Provisions) Act (1992) is set out in the Third Schedule hereunder and that this Agreement constitutes the Rent Book for the purposes of these regulations."


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    #6
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    HE says he had a lease but I checked it out and it's not a proper lease. It's one typed up page saying he will be staying for 12 months, with X amount notice period, paying X amount, signed and dated. He stayed on an extra month and a half which they agreed on, and that was written up and signed too, and the landlord offered to let him pay the half month out of his deposit, so he's expecting half his deposit back, but the landlord is refusing to give the half back, despite kicking him out 4 days before the agreed date!

    oh and the landlord is prtb registered.


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    #7
    variety
    Registered Users Posts: 152 ✭✭variety


    LyndaMcL wrote: »
    but the landlord is refusing to give the half back, despite kicking him out 4 days before the agreed date!
    Well I would pursuing him for an illegal eviction, if this is true; the PRTB will come down very harshly on the LL.
    LyndaMcL wrote: »
    oh and the landlord is prtb registered.
    This is irrelevant - a Tenant can bring a case to the PRTB whether or not the LL has registered.


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    #8
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    Thanks so much for all your help guys! My boyfriend texted the landlord to say some of the things you guys had mentioned and straight away got a text saying that the landlord didn't agree with it at all but it was just a difference of opinion and the deposit would be waiting for him when he got there. got there, got the deposit with no drama and now all is good :) I really appreciate all the help, I knew most of what my boyfriend needed to know but not all of it :)


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    #9
    the groutch
    Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    Boards.ie, the new Joe Duffy :pac:


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    #10
    Victor
    Registered Users Posts: 78,399 ✭✭✭✭Victor


    the groutch wrote: »
    Boards.ie, the new Joe Duffy :pac:

    Keep it constructive please.


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    #11
    hoser expat
    Registered Users Posts: 181 ✭✭hoser expat


    Speaking of rent books.....my landlord refuses to give me a rent book or receipts because he says that a direct payment through the bank is good enough as a receipt. Is this true and is this legal? Thanks


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    #12
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    You're legally entitled to a rent book, as a poster above me said.

    As for the receipts, I'm not too sure if you're legally entitled to them but if he's being paid by direct debit into his bank, not giving you a rent book and not giving you receipts, he could be screwing the system. Might wanna call the PRTB and tell them he's refusing to give a rent book.


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