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Inconsiderate landlord taking advantage?

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  • 04-09-2012 10:58pm
    #1
    Registered Users Posts: 5,400 ✭✭✭


    The landlord of the place I am moving from is being a condescending ass. I went back tonight to get my deposit back and he said the flat wasn't clean enough.

    He said that it should have been the same as the day I moved in. He pointed out spider webs and finger marks on the painted wall. He said the carpet wasn't clean enough either.

    I replaced the couch my cat had damaged with a second hand brown couch, very good quality, really comfortable. He said it doesn't suit the place colour scheme and that I can take it, cause he doesn't want it in there.

    He's a highly ranked garda who doesn't declare the revenue he gets from the flat. I lived there 3 years. That's nearly 20 000 worth of undeclared revenue. Probably pocket money to him.

    He was insulting and patronising when he spoke to me. He said to me 'if you choose to live like this' about the spider webs. ( Personally spiders don't bother me).

    I stayed 2 hours tonight after he said all that to me, to clean the walls, windows, skirting boards, stairs, washed the floors again, vacumed again.
    I removed the accumulated dust on the light features. I really don't know what else I can do.

    I am not letting the place : he is. I am not supposed to get the place ready for the next tenant.

    I am not sure if I'll get my deposit back. I'm going back to meet him tomorrow.

    What a f*cking as.s ... is he because I am a 5foot foreign woman, or he's just being as.s because he can?

    \rant


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Comments

  • Registered Users Posts: 828 ✭✭✭hognef


    The landlord of the place I am moving from is being a condescending ass. I went back tonight to get my deposit back and he said the flat wasn't clean enough.

    He said that it should have been the same as the day I moved in. He pointed out spider webs and finger marks on the painted wall. He said the carpet wasn't clean enough either.

    I replaced the couch my cat had damaged with a second hand brown couch, very good quality, really comfortable. He said it doesn't suit the place colour scheme and that I can take it, cause he doesn't want it in there.

    He's a highly ranked garda who doesn't declare the revenue he gets from the flat. I lived there 3 years. That's nearly 20 000 worth of undeclared revenue. Probably pocket money to him.

    He was insulting and patronising when he spoke to me. He said to me 'if you choose to live like this' about the spider webs. ( Personally spiders don't bother me).

    I stayed 2 hours tonight after he said all that to me, to clean the walls, windows, skirting boards, stairs, washed the floors again, vacumed again.
    I removed the accumulated dust on the light features. I really don't know what else I can do.

    I am not renting the place he is. I am not supposed to get the place ready for the next tenant.

    I am not sure if I'll get my deposit back. I'm going back to meet him tomorrow.

    What a f*cking as.s ... is he because I am a 5foot foreign woman, or he's just being as.s because he can?

    \rant

    Your landlord has every right to expect the flat to be cleaned before it's handed back to him (assuming it was clean when you moved in).

    On the subject of taxes - are you claiming rent relief? If so, Revenue will be well aware of his rental income as you will have provided them with his PPS number.


  • Registered Users Posts: 5,400 ✭✭✭Caroline_ie


    It was clean, just not up to his standards. He expected me to scrub all the walls and ceiling and clean the skirting boards. ( which I ended up doing tonight). He wanted to show the flat as early as tomorrow. I am just out.

    No I do not claim rent relief. He said he didn't want to pay taxes because 'it wasn't fair, the taxman taxes too big a chunk'. He told me that the day I moved in. I had nowhere else to go, I'm foreign, I said OK ...


  • Registered Users Posts: 486 ✭✭EricPraline


    No I do not claim rent relief. He said he didn't want to pay taxes because 'it wasn't fair, the taxman taxes too big a chunk'. He told me that the day I moved in. I had nowhere else to go, I'm foreign, I said OK ...
    As far as I'm aware, you can claim for past rent relief, even after moving out. Plus you get the "feel good factor" of bringing this kind of whining tax evader to the attention of the Revenue.


  • Registered Users Posts: 5,400 ✭✭✭Caroline_ie


    Seriously though, am I expected to shampoo the carpets before moving out? Is it not wear and tear? Same for the walls, surely after 3 years, before renting out the flat, the landlord should get it repainted?

    I visited a few flats before moving in to the flat iam in now. When the agency made me visit, they all said the place was going to be further cleaned and repainted before anyone would move in. The place I left this morning was clean, the fridge defrosted, bathroom clean, floors clean.

    He also gave out to me because I left the mattress protector to hang out in the living area to dry. I had just washed it.


  • Registered Users Posts: 5,400 ✭✭✭Caroline_ie


    As far as I'm aware, you can claim for past rent relief, even after moving out. Plus you get the "feel good factor" of bringing this kind of whining tax evader to the attention of the Revenue.

    How can I claim retroactively when it was all cash in hand, and he will never give me his PPS too btw.


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  • Registered Users Posts: 643 ✭✭✭opti76


    its not the landlords fault that your a dirty tenant. and i dont see why saying your foriegn should exempt you from cleaning.


  • Registered Users Posts: 454 ✭✭KindOfIrish


    hognef wrote: »
    Your landlord has every right to expect the flat to be cleaned before it's handed back to him (assuming it was clean when you moved in).

    On the subject of taxes - are you claiming rent relief? If so, Revenue will be well aware of his rental income as you will have provided them with his PPS number.
    Really?:eek:


  • Registered Users Posts: 828 ✭✭✭hognef


    hognef wrote: »
    Your landlord has every right to expect the flat to be cleaned before it's handed back to him (assuming it was clean when you moved in).

    On the subject of taxes - are you claiming rent relief? If so, Revenue will be well aware of his rental income as you will have provided them with his PPS number.
    Really?:eek:

    Really what?


  • Registered Users Posts: 828 ✭✭✭hognef


    It was clean, just not up to his standards. He expected me to scrub all the walls and ceiling and clean the skirting boards. ( which I ended up doing tonight). He wanted to show the flat as early as tomorrow. I am just out.

    Assuming the walls and ceiling were scrubbed before you moved in, I'd say it would be reasonable to expect you to do the same. Spider's webs certainly shouldn't be present in a "clean" flat.


  • Closed Accounts Posts: 586 ✭✭✭devotional1993


    opti76 wrote: »
    its not the landlords fault that your a dirty tenant. and i dont see why saying your foriegn should exempt you from cleaning.
    Are you a landlord too? . Pretty nasty comment I must say. I dont think the lady is a dirty tenant.


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  • Registered Users Posts: 5,400 ✭✭✭Caroline_ie


    Let me point out that the landlord knew I was replacing the couch. I had told him and he was ok with it.


  • Registered Users Posts: 828 ✭✭✭hognef


    As far as I'm aware, you can claim for past rent relief, even after moving out. Plus you get the "feel good factor" of bringing this kind of whining tax evader to the attention of the Revenue.

    How can I claim retroactively when it was all cash in hand, and he will never give me his PPS too btw.

    It might be difficult to get hold of his PPS, but you can at least threaten him with reporting him to the Revenue if you don't get your deposit back. I'd say that should change his tune.

    Also, it might be possible to claim without the PPS number, but the way to find out is to talk to the Revenue.

    Personally, I'd make sure to get my deposit back first, then report him afterwards, to feel good on behalf of both myself and the taxpayer in general.


  • Registered Users Posts: 2,573 ✭✭✭ahnowbrowncow


    Report him for evading tax first and foremost.

    And after three years living in the house, it's up to him to repair and maintain the interior of the property to the standard it was in at the start of the tenancy so that would include painting the walls every couple of years and it's most certainly not the op's responsibility to repair or maintain a carpet due to wear and tear


  • Closed Accounts Posts: 12,455 ✭✭✭✭Monty Burnz



    He's a highly ranked garda who doesn't declare the revenue he gets from the flat. I lived there 3 years. That's nearly 20 000 worth of undeclared revenue. Probably pocket money to him.
    Why do people let landlords defraud the state like this? :confused:

    If they are not declaring the income, the chances of them being a good landlord to you are pretty low too. Live and learn.

    Oh, and you should be able to claim the rent relief even without his PPS - just his name and the address of the property you rented should be enough. Talk to Threshold if you need to.


  • Posts: 0 [Deleted User]


    hognef wrote: »
    Assuming the walls and ceiling were scrubbed before you moved in, I'd say it would be reasonable to expect you to do the same. Spider's webs certainly shouldn't be present in a "clean" flat.

    Rubbish, especially if you've been there for a considerable length of time. Paint doesn't stay pristine forever.

    My previous landlord screwed me in a similar way. I showed photos to someone in Threshold who didn't see a serious problem with the condition of the place (considering that the carpet hasn't been replaced since 1993) but I didn't have a leg to stand on due to giving insufficient notice under part 4 tenancy law.


  • Closed Accounts Posts: 586 ✭✭✭devotional1993


    Let me point out that the landlord knew I was replacing the couch. I had told him and he was ok with it.

    As a landlord and former tenant I can safely say there is a horrible breed of greedy racist landlord who will never ever give a deposit back no matter what. Its a disgrace but in no way unusual. Of course there are bad tenants also of course but normal wear and tear is expected.


  • Registered Users Posts: 443 ✭✭gerarda



    'it wasn't fair, the taxman taxes too big a chunk'. ...

    That's his problem, if he does or doesn't pay up report him to the revenue.


  • Registered Users Posts: 828 ✭✭✭hognef


    Karsini wrote: »
    hognef wrote: »
    Assuming the walls and ceiling were scrubbed before you moved in, I'd say it would be reasonable to expect you to do the same. Spider's webs certainly shouldn't be present in a "clean" flat.

    Rubbish, especially if you've been there for a considerable length of time. Paint doesn't stay pristine forever.

    Rubbish? Perhaps I wasn't being completely clear, but I was referring to the cleanliness of the place - not to wear and tear. If it was clean on moving in, it should in principle be equally clean on moving out. Obviously paint will deteriorate over time (is three years long enough to require a repaint? I don't know, that would depend on the paint and the flat, I imagine), but that can't be an argument for not cleaning properly.

    That said, unless I misunderstood something, it sounds like the OP has re-cleaned the place, so presumably the cleanliness should no longer be an issue.


  • Registered Users Posts: 78,404 ✭✭✭✭Victor


    You are stuck for the couch - if you cat destroyed it, you have to pay for it. Find out what such a couch is worth new and adjust price for age.

    Counter your perceived weaknesses - bring someone with you, some one who will seem more assertive and informed to him.

    Before he gets there, take photos of the entire property - include the day's newspaper if you can.

    Bring a copy of Form RENT 1 for him to fill in his details. Demand that he give you everything - the couch, the deposit, the form details, etc. www.revenue.ie/en/tax/it/forms/rent1.pdf On the day, you want to leave with the money, don't worry about the forms.

    Make sure that you have forwarded your post - there is a service where An Post will do this automatically for about €30 for a month. It would be useful to retain evidence that you have lived there - e.g. utility bills, bank statements or official documents with your address.

    When you have you money, submit the Form RENT 1 anyway, even if you don't have his details.

    From: www.revenue.ie/en/tax/it/forms/rent1.pdf "Note The credit for the years 2011 onwards applies to individuals who were renting a property on 7 December 2010. No credit is due to individuals who began renting after 7 December 2010."


  • Registered Users Posts: 1,695 ✭✭✭Media999


    When you get your deposit back please name the person here and what barracks hes based in.

    Also am i right in saying Guards cant have criminal records? Can he be thrown off the force if hes charged with tax evasion?


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  • Registered Users Posts: 78,404 ✭✭✭✭Victor


    opti76 wrote: »
    its not the landlords fault that your a dirty tenant. and i dont see why saying your foriegn should exempt you from cleaning.
    She didn't say this. Please don't make things up.
    Media999 wrote: »
    When you get your deposit back please name the person here and what barracks hes based in.
    Do not do this.

    Moderator

    Seriously though, am I expected to shampoo the carpets before moving out? Is it not wear and tear? Same for the walls, surely after 3 years, before renting out the flat, the landlord should get it repainted?

    Some wear and damage to paint can be expected after three years, especially around door handles, light switches and other heavily trafficked areas.

    The carpet should have no (new) stains and should be vacuum cleaned. Shampooing would not be required from the tenant (unless the cat ...).

    If he tries to withhold the deposit and assuming the property isn't registered with them, you can also make a complaint to the PRTB, he can't.


  • Registered Users Posts: 959 ✭✭✭maringo


    Reasonable wear and tear is assumed when a property is let to a tenant. A young relative of mine had a similar experience when she was moving out. The landlord disappeared on the Saturday she was moving and couldn't be found to repay her deposit. As she had a removal van organised she couldn't stay around which he well knew. I was over giving her a hand and the place was spotless when she left. I decided to pay him a surprise visit on the Sunday and demanded her deposit back. He tried to say there was damage to paintwork but I told him I had taken photos of when she moved in and some when she moved out. He was just trying to hold onto her deposit but I wasn't moving until I got it which I did as eventually he handed it over. A skanky mangy robbing ba ard landlord who wasn't satisfied to have a good tenant and get a decent rent but had to try an extra ripoff. Have to say I got great pleasure in telling a potential tenant who called to the door what type the landlord was and he took off very rapidly. :D Have you a large male friend who would accompany you while you talk to your landlord ;) Once you get your deposit back report him to the prtb. Best of luck


  • Registered Users Posts: 5,400 ✭✭✭Caroline_ie


    maringo wrote: »
    :D Have you a large male friend who would accompany you while you talk to your landlord ;) Once you get your deposit back report him to the prtb. Best of luck

    I do! And he's a very well spoken Irish man too who likes a good argument. He would have been with me tonight only he was at a meeting. I doubt he would have spoken to me in that tone if the bf had been there. He really spoke to me as if I was a bold 12 year old kid. Disrespectful.


  • Registered Users Posts: 2,419 ✭✭✭apache


    Years ago when i was renting my landlord was also a guard (very popular for them to do). He gave me a cheque as my deposit back and it bounced. I rang him up and arranged to meet him at the flat the next day. He said it was a silly thing he did. Looking back i was silly to accept a cheque.

    Anyway i caught up with him when he was mowing his lawn on a hot summers day wearing nothing but tight shorts. He reached into his jocks and pulled the money out. Ugh but at least i got it back.

    Remember guards used to be on good wages years ago so could afford to buy properties to rent. Now their wages are slashed and the gravy train is long gone. They are desperate for people to rent and would **** it if you reported him to revenue.

    Threaten him and go to threshold. You will soon get your money back. Didn't think there was as much of this not declaring taxes nowadays as the consequences are too high if caught.


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


    Guys- the level of aggression, snide comments, unhelpful posts and general attitude problems being displayed by a not insignificant number of posters in this thread is staggering. If you have a problem with what another poster posts- refute the post, factually, without attacking the poster. If you do not want to do so (for whatever reason), use the 'Report Post' function button- and its immediately flagged and brought to the attention of moderators. This is not the wild wild west of yore, and its not difficult to remain civil towards one another- and indeed help one another out. If you want to have a rant though- take it elsewhere- this is not an appropriate venue.


  • Registered Users Posts: 37,299 ✭✭✭✭the_syco


    When the agency made me visit, they all said the place was going to be further cleaned and repainted before anyone would move in.
    Well, at least you know that you probably won't get your deposit off them when you move out, for the above reason.

    =-=

    Tell him you'll report him if he doesn't give you your full deposit. When you do get it, wait a week, and report him anyway :P


  • Closed Accounts Posts: 2,386 ✭✭✭monkeypants


    I thought that a deposit couldn't be withheld for cleaning, fairly sure that I read it on here.


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Not for normal wear and tear. But cleaning most definitely.


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


    I thought that a deposit couldn't be withheld for cleaning, fairly sure that I read it on here.

    A deposit can't be used for normal wear and tear of furniture or fixtures/fittings (or appliances etc). It can be used for abnormal wear and tear, damage above what might be expected, unpaid utility bills, cleaning (if the property is left in a worse state than it was let in) etc.

    An inventory of contents, alongside photographs of the property, notes on when all items were purchased etc- would be kept by most landlords. If you leave the place like a pig sty they most certainly will deduct from the deposit for cleaning. Feel free to dispute it by all means (its very easy to start a PRTB case)- good luck though if the landlord has good records and can show cause for purloining the deposit.


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  • Registered Users Posts: 4,310 ✭✭✭Pkiernan


    It was clean, just not up to his standards. He expected me to scrub all the walls and ceiling and clean the skirting boards. ( which I ended up doing tonight). He wanted to show the flat as early as tomorrow. I am just out.

    No I do not claim rent relief. He said he didn't want to pay taxes because 'it wasn't fair, the taxman taxes too big a chunk'. He told me that the day I moved in. I had nowhere else to go, I'm foreign, I said OK ...

    Report this criminal Garda directly to the Revenue. Please.


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