Ex Tenants, deposit retention and PRTB

The_Chap

Hi all,

Looking for some advice/views on the following...

Tenants moved from previous apartment due to mouldy conditions, into my 2yr old ground floor apartment which I occupied for those 2 years from new build. Apartment in pristine condition as you would imagine, not part of a traditional apartment block as such, own front door to street, own patio area to rear etc...

After 3 months, tenants complained of mould appearing on a couple of walls, I attend immediately and investigate, sure enough small spots appearing in random areas - I take professional advice, get it cleaned up, provide 2 de-humidifiers to reduce moisture level in air and advise tenants on ventilation requirements when drying clothes inside etc...

I go back after a month and all clear, so I go to take de-humidifiers back and they ask can they retain one as it "helps to dry their clothes quicker" - I agree, can't do any harm.

Another 3 months go by, call comes again - mould is back - I go around, sure enough small spots again, but not in the room where de-humidifier is. Tenants say there must be something wrong with structure or damp getting in somewhere...

I get engineer to come round, who bascially says no chance of structural, no evidence of any damp - he checks neighbours either side and duplex above - no evidence anywhere. Has to be condensation due to lifestyle he says - one apartment would not be affected in isolation if it were structural.

Offer to cleanup, tenants say no, we will do this - I provide materials.

More time goes by, and when 11th month rent is due, tenants call and say they want to move out - mould is back, not as bad this time but it is back.

They say they will not pay any more rent, but I can take their deposit as the last payment of rent. Grand says I, wish them well in looking elsewhere and provide a good reference.

Within 2 days they tell me they are moving out in 2 weeks time, and ask for the remainder of their deposit back - meaning they only expect me to deduct 2 weeks rent from their deposit. I say, erm that's not how it works - you need to give me legal notice of 1 month, and you agreed for me to keep the deposit as this notice period's rent payment.

All hell breaks loose, and they have now lodged dispute with PRTB for my retension of the deposit.

This all happened last year, I have now had new tenants in for 8 months with no issues (more importantly - no mould!) I call over and inspect every 6 weeks to monitor and ensure all is OK.

My question is - have they any chance of getting their deposit back given that:-

1. They left the lease agreement early and only paid 10 months rent of a 12 month fixed term lease
2. They agreed that I retain the deposit as 11th months rent
3. They state that they believe 2 weeks notice is sufficient

???

any advice/suggestions welcome

The_Conductor

If you get a written statement from the engineer to the effect that the mould was due to their lifestyle choices (drying sopping clothes indoors) and agreement that you provided the dehumidifiers etc- they really don't have a leg to stand on. With a PRTB case- it is stacked against the landlord though- you need to have your case in order- and everything documented.

With respect of notice- it was a fixed term lease- so the provisions are those as specified in the lease (if you used a standard lease- probably 1 month's notice- but you'll need to have this ready as well.

It really sounds like they are chancers.

I live in a similar type arrangement (own door onto road, patio at rear etc) and am also expected to dry clothes indoors. Putting the washing machine on for a longer spin cycle dries the clothes almost fully- they dry overnight on a clothes horse in the kitchen- no need for a dehumidifier, heating or any other intervention. In the 12 years I've been here- I've never had so much as a single spot of mould- if anything- the house is incredibly dry to the extent you need to bring drinks with you to bed as you'll be thirsty during the night.

Best of good luck with the PRTB- it does sound as though you made every reasonable effort to address the tenants concerns- so hopefully all will be well. Let us know how all goes.

djimi

They broke a fixed term lease and expected their deposit returned? Let them waste their time and go to the PRTB if they wish; they dont stand a hope in hell of getting anywhere. If I were you I wouldnt waste another minute thinking about it; if they do actually take a case against you it wont go anywhere.

senordingdong

If everything is as you have stated, then it sounds like there should be no issue on your part.
Just make sure you have kept all correspondance with tenants, new and old, and the engineer.

The_Chap

Thanks all for comments so far

Everything is exactly as stated, they raised an issue, we addressed immediately - they even had the audacity to state we provided de-humidifiers the first time "as if we knew already how to deal with the problem" because we bought them the very next day after seeking advice on how to deal! Can't win either way!

Spoke to PRTB today myself to clarify a couple of points, and they have only offically disputed the deposit retention, they haven't disputed our obligations as a landlord therefore they were obviously happy enough with the way we dealt with their concerns. They just wanted to leave and give us 2 weeks notice instead of the legal requirements - which the PRTB officer agreed - he did state they should have looked to reassign the remainder of the lease as they had a legal obligation to pay the full 12 months given it was a fixed term contract.

The_Chap

The_Chap wrote: »

Thanks all for comments so far

Everything is exactly as stated, they raised an issue, we addressed immediately - they even had the audacity to state we provided de-humidifiers the first time "as if we knew already how to deal with the problem" because we bought them the very next day after seeking advice on how to deal! Can't win either way!

Spoke to PRTB today myself to clarify a couple of points, and they have only offically disputed the deposit retention, they haven't disputed our obligations as a landlord therefore they were obviously happy enough with the way we dealt with their concerns. They just wanted to leave and give us 2 weeks notice instead of the legal requirements - which the PRTB officer agreed - he did state they should have looked to reassign the remainder of the lease as they had a legal obligation to pay the full 12 months given it was a fixed term contract.

Just to follow up on this, PRTB decision came through and their claim was not upheld, landlord 1 tenant 0

Assholes

djimi

That was relatively quick. Good, if not unexpected, result!

SpaceTime

Minor mould is kind of a fact of life in most Irish properties from what I can see.

It's a combination of the weather and relatively poor (but legally acceptable in Ireland) building standards.

A good tumble dryer (not a washer dryer) will resolve most of those problems.

foggy_lad

SpaceTime wrote: »

Minor mould is kind of a fact of life in most Irish properties from what I can see.

It's a combination of the weather and relatively poor (but legally acceptable in Ireland) building standards.

A good tumble dryer (not a washer dryer) will resolve most of those problems.

Opening the windows for a few hours a few times a week especially when clothes are being line dried indoors is a must!!

Chris_5339762

Buy a dehumidifier. I say this in every thread, the things are brilliant.

Pawwed Rig

The_Chap wrote: »

Just to follow up on this, PRTB decision came through and their claim was not upheld, landlord 1 tenant 0

Assholes

8 months is surprisingly quick for the PRTB. I wonder if they are finally getting their house in order. It would certainly be welcomed by all if they are.

Bluegrass1

Pawwed Rig wrote: »

8 months is surprisingly quick for the PRTB. I wonder if they are finally getting their house in order. It would certainly be welcomed by all if they are.

Looks like it was done without an oral hearing. Obviously much faster that way.