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Not being given a deposit back for damage done to property before I lived there

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  • 25-03-2013 12:57pm
    #1
    SplitCartridge
    Registered Users Posts: 63 ✭✭


    Hi,

    I've moved out of a house and I have a bit of an issue with the letting agency.

    There's a piece of furniture that is damaged in the house. However, the damage wasn't done while I lived there. When we were handed the keys at the start of the lease the piece of furniture was already damaged.

    Now the letting agency is refusing to give back the deposit unless we (the tenants) replace that piece of furniture. As far as I know there is no documented proof that the damage was done before we moved in there.

    Where do I stand on this? How can I assure that I'm not swindled out of a lot of money for damage that I didn't do?


Comments

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    #2
    Eric Cartman
    Registered Users Posts: 26,280 ✭✭✭✭Eric Cartman


    This is an all too common one that happens, really the only way is to take photos and document any defects upon moving into a house.

    Is the furniture damaged beyond use or is it just wear and tear ? (deposit cant be withheld for the latter)


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    #3
    SplitCartridge
    Registered Users Posts: 63 ✭✭SplitCartridge


    Eric Cartman wrote: »
    This is an all too common one that happens, really the only way is to take photos and document any defects upon moving into a house.

    Is the furniture damaged beyond use or is it just wear and tear ? (deposit cant be withheld for the latter)

    I would call it wear and tear. Its a couch. One of the legs on the bottom of the couch (that keeps it about an inch off the ground) is broken, and the arm rest on the couch is loose. It is wear and tear damage but as well as that its the way we got it.


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    #4
    Aye Bosun
    Registered Users Posts: 349 ✭✭Aye Bosun


    Was there an inventory on the lease stating all the furniture in the house? did you sign it to say that the chair was in good order? if yes to both these questions you haven't a leg to stand on as you said it was fine at the start of the lease and it is not at the end so you're liable if the damage is beyond reasonable wear and tear.

    If no inventory, then you may well be heading for a case with the PRTB, the onus will be on the landlord to prove that when he rent the place out to you the chair was not damaged, photographic evidence is generally required for this, if he cannot prove this it is likely you will have a ruling in your favour.


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    #5
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    If there was no inventory taken when you moved in, or if you didnt bring the damage to the agents/landlords attention at the time, then you are going to have a hard time proving that it was not you who caused the damage Im afraid. And from what you have described it sounds like a little more than wear and tear; certainly a broken couch leg would not count as wear and tear unless the thing was very old to start with.

    Be aware that the agent can only deduct from the deposit the amount that is required to put the damage right. If they need to replace the couch they cannot charge you any more than it would take to put it back to state it was in when you moved in (ie they cannot turn around and buy new €800 couch if the one that was there originally cost €150 and is now 10 years old). They also must provide you with an invoice/receipt to back up any deduction; they cannot make up a random figure to deduct or say that they are withholding your entire deposit.


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