Landlod using Security Deposit for Carpet Cleaning

viper006

Hi all, would appreciate some advise on the below. Having happily rented from a landlord for the bones of 2 years we moved out afew weeks ago and i have been chasing up a deposit from him since.

On sunday he said he asked for bank details saying house was in good condition and he lodge funds in during the week. When queried today if he had a chance to lodge the the deposit , he is now saying carpets need to be cleaned and new tenant is looking into this for him. This cost will come out of the deposit .

We literally had the place as clean as we could manage and left it the way we found it when we moved in. This is out of the blue and we are very frustrated at the delay of getting back the deposit not amind . The carpets werent cleaned for us when we moved in and there is no provision on the lease for this to happen either. Threshold are advising he shouldnt be using our deposit for this use but wanted to get some feedback from others before i go back to landlord?

whomitconcerns

The question is did he feel that they were so bad as to being beyond reasonable wear and tear over 2 years that they had to be cleaned?

If so then I would think thats what the deposit is for so he can.

But if he was happy with apartment as it was and he is now putting this charge solely becaus the new tenants have asked him for it then no definitely not, he cant do it!

Gasherbraun

Was there an agreed inventrory at the start of the tenancy that specified the condition of the carpets and supports his claim? The absence of one will not get your money back any quicker but will make it extremely hard for the landlord to win a PRTB case.

viper006

we had a text on sunday so everything was fine and he would return the deposit fully. He must have changed his mind this week on the basis the new tenants want the carpets cleaned. The carpet was left the same way we found it when we moved in, no damage or horrible stains .

We didnt know he had new tenants so even more annoying hes still holding onto the deposit at this rate not a mind starting to dip into it now to clean the carpets for new tenants.

The problem will be proving the fact the landlord using the deposit for the carpet cleaning at the tenants request vs his opinion the carpet needs cleaning beyond the normal wear and tear. The fact we have a text from on sunday saying house was fine and he would return deposit 100% to us shows the tenants request is the only reason he is using our deposit.

edanto

Any chance you have photos of the apartment as you left it? Not essential, just helpful to prove there were no major stains. The onus is on the landlord to prove that any damage is beyond normal wear and tear.

I'd give him two days to lodge the deposit and tell him that if it's not lodged in full by then that you'll be registering the dispute with the PRTB.

Mike3549

"we had a text on sunday so everything was fine and he would return the deposit fully."
keep that text, you left the place in good condition and he was happy. there's a chance he had 20 viewings and those people damaged the carpet.

foggy_lad

Sounds like the house was left clean and tidy as any landlord would hope for. This guy is trying to make you pay for wear and tear on the carpets first, Dont be surprised if after the carpet cleaning he tries to keep the rest for a little bit of painting that the new tenants want! he is not allowed do this!

You should start a case with thePRTB immediately to recover your deposit in full. Keep all texts from him saying everything was fine as once he has stated that he can not go back and change his mind!

viper006

We didnt take photos sadly. We had always had a very good relationship with the landlord and he always said there would be no issue with the move and the place was spotless

In hindsight , il will definitely do this in future.

viper006

foggy_lad wrote: »

Sounds like the house was left clean and tidy as any landlord would hope for. This guy is trying to make you pay for wear and tear on the carpets first, Dont be surprised if after the carpet cleaning he tries to keep the rest for a little bit of painting that the new tenants want! he is not allowed do this!

You should start a case with thePRTB immediately to recover your deposit in full. Keep all texts from him saying everything was fine as once he has stated that he can not go back and change his mind!

He is based up the country and despite repeated requests for him to come down and view the house before we left , he always was too busy. The agency has had the key to viewings for 2 weeks also and never flagged anything either. This literally only came up today so id say the tenant has requested this as he sees a change to get some money off us.

You echoed my concerns exactly there about this being the first of afew more items he will look to us to pay for now. Im just shocked he didnt even contact to say tell us about carpets and has the new tenants looking for a quote with our deposit as a pool for them to pay for it. Il make sure to keep all records of texts, thanks for the tips

Pawwed Rig

Ah you don't need photos is this case really. You have a text saying all was ok so you'll be fine. If the carpet did need cleaning then it should have been highlighted when the LL was doing your end of contract inspection. This would have allowed you to rectify the situation yourselves. Telling you after the fact is not good enough. You might need to go through (or threaten to go through) the PRTB in this case. It will take time though and depending on how much is involved you may not bother.

Cuddlesworth

Send a registered to both the agent and landlord.

Outline that you expect the full deposit returned within 5 working days.
You are contesting any moneys removed for normal wear and tear, as per the PRTB guidelines.
You have confirmation from him already that he intended to return the full deposit and that the residency was in good condition.
If he fails to do so, you will be a lodging a case with the PRTB.

You will get your money back.

viper006

Resolved!!

the landlord backed down upon mentioning we would be going to PTRB.

Thanks for feedback

Duckjob

When people talk about the Irish 'obsession' with owning property, I reckon a lot of that can be explained by people not wanting to have to deal with the cowboyish ****e like this that often goes with renting in Ireland. One would wonder how many other people this chancer has tried pulling this rubbish with.

Glad to hear it worked out for you in the end OP.