Black waxy soot everywhere in the house

Cuddlesworth

dmcgahon wrote: »

I don't have receipts and invoices for the general cleaning or fireplace restoration.... yet. The work isn't yet complete. Or in the case of the fireplace, started. I have written evidence of state of house and invoice for painting and if I choose to re-upholster the coach (quoted €300 by one repairer).

Have to disagree with you that a torn couch is fair wear or tear. Even without the tear, the wearing seems excessive. The 2-seater is in almost pristine condition. He blocked a number of attempts at inspections over the past 3 years and in the run up to vacating said: "I don’t want and I don’t have to leave tradesmen or potential tenants into my home. So please let it go until we are gone." I told him this was incorrect and insisted on an agent inspecting for me.

"To be clear, I have no intention of showing the property until it has been vacated and is in a fit state to be shown. You are not at all correct about being able to deny me access. This page presents this all from the tenants point of view (link to threshold page). It is quite clear that you must provide access at agreed times. The Residential Tenancies Act 2004 is the legal basis for all of this. I'm not at all clear on why would you not allow a routine inspection at any point in time? You have to allow one."

Which then happened, during which his wife sat on that torn coach (there was also a throw covering the damage). They didn't disclose it even during the final inspection one week later and returning the keys. In advance of that I had advised that:

"Some advice on the deposit. As well as damage above normal wear and tear it covers unnecessary cleaning costs. The most important areas to be cleaned are the kitchen and bathrooms. Please have the fridge and freezer emptied, defrosted and unplugged. The oven and hob should be clean. The bathrooms should be clean. Other areas must also be clean but these are the most important areas."

To which he said: "There is no damage beyond "wear and tear". If you feel there is anything beyond "wear and tear" make sure you photograph it and keep receipts. Any deductions from the deposit will be issued to PRTB for judgement."

From what I understand of the PRTB, from friends of mine(landlords) who have submitted their evidence in similar cases.

You are not going to be able to claim for painting the house after 5 years. Doesn't matter if your painter feels there was a waxy substance on the walls which inhibited him. I worked as a painter, he should have washed them down with sugar soap after discovering it. Would have taken 1 or 2 hours more of his time rather then the stupid option of trying to paint over it. You also have no way of proving it was malicious or was not there before hand. You have a Gas fire in the house. He can easily claim it was from using that.

Your not going to be able to claim for cleaning, as you did the cleaning. The cleaning you have shown is also above and beyond what tenants are expected to provide. Light fittings on the ceilings? Especially after 5 and a half years, which is the biggest thing the adjudicator will focus on.

As part of the tenant leaving, its up to you to assess the damage to furniture. If there was a throw or person on the couch, you should have moved them. And I have seen damage like that on a couch and it was from wear and tear. I would be shocked if it was the first time the adjudicator had seen a similar picture. Leather has to be cleaned and reconditioned twice a year if you don't want it to happen. In future, buy cheap faux leather couches and assume you will replace them every 3-4 years.

All in all, I don't think keeping the 600 is going to be worth the hassle and possible fine the PRTB might give you, if they offer a judgement similar to what my friends had received.