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Landlord witholding deposit

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  • 03-02-2015 9:47pm
    #1
    oggiemc
    Registered Users Posts: 3 ✭


    Myself and 2 other housemates have recently moved out of our apartment in Dublin. Our landlord has withheld 300 euro of our deposit (1300 euro total deposit) because there was a big lump of ice on the back wall on the fridge and he reckons the fridge will have to be replaced. He reckons it is due to some small punctures on the side wall, and this is where there is "gas coming through which causes the build up of ice". I cannot include an image of the fridge because "You cannot post with images, URLs or attachments because you are a new user." (Well done boards.ie for having such a stupid rule). But basically there are a couple of very small and thin punctures on the side wall (about 20mm x 5mm)

    As far as I know, the gas filament on any of these fridges is on the back wall and the side walls are just insulation. Now bear in mind that this fridge was here when we moved in 3 years ago, and it was second hand at that stage. Despite the build up of ice, the fridge and freezer are still working fine otherwise. I have asked the landlord to defrost the fridge and then turn it back on but he says he "doesn't have to because the punctures on the side wall are what is causing the issue. The fact that he wont even try defrosting it, is ringing alarm bells for me.

    Does anyone have any advice on what options we as tenants have in this situation? Also, is there anyone on this board who could shed some technical expertise on the situation i.e could these small punctures on the side wall cause this build up of ice? It is a hotpoint fridge and I am waiting for the landlord to send me on the exact model number.


Comments

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    #2
    whippet
    Registered Users Posts: 7,687 ✭✭✭whippet


    A relevant question .. How did the holes get there?


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    #3
    Kat1170
    Registered Users Posts: 3,623 ✭✭✭Kat1170


    Pretty sure if gas leaks out fridge/freezer stops working.


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    #4
    oggiemc
    Registered Users Posts: 3 ✭oggiemc


    @whippet. I honestly don't know at what point these holes appeared. But I do know that since I have lived in the apartment there has always been a build up of ice in the fridge. (I moved in when one of the original tenants was moving out of the original lease i.e 2/3 of the way through his lease)


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    #5
    L1011
    Registered Users Posts: 68,907 ✭✭✭✭L1011


    This sounds like a desperate attempt to find something, anything to withhold over. Ice buildup at the back in an older fridge is usually down to perished seals anyway. These have a limited life and are replaceable.


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    #6
    Doop
    Registered Users Posts: 1,470 ✭✭✭Doop


    Make sure you get a copy of the receipt for the new freezer


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    #7
    ted1
    Registered Users Posts: 23,535 ✭✭✭✭ted1


    If you did break the fridge he can't take the price of a brand new one off you. He also needs to issue a receipt for a repair or replacment
    The landlord can depreciate over 8 years. So if it's 3 years old he could charge you 5/8 of a new fridge.


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    #8
    Doop
    Registered Users Posts: 1,470 ✭✭✭Doop


    ted1 wrote: »
    If you did break the fridge he can't take the price of a brand new one off you. He also needs to issue a receipt for a repair or replacment
    The landlord can depreciate over 8 years. So if it's 3 years old he could charge you 5/8 of a new fridge.


    Can you link to info re depreciation pls?


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    #9
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    ted1 wrote: »
    If you did break the fridge he can't take the price of a brand new one off you. He also needs to issue a receipt for a repair or replacment
    The landlord can depreciate over 8 years. So if it's 3 years old he could charge you 5/8 of a new fridge.

    That sounds very much like "normal wear and tear"!

    OP(Original Poster) I would be contacting the PRTB and opening a case for illegal retention of your deposit.


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    #10
    ted1
    Registered Users Posts: 23,535 ✭✭✭✭ted1


    Doop wrote: »
    Can you link to info re depreciation pls?

    http://www.revenue.ie/en/tax/it/rental-income.html#section2


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    #11
    ted1
    Registered Users Posts: 23,535 ✭✭✭✭ted1


    foggy_lad wrote: »
    That sounds very much like "normal wear and tear"!

    OP(Original Poster) I would be contacting the PRTB and opening a case for illegal retention of your deposit.
    It is and I forgot to type the word "most" the most he can charge is 5/8 as that's the highest value to him


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    #12
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    ted1 wrote: »
    It is and I forgot to type the word "most" the most he can charge is 5/8 as that's the highest value to him

    He can't charge at all for normal wear and tear!


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    #13
    dazberry
    Registered Users Posts: 2,150 ✭✭✭dazberry


    I had the same problem with my fridge, and as someone else has mentioned it's likely the door seals. Mine iced up pretty badly a couple of times within the space of a month - in the end I just made sure the seals were closing ok (stretched them a little bit to make sure that had good contact when the door was closed) and the problem went away.

    D.


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    #14
    ted1
    Registered Users Posts: 23,535 ✭✭✭✭ted1


    foggy_lad wrote: »
    He can't charge at all for normal wear and tear!

    If the tenant broke it he can. Personally as a landlord I'd just pick one up cheap and move on


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    #15
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    ted1 wrote: »
    If the tenant broke it he can. Personally as a landlord I'd just pick one up cheap and move on

    There is nothing in the op to indicate that the tenant broke anything at all nevermind the fridge so not relevant to bring it up in this case.


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    #16
    oggiemc
    Registered Users Posts: 3 ✭oggiemc


    Thanks for the replies everyone. My flatmate has sent the PRTB an email to find out our options. My landlord has yet to inform me of the exact model of the fridge as well so he is not being very forthcoming with information. The fact of the matter is that the fridge and freezer still work, so I think his only argument could be cosmetic damage. And if that is the case, he is hardly entitled to the price of a brand new fridge just because of that!


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