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Hysterical Landlord - inspection & deposit retention

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    #62
    timetogo
    Closed Accounts Posts: 990 ✭✭✭timetogo


    I think my post went over your head.


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    #63
    mcljot
    Registered Users Posts: 13 ✭mcljot


    Squatman wrote: »
    Hi op. I think it may be a little premature for you to go to the PRTB just yet, as this is seemingly a vey lengthy process. If i were you, i would contact the landlord, let him know that regardless of his personal arrangement with his wife, all further communications will be between yourself and himself. Address the fact that he has to spend2 days cleaning - with the fact that he cannot charge for his own labour, and that if any cleaning is required, it is his personal choice to do so, but it is not required to re-rent the house out, and that you have photo evidence to prove. Again, address the couch, with the same logic, he is perfectly entitled to replace the couch if he likes, but this will be done at his own expense, and your photos show the couch to be in as new condition and fully functional. record any phonecall - apps to do this, but advise him at the start of the conversation that he is being recorded. Allow him until tuesday evening at 5.30 to return the deposit in full, or close to full - or to have a fully agreeable plan to return the deposit, otherwise you will be in touch with the PRTB.

    Hi Squatman, this is pretty much word for word what we have done. Thanks for your input!

    Re: the damaged sofa, it is my understanding from having read the PRTB site's info all night and this morning that the landlord cannot buy a new sofa of his/her choosing based on damage to the old sofa. There are more issues at play, such as age of the sofa, price paid for the sofa, level of damage, depreciation of value, impairment of form and function etc. Some of these items are subjective and open to debate but some are very objective. My understanding is that she's entitled to buy a new sofa but the PRTB will quantify the damage done to the old sofa in euros and deduct that amount from the deposit, reimbursing the landlord in part for the purchase of a new sofa. The full price of a new sofa will almost never be deducted from a deposit. The PRTB state explicitly that the landlord should not expect the property to be in the same condition as at the beginning of the tenancy.


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    #64
    Sligo1
    Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Arbiter of Good Taste wrote: »
    if the sofa is damaged, of course she can buy a new one

    Agreed. She absolutely can buy a new one if the old one is damaged. However... She cannot deduct the cost of this new one in its entirety from the tenants deposit. Well she can.... But she will be ruled against same by the PRTB.


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    #65
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    Sligo1 wrote: »
    Agreed. She absolutely can buy a new one if the old one is damaged. However... She cannot deduct the cost of this new one in its entirety from the tenants deposit. Well she can.... But she will be ruled against same by the PRTB.

    Assuming the sofa was not the sofa they used for 10 years, then why not? The OP has only been in the property one year? Should the landlord be expected to replace furniture after a year?


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    #66
    radia
    Registered Users Posts: 360 ✭✭radia


    With regard to the Sky installation that you say the landlord agreed to - do you have that permission in writing?


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    #67
    Sligo1
    Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Arbiter of Good Taste wrote: »
    Assuming the sofa was not the sofa they used for 10 years, then why not? The OP has only been in the property one year? Should the landlord be expected to replace furniture after a year?

    I see what you are saying. And "I tjink" if the couch were deemed unusable then yes... The landlord would be entitled to replace that couch (or furniture) with a similar one and deduct from tenant. However, this couch is not unusable. Damaged yes. Definitely so. But not unusable.


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    #68
    timetogo
    Closed Accounts Posts: 990 ✭✭✭timetogo


    Arbiter of Good Taste wrote: »
    Assuming the sofa was not the sofa they used for 10 years, then why not? The OP has only been in the property one year? Should the landlord be expected to replace furniture after a year?

    Of course not but that's what places like the small claims court are for. If two parties can't agree on what to do or how much is owed then they're a neutral third party. They'll evaluate how much the landlord is out of pocket and give it a value.

    They'll take into account age of the item, damage done and how much it has been depreciated through tax I assume. For the sofa in the photo I can't see that value coming near the cost of the deposit. It's not my decision. But for the landlord that is described I get the impression they're going to try everything to keep all of it.


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    #69
    Squatman
    Registered Users Posts: 1,608 ✭✭✭Squatman


    Stheno wrote: »
    Did you look at the photos? The couch is not in as new condition


    based on the pics supplied, and assuming that it is perfectly dry, and as clean as described, would you think it needs to be replaced? or are you being facetious?


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    #70
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Squatman wrote: »
    based on the pics supplied, and assuming that it is perfectly dry, and as clean as described, would you think it needs to be replaced? or are you being facetious?

    No I don't think it needs to be replaced but the base is damaged


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    #71
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    Squatman wrote: »
    based on the pics supplied, and assuming that it is perfectly dry, and as clean as described, would you think it needs to be replaced? or are you being facetious?

    It is damaged. The OP will lose some deposit. The only argument is how much


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    #72
    Cuddlesworth
    Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    Squatman wrote: »
    Hi op. I think it may be a little premature for you to go to the PRTB just yet, as this is seemingly a vey lengthy process.

    You lodge the PRTB case right now because it takes so long. Delaying by weeks will delay a judgement if required by weeks. I've had two landlords who retained the deposit. Both rang me and handed a check over within a week of the PRTB letter through their door.


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    #73
    Squatman
    Registered Users Posts: 1,608 ✭✭✭Squatman


    Cuddlesworth wrote: »
    You lodge the PRTB case right now because it takes so long. Delaying by weeks will delay a judgement if required by weeks. I've had two landlords who retained the deposit. Both rang me and handed a check over within a week of the PRTB letter through their door.

    I never advised that it be put off by weeks, and if you read the ops later post you will see that he followed my advice and gave the LL and ultimatum. I reckon the threat of legal action will help clear the LLs mind:D


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    #74
    The J Stands for Jay
    Registered Users Posts: 5,775 ✭✭✭The J Stands for Jay


    bjork wrote: »
    No, they can't.

    8% depreciation value/year for starters

    It's depreciated over 8 years which works out as 12.5% per year.


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    #75
    mcljot
    Registered Users Posts: 13 ✭mcljot


    Can anyone advise on obtaining the landlord's address? Is the address of the property we rented sufficient?

    Thanks


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    #76
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    mcljot wrote: »
    I asked repeatedly to go over to the house with him and go through the list and see what he would like done better but he refused outright to allow me to go over, even though he was telling me he was there at the moment and had been there cleaning since 7am this morning (not sure if that was true?). It seems that they don't have a deep understanding of landlordship – he was implying on the phone that he would be paying himself two days cleaning work out of the deposit!
    Keep note of that beautiful bit, as IIRC he can't charge for the work he does himself. But don't tell him that. This is one of those "give someone enough rope to hang themselves" situations.
    mcljot wrote: »
    One thing we just noticed is that the landlord is the only name on the lease, she doesn't feature at all. Not sure if this implies that he is liable for return of deposit, whether or not she's the one who has (had?) it, and whether or not he "wants" to deal with us?
    If only his name is on the lease, ensure you put his name down as the landlord when writing to the PTRB.
    TheChizler wrote: »
    Considering they had less than a day's notice I don't think it reasonable to expect the place to be perfect.
    It seems this was their last day there, so I'm a bit surprised that they seemed to be doing the cleaning at the last minute?

    =-=
    they said they would have to see it cleaned before they could know
    I'm thinking the excuses the possible tenants gave were to get the funk out of the house, away from crazy lady, as I'm thinking that crazy lady doesn't think she's crazy, but everyone she shows the house to get the crazy vibe, and decides not to want her as their landlady.


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    #77
    bizleads
    Registered Users Posts: 25 ✭bizleads


    PRTB knows the landlord address, once you will lodge the complain they will get them the letter.

    Because I have direct experience with PRTB and had few cases with PRTB . I can tell you that you will get half of a deposit back.

    Also landlord can make up all the evidence just before the hearing and PRTB will accept that even though as per PRTB rules it is a big no no and you wont be able to properly respond at the hearing.


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    #78
    fryup
    Registered Users Posts: 18,067 ✭✭✭✭fryup


    she was probably listening to liveline during the week and now is convinced that all tenants are scum


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    #79
    James esq
    Closed Accounts Posts: 84 ✭✭James esq


    bizleads wrote: »
    PRTB knows the landlord address, once you will lodge the complain they will get them the letter.

    Because I have direct experience with PRTB and had few cases with PRTB . I can tell you that you will get half of a deposit back.

    Also landlord can make up all the evidence just before the hearing and PRTB will accept that even though as per PRTB rules it is a big no no and you wont be able to properly respond at the hearing.

    Most adjudicators, arbitrators and judges try and go for a happy medium and cut the claim in two, the trick is to claim twice as much as you reasonably expect and settle for half which is what you will get.


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