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Huge problem getting deposit back

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  • 15-04-2016 3:58pm
    #1
    abacus120
    Registered Users Posts: 147 ✭✭


    Hi just looking for some advice.I have just moved out of my accommodation that I lived in for four years.Everything was great while there,had to contact landlord maybe 4 times.
    I got a text today to say that he had inspected premises and I was no way getting any of my deposit back,which is 1,200 euro.
    The reasons being a missing locker,all kitchen equipment gone,and damage done to coach and two tables.
    All completely untrue,everything on contents list when I moved in was left there in a laundry room off the kitchen for safekeeping as I never used any of it.
    The locker was broken so was took away and I bought my own.
    The furniture was old and worn when I moved in and I just used a tablecloth and seat covers to cover the damage.
    He is not accepting any of this,there is holes in walls that was all done before I moved in as well.
    I do have some pics I took of damage when I moved in.
    I am finding this very stressful and wondering what my next step should be.
    Thank you for reading.


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    #2
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Are the photos you took when you moved in dated to prove it was then? Did you inspect property before moving in.

    It's always advisable to notify landlord when something breaks such as locker, so there is a record, utensils surely shouldn't be issue if all there and only put away for safe keeping?

    You can take a case to Prtb for unfair retention of deposit.

    However you may need proof of condition of couch etc when moved in and that you notified landlord of locker and permission to dump it.


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    #3
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Firstly, there are some legitimate claims here. You did get rid of the locker, did you ask the landlord's permission before that? Was there a inventory list from the start of the tenancy?

    The first thing to do is ask for an itemised list of the damage above wear and tear. If you don't have pictures of all the damage from the start of the tenancy, you might have a hard time demonstrating it wasn't done by you, but keep all the documented photos from the start that you do have.

    Have you let the landlord know that some of the items are stored in the laundry room? It might be that the landlord didn't find them.

    Prepare to open a dispute with the PRTB if the landlord doesn't come to an agreement with you.


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    #4
    abacus120
    Registered Users Posts: 147 ✭✭abacus120


    Baby01032012 wrote: »
    Are the photos you took when you moved in dated to prove it was then? Did you inspect property before moving in.

    It's always advisable to notify landlord when something breaks such as locker, so there is a record, utensils surely shouldn't be issue if all there and only put away for safe keeping?

    You can take a case to Prtb for unfair retention of deposit.

    However you may need proof of condition of couch etc when moved in and that you notified landlord of locker and permission to dump it.

    Hi yes the photos have the date from camera on them,he took the locker himself,and has obviously forgotten and yes all cushions,throws,kitchen equip there.
    I have a text confirming the locker being taken away.
    Looks like I will have to go down the prtb route.
    Thank for reply


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    #5
    abacus120
    Registered Users Posts: 147 ✭✭abacus120


    Michael D Not Higgins wrote: »
    Firstly, there are some legitimate claims here. You did get rid of the locker, did you ask the landlord's permission before that? Was there a inventory list from the start of the tenancy?

    The first thing to do is ask for an itemised list of the damage above wear and tear. If you don't have pictures of all the damage from the start of the tenancy, you might have a hard time demonstrating it wasn't done by you, but keep all the documented photos from the start that you do have.

    Have you let the landlord know that some of the items are stored in the laundry room? It might be that the landlord didn't find them.

    Prepare to open a dispute with the PRTB if the landlord doesn't come to an agreement with you.

    Hi yes I asked could he take it and I replaced with my own,yes I told him all was stored in laundry room but no reply to a couple of texts I have sent him.
    Of course there is some wear and tear etc,few stains on carpet and walls but absolutely nothing that he claims


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    #6
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    abacus120 wrote: »
    Hi yes I asked could he take it and I replaced with my own,yes I told him all was stored in laundry room but no reply to a couple of texts I have sent him.
    Of course there is some wear and tear etc,few stains on carpet and walls but absolutely nothing that he claims

    The deposit can only be deducted for loss and damage above wear and tear. If he's retaining any part of the deposit he should give you an itemised list with costs against each.


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    #7
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    abacus120 wrote: »
    Hi yes the photos have the date from camera on them,he took the locker himself,and has obviously forgotten and yes all cushions,throws,kitchen equip there.
    I have a text confirming the locker being taken away.
    Looks like I will have to go down the prtb route.
    Thank for reply

    Based on the information provided he has no case for retaining deposit of those are solely the reasons for retention. If he persists with this, and you notify him you have dated photos and text re locker, then take case to prtb.


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    #8
    Milly33
    Registered Users Posts: 8,651 ✭✭✭Milly33


    Your not in cork are you sounds like our landlord...

    I would advise contacting Threshold first, they will send out a letter to him and await response.
    If the landlord keeps saying no then lodge a complaint with PRTB. Is the landlord registered with them?
    It takes a while, someone will ring and ask for your side of the story and proof, then ring the landlord ask his. And it goes from there..


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    #9
    abacus120
    Registered Users Posts: 147 ✭✭abacus120


    Milly33 wrote: »
    You not in cork are you sounds like our landlord...

    I would advise contacting Threshold first, they will send out a letter to him and await response.
    If the landlord keeps saying no then lodge a complaint with PRTB. Is the landlord registered with them?
    It takes a while, someone will ring and ask for your side of the story and proof, then ring the landlord ask his. And it goes from there..

    No not in Cork lol,how would I know if registered with prtb? Would it make a difference if not?


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    #10
    Milly33
    Registered Users Posts: 8,651 ✭✭✭Milly33


    Good good I wouldn't wish our one on anyone.

    He should have asked ye to sign a PRTB document when ye rented, and that gives you his reference number.

    If you don't have this maybe you should ask him for it, and say that maybe as ye cannot seem to come to an agreement about the deposit that you think it is better for the PRTB to resolve this. That might give him a nudge to give it back as if he isn't registered with them he could get fined as far as I know... Not sure on that now for definite..

    Did you sign a lease and have a receipt for your deposit paid


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    #11
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Whether he's registered or not is inconsequential to you. He may be fined by the PRTB for being unregistered but it doesn't affect your ability to open a dispute.


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    #12
    abacus120
    Registered Users Posts: 147 ✭✭abacus120


    Milly33 wrote: »
    Good good I wouldn't wish our one on anyone.

    He should have asked ye to sign a PRTB document when ye rented, and that gives you his reference number.

    If you don't have this maybe you should ask him for it, and say that maybe as ye cannot seem to come to an agreement about the deposit that you think it is better for the PRTB to resolve this. That might give him a nudge to give it back as if he isn't registered with them he could get fined as far as I know... Not sure on that now for definite..

    Did you sign a lease and have a receipt for your deposit paid

    Yes have a lease and receipt for deposit and first months rent,I said I would be contacting prtb and said go ahead which makes me think they are registered


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    #13
    Milly33
    Registered Users Posts: 8,651 ✭✭✭Milly33


    Oh yes to what Michael D says, but just saying if perhaps you contact him saying you were going to forward it to the PRTB (which you can bring a case against him without him being registered) he might be quick to hand back the deposit...


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    #14
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    Ahh, why were all these issues not noticed and resolved at your move-out inspection? The one that happened the day you gave the keys back?

    Why was the locker-removal not documented on the amended inventory that ye both signed the day he took it away?


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    #15
    abacus120
    Registered Users Posts: 147 ✭✭abacus120


    Mrs OBumble wrote: »
    Ahh, why were all these issues not noticed and resolved at your move-out inspection? The one that happened the day you gave the keys back?

    Why was the locker-removal not documented on the amended inventory that ye both signed the day he took it away?

    The landlord was away when I moved out and I sent a couple of texts to say place was cleaned etc and about giving keys back,no response until the text about the deposit.
    I still have the keys


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    #16
    Sligo1
    Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Michael D Not Higgins wrote: »
    Whether he's registered or not is inconsequential to you. He may be fined by the PRTB for being unregistered but it doesn't affect your ability to open a dispute.

    True... But if he's registered or not may be consequential to the landlord. OP if he's not registered threaten him with the PRTB and make him squirm. U'll soon get your deposit back. And if you don't then go and open a case. I hate theiving landlords who don't give deposits back... Unless of course they have a valid excuse.


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