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Getting the deposit back

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  • 29-06-2016 12:43pm
    #1
    Registered Users Posts: 282 ✭✭


    Hi,
    I have some questions and hopefully some of you can give me some tipps and advise.

    We are renting since Dec 2014 and our LL is ok but doesnt do anything on the house.

    We have for example the shower in the ensuite and a bedframe broken since we moved in and even after telling LL several times nothing happens. It is always "oh yes I ll lock into it" and thats it.

    First we used to do a lot of things ourself like getting the heating fixed and serviced after we got the promise we would get the money back but we have never seen a cent. As well as we were blamed that the plaster beside the backdoor chips of as we keep the door open or open and close it too often :eek:, honestly, and some other things, which were like this when we moved in and were promised they would get fixed.
    We look after the house and the garden of cause but we are not fixing anything anymore, we tell her and thats it and nothing happens.

    Two month ago she wanted to put up the rent, we pay already a lot for the area and as we are not through our first 24 month we told her that it would not be legal. LL started then that all the repairs are so expensive and she needs the money and why we start now with the law and all. There would be no need for the law.
    So we said that after all the issues are fixed we would be ok to talk with her about the rent even before Dec.

    The house was power washed from the outside ( so it looks nice) but that was it. The gutters are all leaking, the fence is broken as it is all rotten and so on and nothing got fixed on the inside.

    We are hoping to get a mortgage and our own house,hopefully until Dec, might be a bit quick but please let me keep my dream.
    We are paying our rent weekly and never missed a payment or were late. The way she is I am 100% sure we will get blamed for everything so she doesnt have to give us the deposit back.
    As we had to pay two month deposit I am not willing to just let it go and move on. Normally I would have said keep it , not worth the stress but its a lot of money this time.

    The questions I have are now, is there anything I can do now or tips for the time then?
    Like taking pictures ?
    I already decided that I will get a cleaner in so I can prove the house was clean but I am 100% sure she will blame anything at us not to give one cent back.
    Unfortunately we could not even "pack and be gone" as the family is living close by and is passing the house at least 3-4 times a day and the mother drove couple of time nearly into the ditch as she was checking out the house:mad:
    So do you have any ideas? It would be greatly appreciated:)


Comments

  • Registered Users Posts: 6,239 ✭✭✭Claw Hammer


    Complain in writing about all issues. If no action complain to the RTB. Complain to the environmental officer from the council.


  • Registered Users Posts: 2,342 ✭✭✭seagull


    Did you send emails about the various issues, or just phone? Best thing with issues when you're renting is always to have some sort of evidence that you raised the issue at the time. It's also a good idea to take a load of pictures when you first move in. You've already been in for 18 months, so pictures now won't prove anything about the state of the place when you moved in.


  • Registered Users Posts: 252 ✭✭sf80


    Your landlord can write maintenance off against tax I think. Penny pinching like this might be sign they're not paying tax, have you been registered with the PRTB?

    Withhold the money your are owed from the rent and send them copies of the receipts; tell them to claim it back on tax


  • Closed Accounts Posts: 5,482 ✭✭✭Hollister11


    sf80 wrote: »
    Your landlord can write maintenance off against tax I think. Penny pinching like this might be sign they're not paying tax, have you been registered with the PRTB?

    Withhold the money your are owed from the rent and send them copies of the receipts; tell them to claim it back on tax

    You cannot withhold rent.

    OP lodge a case with the PRTB, but don't withhold, or deduct anything wrong rent. This could be grounds for eviction.


  • Registered Users Posts: 282 ✭✭Siipina


    Thanks a lot for your replies.

    LL told us to deduct money from the rent but we never did that, as I did not trust her and know that it could come back to haunt us. So never did, thank god.
    We never had to fill out the form from the PRTB so I would say we are not registered, I tried to download the map were you can see the registered properties but its not opening for me.
    I guess she is not paying tax.
    We ask for her postal address couple of times and again after the rent "discussion" or her email but she would not give anything, she only uses Whatsapp.
    Even told her I was not willing to discuss this kind of things via Whatsapp especially not things like putting up the rent without my husband even being informed as well, except what I told him but still all goes over whatssapp. Usually she would come in, unannounced of cause, for a tea and a chat. I was fine with it and thats was then as well when I told her about what needed to be done, took me a while to get nothing would be done. Was too spoiled from my old LL ;)

    I was thinking about lodging a case with PRTB but if we are not getting the mortgage or a house on time I am afraid that she would try to get us out. We have pets and a small child and it is very hard to get a new rental were the pets are accepted. I am looking on daft a lot just in case and there is mostly not pets at all.


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  • Registered Users Posts: 252 ✭✭sf80


    Apologies; I've only held back rent on agreement with the landlord.

    In this case I was suggesting it because I would guess your LL would afraid of getting anyone involved because of the tax implications for them. Best not to do it though, as said


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Very early to start worrying I would think?


  • Registered Users Posts: 2,342 ✭✭✭seagull


    Do you have anything in writing when she told you to deduct money from the rent for repayment? If not, ask her for something, and take your money.


  • Closed Accounts Posts: 194 ✭✭Angel2016


    I am reading your post and I wouldn't be surprised if we had the same LL !
    I rent in D24 pay € 1250 for a 3 bed semi in a nice area and our LL does nothing we have fixed everything in the house we are in the process of applying for a mortgage in the next 3 months I am currently just selling my one bed apt and I cannot wait to leave the place.
    When something breaks you call her and she says ye I will send someone around and never does you call her again she gets annoyed and tells you to fix it yourself if it bothers you that much.
    We recently had a guy in fixing two leaks in the place and he was shocked at the state of the house he said if it was inspected it would not pass the councils check, the walls have plaster falling off them, wonky floors, wobbly staircase and holes all over the bathroom.

    I know we are going to have a difficult time getting the deposit back so I am fully prepared to go to the PRTB and or hold off on her last months rent. As others have said I have put all requests for things to be fixed in writing we have had two rent increases since 2014 and when I questioned her on the second one telling her we are trying to save for a house she laughed at me and told me ye I know you are there long enough I thought you would have been gone by now.
    She has 13 houses and doesn't care about the state of this place.

    Diary all times and get everything in writing and keep track of any repairs you do with receipts.


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