Landlord reducing deposit due back. How can i challenge this

S

SwordsMan

Registered User
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Hi All

Looking for a bit of guidance here or what people’s opinions are

Lived in rented accom for 2 years, always paid on date due (S/O set up etc). No issues through out lease. Recently gave letting agent who was acting on behalf of LL notice when they wanted to up the rent as LL would not do some basis maintenance around place. Apartment needed a lick of pain; furniture was old /falling apart etc

I was very cooperative for letting people view apt etc and got cleaner in to ensure place was spotless before leaving….as said i was/am a good tenant.

When it came to deposit I was told by letting agent I would get it back after inspection.
I arrange to meet letting agent on my moving out date and 10 mins before set time she cancelled, stating family emergency etc. This was a major inconvenience to me and she advised that she would collect keys /fob off me in work which was 5 mins drive from aprtment (as I could not make it down to apartment during working week due to having to collect son in crèche near where I am now living) and do the inspection ASAP that day and transfer deposit then. Again all nicey nicey and all seems to be going smoothly..

This all happened and waited next day and nothing in account, gave benefit of doubt waited next day and still nothing, so txted her and she gave me line of takes 48hrs etc and should be there next day…I work in banking so I know this was porky pies but again presumed she was just saying that and it would be there the next day…

Next day nothing again, so tried phoning etc and no answer, sent texts and got one back saying she would check with LL. This surprised me as she had been telling me it would be in my acc next day next day etc. Needless to say I was very annoyed at this stage and thought they were taking me for a fool and I let her know in no doubt that I wanted my deposit back and she was acting very unprofessional and i keep my side of deal and expected same

She then advised after a few days of hearing nothing that few things were wrong in apartment.

Car fob not working - it did work but there was a knack to it as I dropped it so I said fair enough to get a replacement .cost €120
Light shade smashed – again I said fair enough as I broke it trying to replace a bulb! €25
Coffee table - when we moved in there was an old horrible looking table. I put this in storage and bought a new one. When I went to do the swap when leaving I realised the old one got thrown out so I left the coffee table I bought in the apartment , thinking LL was getting a better one. He now tells me he wants 150 for replacement. There was no way this was worth that, it was a horrible eye sore and I left a decent one in.

Bathroom – when we moved in there was a burn mark on the bath near the drain…LL is saying we did this and unable to use bath as a result. This was always there from day 1 and bath worked fine. I have a little son and gave him a bath every day! -he wants €175 for this and to rub salt in wounds, LL is saying that’s him doing a deal for me

Can I do anything? I know PRTB but this can take a year. Main issue is around the coffee table and bathroom. I know I replaced the table but the old one was just that and it certainly was not worth 150 or the bath, LL is saying he would have remembered the burn mark. It was 100% there when we moved in… this is a real he says she says, is it worth going thought PRTB. Feel like I have been robbed and to date I have received nothing back
 
Yes do contact PRTB, they are very active on behalf of deposits not being returned to
tenants.
Browtal
 
Did you inform the landlord in writing that it was OK to take the deductions agreed on (not the burn mark or the coffee table) ? If not, I would tell the landlord that you will accept a final figure of an offer or you will go the the PRTB and dispute all the deductions and will seek compensation for loss while waiting. This might put a spark in his rear and make him come to his senses.
Note: I am taking your word that the facts are as stated. It's not an attack on LLs.
 
I think it's bad form the agent didn't meet with you as arranged. It is not right that the final inspection is not done immediately and deposit handed back.

As a landlord

Car fob and shades is definitely your fault.

Coffee table, well you think it's better, that's a matter of interpretation, but you are at fault for not putting back the other table, the circumstances are irrelevant. Solution, you take the coffee table and pay the 150 Euro.

The bath, well that's tricky. Landlord can equally be telling the truth that he never noticed the problem before. So it's entirely plausable that he thinks you caused the damage. This is why it's so important to go through the place with pictures beforehand.

I do not consider it worthwhile to go to the PRTB for the figures you mention. 150 + 175 = 325 But you might. I think the PRTB in your case should rule you take the coffee table and pay the 150 Euro, landlord should not be forced to take your furniture as replacement for his. (even if it's better) For the bath, you've got a 50/50 chance of winning.

Advice, as I believe you on the bath I think the landlord should not charge this. So you have to try and see if threatening the PRTB will make him pay up. I imagine for most landlords it's a no brainer. Caveat, he could, if pig headed, hire somebody to replace the bath for 500 or whatever and charge you that. Just saying.

_____________

As I'm a landlord, this is my own way of doing things, I won't have bother with any of this. I'd be happy with a new coffee table, and can replace a shade or fix the bath and write it off against tax, so I wouldn't be down any money anyway and have no time for this kind of nit picking. It's total nonsense, in my opinion.
 
Just as a update. LL was not budging, saying i had to pay for bath and table and relations got very bad between the Letting Agent and myself , with talks breaking down.
They took all deductions from my deposit and put into my account , however they forgot to take for few days i owed them which i told them previously to take out of deposit, so im only down about 75 from what i thought i should have to pay so i'll let sleeping dog lie but have learned many lessons. Take photos of everything when you move in and ring LL for even the smallest problem and get them out to fix it,
 
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