Landlord is keeping deposit *and* billing us €10k

lion_bar

Registered User
Messages
23
I'd ring the solicitor and give them the PRTB reference number too. Tell them that getting the PRTB to deal with it is your concrete proposal.

Don't assume your landlord has told the solicitor about the PRTB proceedings you've initiated.
 

PaddyW

Frequent Poster
Messages
1,270
This guy is definitely having a laugh. You said the child scribbled on two walls. If the scribbles on the walls are only in one room, why does the entire house need repainting?? And €300 for a kettle and toaster.. Who is he kidding. I hope the outcome for you is good OP, this fella is being truly ridiculous.
 

AlbacoreA

Frequent Poster
Messages
3,261
I'd ring the solicitor and give them the PRTB reference number too. Tell them that getting the PRTB to deal with it is your concrete proposal.

Don't assume your landlord has told the solicitor about the PRTB proceedings you've initiated.
Or a registered letter?
 

patftrears

Frequent Poster
Messages
101
Re: Landlord is keeping deposit *and* billing us €10k- UPDATE

"Please note that in the event that we are not in the receipt of substantial and concrete proposals within seven days from the date hereof, then our client will have no option but to issue proceedings to recover the monies outstanding. Issuing the said proceedings may result in a judgement being obtained against you, and if necessary, published in the Stubbs Gazette. Any such judgement may well affect your credit rating.
This is just a bully tactic.
Only a company who is signed up to the credit rating buro (not sure of the correct name) can register a mark against your rating, ie banks, building societies, etc.

Stubss Gazette again another tactic.

PRTB has legal presidence in this matter, solicitor is wasting his time. I reckon solicitor is a friend/relative of the landlord and chancing his arm.
 

DonKing

Frequent Poster
Messages
557
I would agree that the solicitor is probably a friend or relative.

OP, You should send a registered letter to the solicitor confirming that the matter has been referred to the PRTB. I would also comment that you are also contacting the Law Society in relation to correspondance you have received from them (The landlords solicitor). Don't bother going into any detail in the letter to the solicitor. Just keep it brief.

The Law Society sorted an issue I had with a particular solicitor. The society normally expects you to make a complaint first with the solicitor and give him a chance to make amends, but I think they are reasonably flexible in their approach.
 

samanthajane

Frequent Poster
Messages
766
wow cant believe you got another letter from the solicitor. Make sure you keep all of these wont you. It doesn't matter if the solicitor is a family member or friend or even is your ex landlord is paying for it or not, he should still know the law, and there is nothing that can be done it's through the PRTB now. I still think he is chancing is arm that you wont want to go through the whole process and give up, which is why I'm surprised that he is not willing to bend at all with anything. He's not even willing to work with you on this at all. Goes to show how stupid he really is.

Maybe i was a bit out with the time frame of 5-6 months I didn't actually go all the way with them, and when i was speaking to them that was the time they told me. Probably wishful thinking on their end.

Great idea about getting a friend to go and view the place, take a few photo's, see if the landlord has actually painted the whole house, and replaced the chairs. See what kettle and toaster he has in the house now. Since he claimed the house was high spec you'd expected him to do the same again and put in a €300 kettle and toasted. Bet there's argos value in their now, or nothing at all. If there is nothing make sure to ask if they will be provided. Should be interesting to see the outcome of all of this.
 
T

tenchi-fan

Guest
i feel for you.

i moved in somewhere which was less than perfect but (3 years ago) I couldn't be fussy because it was hard to find a half-decent rented accommodation.

I made a list of everything wrong which i got the renting agent to sign, took photos which I burned to cd, and gave the place a good scrub.

6 months later I moved out. I cleaned the place thoroughly.

When I moved out the estate agent said it was "disgusting" the way I left the place, with the arms of the sofa broker, 10 years worth of limescale on the shower door, etc etc. I called into them with the snag list which they had signed. They said "well, you left it a lot worse. you're lucky you had that list or we'd get you for a lot more than just the deposit." They accused me of taking the photos afterwards because "there is no way they would have rented out the place in that condition(!")

But they hadn't a leg to stand on. As a compromise I let Duffy's keep some of the deposit to cover a radiator which got damaged. When I was eventually buying my own place I avoided them like the plague.
 

newbieineire

Registered User
Messages
13
Hi everyone :)

So here we are - with another exciting installment of this drama.

Since I last posted, we sent documents to the PRTB, etc ... and we have now received the landlord's side of the story, along with an appointment for an adjudication hearing in mid-august.

The landlord has submitted invoices re:cleaning (€1,500) decorating (€5,000), I should probably point out he is in the building business, so I am sure he can get people to give him invoices or to "inflate" them to over the value.

He still insists that there is one velux blind missing and has included a photo of the bare velux window. Sadly the sun hits on it and you can't see that THERE ARE NO FITTINGS for the window!

He has submitted photos of probably previous tenancies - some of the photos are effectively from our time there, and we take responsibility for that (scribbling of chairs and walls, as I had described before) but he has included photos of the garden with lots of old grass, dead vermin (?) and photos of a destroyed oven encrusted with muck. As I said before, there is no point in lying and if we were effectively responsible for this we would stand up to the plate, but the man is LYING.

We have discovered as well that suing people seems to be his modus operandi. He was in the news recently for a 7-year-old lawsuit and he is not budging ... God knows how many people he has had in the past.

Can anyone provide some insight about the hearing? What to expect, etc? we will be sending comments to the PRTB re the photos ... we also saved some adverts from daft.ie where the house was being advertised to let and it had exactly the same furniture we did.

I am getting all distressed again. I have tried to calm down and have thought that in the worst of cases and if we had to pay up the €7000 he wants, we could do it, not easily, but we could do it in installments or something, and that it's not the end of the world, but it really is not fair .. the house hasn't been rented yet and I am sure this is his way of making some nice extra income - just suing people for living in there.

I feel sick. :(
 

DB74

Frequent Poster
Messages
1,603
Just because the landlord has got invoices for cleaning and redecorating doesn't necessarily mean that it is a result of excess normal wear-and-tear.

Also anyone can remove a blind and claim that a tenant took it with them.

At the end of the day the landlord will have to prove that you damaged the house to that extent and I personally don't see what invoices will do to prove that case.
 

Pope John 11

Frequent Poster
Messages
761
Hi everyone :)
I am getting all distressed again. I have tried to calm down and have thought that in the worst of cases and if we had to pay up the €7000 he wants, we could do it, not easily, but we could do it in installments or something, and that it's not the end of the world, but it really is not fair .. the house hasn't been rented yet and I am sure this is his way of making some nice extra income - just suing people for living in there.

I feel sick. :(
In the mean time you should go to the doctor if you feel sick & stressed out over this. If you win the case, sue him for the stress he has caused on you
 

newbieineire

Registered User
Messages
13
Afternoon everyone

I indeed have an update now. The hearing was held this week, my husband attended alone. The landlord did not turn up, despite confirming that he would. The adjudicator rang him and he said some excuse about something coming up and not being able to attend, therefore the adjudicator said that the hearing would have to go on without him.

It was pretty straightforward, according to my husband. He explained all the timeline since we looked at the house, etc.. showed the evidence we had and challenged the landlord's response, as in invoices for €2,000 for paint *only* and the photographs of the garden that show lawns and gardens all leafy,lush and green, considering we moved out on the 1st of January 2010 and everything was covered in snow.

The adjudicator will submit her report in a few weeks time, so we won't know the resolution for a while, I suppose. I have read it could take months after a hearing before a decision is given, but we are prepared to wait.

However, it's not as easy as that. Knowing this landlord, I am sure that he will resort back to his sending-letters-via solicitor's trick, and he will more than likely appeal if the PRTB decision does not fall in his favour. The advantage we have is that he didn't turn up...

At least the hearing is over with, so that is a weight off our shoulders for now.
 

newbieineire

Registered User
Messages
13
We'll, PRTB adjudicator's decision is here. :)

No evidence or anything to back up the €10,000 allegations, so they are dismissed.

Landlord is to pay us our €2,100 deposit within 7 days. :)

---------------

Well, of course, actually getting it from him will be a miracle. But it is such a relief to see that this guy is getting what he deserves for trying to get a few thousand euro at our expense.

Thanks so much for your advice and support guys. Not the end of the road yet - at least not until we see a cheque to our name ;) but at least we are more confident now.
 

alaskaonline

Frequent Poster
Messages
489
I was only a silent reader regarding your thread but have to say now: Well Done!!! I am very happy for you and your family.

Enjoy the stress free time ahead of ye's.
 

Murfnm

Frequent Poster
Messages
57
That landlord had some neck, he must be in politics.
Good news for you and yours, delighted for ye.
 
Top