LL withholding part of deposit. Advice requested.

beffers

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I moved out of an apartment recently. Prior to moving in, I signed a lease with a firm of estate agents that were acting on behalf of the landlord. After I moved in, I emailed & called the estate agent several times asking for an inventory of contents of the apt. I wanted to be sure that there would be no discrepancies as to what was or was not in the apt when I left. I received no response to these emails and phone calls. There were old bed linens & cushions in a cupboard that I chose not to use during my tenancy.

I have just found out that I am having the cost of replacing the bed linens & cushions deducted from my deposit. When I contacted the estate agent she contacted the land lord who says that they had to be replaced, and that I am responsible for it. I disputed this. When I asked why I was not furnished with an inventory of contents in the first place, she said it was the landlords choice not to provide one, and that that is his right.

So my question is, can he do this (keep part of my deposit) if he never provided an inventory of contents in the first place, that we both signed saying what was in the apt when I moved into it? Surely he can not, as unscrupulous landlords can then run amok charging tenants for all kinds of crazy stuff that they say is there, but is not.

I am also having the cost of cleaning the wood floors taken from my deposit. I cleaned the apt from head to foot prior to my moving out. On the day I moved out, the estate agent and I did an inspection of the apt. She said that everything was fine. She did not say that the floor was dirty and needed further cleaning, which obviously I would have done to her specifications prior to handing her back the keys, if she had said anything about it. The floors are very pale wood. It doesn't take much to dirty them up, which is why I brought a mop with me to the final inspection but she said nothing at the time. Nor did she do any inspection of the contents of the apt to see what was or was not there. Prior to moving out, I was sent a letter detailing all the things I had to do and things that had to be cleaned prior to my moving out. I did all these to the letter. So what is the point of my doing that, and doing an inspection with the estate agent, if they come up with this kind of crap AFTER the fact?

Any advice on how to proceed, or professional body that I can report this crowd to? I really don't think that they should be allowed to carry on like this, or let their clients (landlords) engage in the kinds of shady behavior that leads to situations like this. The shoddy, unprofessional and un businesslike way that this firm of estate agents treat their clients was one of the things that prompted me not to renew the lease on the apt. Thanks.
 
you can raise a dispute with the PRTB [broken link removed]
You can do this even if your tenancy wasn't registered

A complaint to IPAV [broken link removed] might also be in order if you feel the agent acted unprofessionally
 
I assume you are saying that no linen /cushions were provided. On that basis -plus the floor cleaning aspect then it seems you have a strong case. As a landlord I hate landlord like that -they give us a bad name.

Berni's advice is right . make sure that the estate agency is a member of that body.

As a matter of interest how much are you talking about ?
 
Not a huge amount of money. Under 200 euros. Am not sure if it is worth my while going after them with the PRTB. It's just the principle of the thing that gets my goat.

The land lord is saying that the linens and cushions need replacing. He didn't say if it was because they were missing, or that I supposedly damaged them so badly that they had to be replaced. There were linens and cushions there when I moved in. I did not use them. I just left them on the top shelf of the wardrobe which is where they were when moved in, so I can not say with any certainty what exactly was or was not there. Which brings me back to my original question, if there is no documentation detailing the inventory of the apt, legally can he do what he is doing?

The LL is a cheap so and so. The furniture and fixtures in the place are at least 20 plus years old, and are old and dirty and shabby. He refused to replace any of them. There was a bad mold problem in the kitchen and bathroom that took them 6 weeks to sort out. I think that the landlord is coming after me to get monies back that the estate agent charged him to get the mold issue sorted & that is what is really ticking me off. It's not my fault the place was a damm health hazard !
 
I would ring Threshold for advice on this one.

3. Your landlord must give you a list of all furniture and appliances provided. The Threshold rent book provides space to note these items and their condition.

8. When you leave, your landlord must promptly return your deposit. The landlord may only keep some or all of the deposit to cover rent arrears or the costs of repairing any damage above normal wear and tear.

9. Remember your rent deposit belongs to you, not to the landlord.

10. If your landlord fails to return your money or makes unfair deductions, please contact your nearest Threshold advice centre:


http://www.threshold.ie/page.asp?menu=70&page=244
 
Thanks. Will certainly give Threshold a ring in the morning.

That link mentions several things that the landlord "must" do. In my correspondence with the estate agent, is there a specific law or civic ordinance that I can quote to legally back up what their website says he "must" do? If there is not, won't it just be his word against mine as to what he can or can not do with my deposit?
 
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I have just found out that I am having the cost of replacing the bed linens & cushions deducted from my deposit. When I contacted the estate agent she contacted the land lord who says that they had to be replaced, and that I am responsible for it. I disputed this. When I asked why I was not furnished with an inventory of contents in the first place, she said it was the landlords choice not to provide one, and that that is his right.

Make sure to get that quote in writing from her.The LL here is on a hiding to nowhere.First thing the PRTB will look for is an inventory of contents and condition,this should have been given to you at the beginning if the tenancy and you would have signed off on it had you been happy with both descriptions and condition...

if none exists then its game over for this chancer and his incompetent letting agent.

Do not let this guy away with it,take a case to the PRTB purely to stop him doing it to some one else,he hasn't a leg to stand on.
 
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